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Case Law Update: 2010
This article discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The article covers approximately twenty-five cases that were ...
The New Texas Margin Tax—The Margin Tax Expands the Types of Entities Subject to Taxation
The new Texas Margin Tax expands the entities which are subject to tax, however, exemptions exist for certain entities, small businesses, and passive investment entities.
Improper Documentation and Maintenance of Files Can Lead to the Loss of Exemptions
Items purchased for resale are not taxable in Texas, however, a purchases must provide a resale certificate to a purchaser in order to qualify for an exemption from sales and use tax. Sellers should keep these certificates ...
Properly Interpreting Wills
A short analysis of a 2000 Supreme Court of Texas case. Assets related to real property passed to the residuary beneficiary even though extrinsic evidence showed the testatrix wanted this additional property devised to ...
The Seller and Purchaser Are Both Liable for Uncollected Sales Tax
Liability for payment of uncollected sales tax falls on both Texas sellers and purchasers.
Understanding the Sales Taxation of Services and Enumerated Services
The sales of services are exempt from Texas sales tax, however, there is a long list of statutorily taxed services. Texas courts apply an essence of the transaction test to determine whether a mixed transaction is taxable.
Religious Organizations May Be Exempt from the Franchise Tax
Religious organizations and many other kinds of organizations are allowed an exemption from the Texas franchise tax. To obtain the franchise tax exemption, organizations must submit an application to the Texas Comptroller ...
The New Texas Margin Tax—Understanding How the Margin Tax is Computed
A short essay discussing how taxable entities calculate the new Texas Margin Tax.
The Benefits and Disadvantages of Living Trusts
An inter vivos trust, also known as a living trust, is created during the lifetime of the settlor; testamentary trusts do not take effect until the settlor dies. This article discusses the advantages and disadvantages of ...
Texas Court Should Reject Lawsuit Secrecy
The current Texas law allows courts to enter protective orders to keep information secret from the public, but it currently allows this same information to be shared between cases. Corporations such as GM are petitioning ...