SECTION 3.283. Bartering Clubs and Exchanges

(a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Barter--To exchange taxable items without using money.

(2) Barter exchange--Any organization, association, or group of persons maintaining facilities for the purpose of bringing purchasers and sellers together for the purpose of bartering.

(3) Trade units--The medium of exchange which is debited and credited to members' accounts when bartering.

(b) The barter of a taxable item is the sale of a taxable item even though trade units are accepted by the seller instead of money.

(c) The seller must collect and remit sales tax on the sales price of a taxable item.

(d) Barter exchanges which maintain show or sales rooms for the purpose of bartering taxable items are sellers. See §3.286 of this title (relating to Seller's Responsibilities).

(e) Dues and service fees charged by the barter exchanges to members for becoming a member of the exchange and for maintaining records on barter transactions are not taxable.

Source Note: The provisions of this §3.283 adopted to be effective March 11, 1983, 8 TexReg 673.