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UTMDACC INSTITUTIONAL POLICY # ADM0144 SALES TAX POLICY PURPOSE The purpose of this policy is to ensure that Institutional and State Guidelines are followed when issuing reimbursements or payments for Texas state sales and use tax. POLICY STATEMENT The University of Texas MD Anderson Cancer Center (MD Anderson) is part of The University of Texas System and a state institution of higher education. All state institutions are exempt from payment of sales tax to any vendor or individual for sale of goods or services, including reimbursements to employees. SCOPE This policy applies to all institutional funds, all employees to include faculty, and all requests for reimbursement or payment of Texas state sales and use tax. Compliance with this policy is the responsibility of all faculty, trainees/students, and other members of MD Anderson’s workforce. TARGET AUDIENCE The target audience for this policy includes, but is not limited to, all faculty and other MD Anderson employees. DEFINITIONS Authorized Agent: The employee or faculty member requesting tax exemption for a purchase, lease, or rental. State Sales and Use Tax: A tax imposed on any item sold, leased, or rented. PROCEDURE 1.0 General Guidelines 1.1 The purchase, lease, or rental of a taxable item to a state agency is exempt from tax when the organization or an authorized agent pays for the taxable item and provides the vendor an exemption certificate in lieu of tax. Page 1 of 4 UTMDACC INSTITUTIONAL POLICY # ADM0144 2.0 1.2 A state agency may not voluntarily pay a tax or fee if the agency is legally exempt from paying it. 1.3 The Authorized Agent must present the completed Texas Sales and Use Tax Exemption Certificate at the time of purchase. If the vendor does not accept the certificate, then payment of the tax is allowable. If the Authorized Agent will be requesting reimbursement for this expense, a notation should be made on the check request. Reimbursement will not be provided if the Authorized Agent does not present the certificate to the vendor. 1.4 An employee of an exempt organization cannot claim an exemption from tax when purchasing taxable items of a personal nature. 1.5 The Texas Sales and Use Tax Exemption Certificate is available on the Texas Comptroller of Public Accounts site. The Tax Exemption Certificate is complete when the seller information and “Description of items to be purchased” fields have been completed. Sales Tax on Services 2.1 When there is a contract between the vendor and MD Anderson for services such as cellular service, then the tax exemption certificate must be presented to the vendor at the time of agreement. 2.2 Sales tax on services is a reimbursable expense only if a legitimate business purpose applies for the purchase. 2.3 The sales tax amount reimbursable will be prorated if there is a legitimate business purpose for service. Note: Individuals receiving supplemental cell phone pay are not eligible for any additional compensation for sales tax on cellular service. See the Cellular Phone Supplemental Pay Policy (UTMDACC Institutional Policy # ADM0251). 3.0 4.0 Sales Tax on Business Entertainment 3.1 The reimbursement of sales tax on business entertainment expense is allowable. 3.2 When planning or organizing an event that involves catering, the tax exemption certificate should be presented to the vendor before payment. Sales Tax While Traveling Specific guidelines govern the reimbursement of Sales Tax for individuals on approved institutional travel. Please refer to the Travel Services site and Travel Management Policy (UTMDACC Institutional Policy # ADM0145) for additional guidelines. Page 2 of 4 UTMDACC INSTITUTIONAL POLICY # ADM0144 REFERENCES The State of Texas Purchase Policies and Procedures Guide. Texas Comptroller of Public Accounts site. Texas Sales and Use Tax Exemption Certificate. Travel Services site. ATTACHMENTS / LINKS None. RELATED POLICIES Cellular Phone Supplemental Pay Policy (UTMDACC Institutional Policy # ADM0251). Travel Management Policy (UTMDACC Institutional Policy # ADM0145). JOINT COMMISSION STANDARDS / NATIONAL PATIENT SAFETY GOALS None. OTHER RELATED ACCREDITATION / REGULATORY STANDARDS None. REFERENCES None. Page 3 of 4 UTMDACC INSTITUTIONAL POLICY # ADM0144 ___________________________________________________________________________________ POLICY APPROVAL Approved With Revisions Date: 04/17/2013 Approved Without Revisions Date: Implementation Date: 04/17/2013 Version: 14.0 ___________________________________________________________________________________ RESPONSIBLE DEPARTMENT(S) Office of the CFO Page 4 of 4