Texas Application for Direct Payment Permit
General Information
Under Ch. 559, Government Code, you are entitled to review, request and correct information we have on file about
you, with limited exceptions in accordance with Ch. 552, Government Code. To request information for review or to
request error correction, contact us at the address or phone numbers listed on this form.
Who may submit this application You may submit this application if you annually purchase at least $800,000 worth of taxable items
for your own use and not for resale.
• The Comptroller may issue a Direct Payment Permit after receiving this completed application
and finding that all the requirements for issuing a Direct Payment Permit stated in Item 1 of this
application, “Taxpayer’s Agreement,” have been met.
For assistance If you have any questions about this application, filing tax returns or any other tax-related matter,
contact your nearest Texas State Comptroller’s local office. You may also call (800) 252-5555 or
(512) 463-4600.
General Instructions
•
•
•
•
Please do not separate pages.
Write only in white areas.
Fill in all blanks and answer all questions completely and fully.
Do not use dashes when entering Social Security, Federal Employer Identification Number (FEIN),
Texas Taxpayer or Texas Vendor Identification numbers.
• Federal Privacy Act: Disclosure of your Social Security number is required and authorized under
law, for the purpose of tax administration and identification of any individual affected by applicable
law. 42 U.S.C. §405(c)(2)(C)(i); Tex. Govt. Code §§403.011 and 403.078. Release of information on
this form in response to a public information request will be governed by the Public Information Act,
Chapter 552, Government Code, and applicable federal law.
NOTE: No purchases may be made tax free until this application has been approved and your Direct Payment
Permit has been issued.
Specific instructions are on the back of the next page.
Complete this application and mail to: Comptroller of Public Accounts
111 E. 17th St.
Austin, TX 78774-0100
AP-101-1 (Rev.8-11/16)
AP-101-2
(Rev.8-11/16)
PRINT FORM
Texas Application
for Direct Payment Permit
• Please read instructions.
CLEAR FIELDS
Page 1
• Type or print.
• Do not write in shaded areas.
1. Taxpayer's Agreement - The applicant, in consideration of the issuance of a Direct Payment Permit by the State of Texas according to the provisions of the law, agrees and affirms:
a. that applicant is a responsible person annually purchasing at least $800,000 worth of taxable items for use and not for
resale (complete Item 19);
TAXPAYER'S AGREEMENT
b. that the accounting method used will clearly distinguish between taxable and nontaxable purchases (complete Item 20);
c. that upon the issuance of a Direct Payment Permit to the applicant, the applicant will accrue and pay to the State of Texas
all taxes which are or may in the future be due by virtue of the State, Local, Metropolitan Transit Authority, City Transit
Department, County and Special Purpose District Sales and Use Tax Acts. The tax is due on all taxable purchases; and,
unless the tax is paid to the seller, it must be reported on the Texas Direct Payment Return. All taxes due will be paid
monthly on or before the 20th day of the month following each monthly reporting period;
d. that the Direct Payment Exemption Certificate will not be issued for taxable items purchased for resale;
e. to report all taxable purchases on the direct payment return and waive any claim for discounts for taxes paid. No taxable
purchases may be reported on a sales and use tax return;
f. upon request, to make available at any time to the Comptroller's office the books, papers, records and equipment of the
applicant's business;
g. to cooperate with the Comptroller's office in the examination of the books, papers, records and equipment of the applicant
and in the investigation of the applicant's activities, business and accounting methods; and
h. to fully disclose to the Comptroller's office in this agreement or upon acquisition, whichever occurs first, the nature and
extent of the ownership or control which the applicant has in the business from which the applicant makes purchases
pursuant to the Direct Payment Permit.
Legal cite: Tex. Tax Code Ann. Sec. 151.419
Type or print name of sole owner, partner or officer
Sole owner, partner or officer
TAXPAYER IDENTIFICATION
2. Legal name of owner (sole owner, partnership, corporation or other name)
3. Mailing address (street and number, P.O. Box or rural route and box number)
City
State
ZIP code
County
4. If you are a sole owner, enter your home address IF it is different from the address above. (street and number, city, state, ZIP code)
4a. Enter the phone number of the person primarily responsible for filing tax returns (area code and number).
(
)
5. Enter your Social Security number if you are a sole owner ............................................................................
6. Enter your Federal Employer Identification Number (FEIN), if any. ........................................................................
7. Enter your taxpayer number for reporting any Texas tax OR your Texas
Vendor Identification Number if you now have or have ever had one................................................................
8. Indicate how your business is owned.
1 - Sole owner
3 - Texas corporation
OWNERSHIP
2 - Partnership
6 - Foreign corporation
7 - Limited partnership
Other (explain)
File number
Month
Day
Year
Day
Year
9. If your business is a Texas corporation,
enter the file number and date. ......................................................................................
10. If your business is a foreign corporation, enter home state, home state registration number, Texas file number and date.
Home state
Home state registration number
Month
Texas file number
11. If the business is a limited partnership, enter the home state
and identification number. ............................................................................................................
State
Number
AP-101-3
(Rev.8-11/16)
Texas Application
for Direct Payment Permit
• Please read instructions.
Page 2
• Type or print.
• Do not write in shaded areas.
12. Legal name of owner (same as Item 2)
13. List all general partners, officers or managing members of your business. (Attach additional sheets, if necessary.)
If you are sole owner, skip Item 13.
Name
Phone (area code and number)
(
PROPRIETORS
Home address
)
City
SSN
State
FEIN
County (or country, if outside the U.S.)
Percent of
ownership
Position held:
General partner
Officer/Director
Name
%
Managing member
Other
Phone (area code and number)
(
Home address
)
City
SSN
State
FEIN
General partner
Officer/Director
%
Managing member
Other
BUSINESS LOCATION/TYPE
14. Business name
DIRECT PAYMENT
INFORMATION
ZIP code
County (or country, if outside the U.S.)
Percent of
ownership
Position held:
ZIP code
Business phone (area code and number)
(
)
15. Location of your principal place of business (Use street and number or directions - NOT P.O. Box or rural route number.)
City
State
ZIP code
County
16. Is your business located inside the city limits of the city named in Item 15? ..................................................................
17. Indicate your principal type of business.
Exploration/Production
Construction
Manufacturer/Processor
Service
YES
NO
Other
18. Describe your Texas business and the goods or services you sell. (See instructions.)
19. Enter the amount of your annual purchases subject to Texas Use Tax .....................................
$
20. On a separate sheet, describe the accounting method that you will use to differentiate between taxable purchases, exempt purchases,
tax-paid purchases and items purchased tax free for resale. (See instructions.)
21. List and describe all sites of major fixed assets permanently located within Texas. (Attach additional sheets, if necessary.)
The sole owner, all general partners, members, officers or an authorized representative
must sign this application. Representative must submit a written power of attorney
with this application. (Attach additional sheets, if necessary.)
Month
Day
Year
Date of signature
SIGNATURES
22. I (We) declare, under penalties prescribed by law, that the information in this document and any attachments is true and correct to the best
of my (our) knowledge and belief.
Legal cite: Tex. Penal Code Ann. Sec. 37.10
Type or print name of sole owner, partner or officer
Sole owner, partner or officer
Type or print name of partner or officer
Partner or officer
Type or print name of partner or officer
Partner or officer
WARNING. You may be required to obtain an additional permit or license from the State of Texas or from a local governmental entity to
conduct business. A listing of links relating to acquiring licenses, permits, and registrations from the State of Texas is available online
at http://www.Texas.gov. You may also want to contact the municipality and county in which you will conduct business to determine
any local governmental requirements.
Field office or section number
Employee Name
USERID
Date
Instructions for Completing
Texas Application for Direct Payment Permit
Item 2 - Sole owner - enter first name, middle initial
and last name.
Partnership - enter the legal name of the
partnership.
Corporation - enter the legal name exactly as it
is registered with the Secretary of State.
Other organization - enter the title of the
organization.
Item 3 - Enter the complete address where you want
to receive mail from the Comptroller of Public
Accounts.
NOTE: If you want to receive mail for other
taxes at a different address, attach a letter with
the other address(es).
Item 6 - Enter the Federal Employer Identification
Number (FEIN) assigned to your business by
the Internal Revenue Service.
Item 7 - If you have both a Texas Taxpayer and a
Texas Vendor Identification Number, enter only
the first eleven digits of the Vendor Identification
Number.
Item 8 - If you check “Other,” identify the type of
organization.
Examples: Social Club, Independent School
District, Family Trust.
Item 13 - Partnership - enter the information for ALL
partners. If a partner is a corporation, enter the
Federal Employer Identification Number (FEIN)
of the corporation.
Corporation or other organization - enter the
information for the principal officers (president,
secretary, treasurer).
Item 18 - The description of your business should
include the principal types of business.
Examples: highway construction, crude
petroleum, natural gas transmission, industrial
chemicals. Please be specific.
Item 19 - Enter the total amount of taxable items
purchased last year or to be purchased. This
does not include purchases for which a Resale
Certificate can be or could have been issued.
AP-101-4 (Rev.8-11/16)
Item 20 - To be eligible for a Direct Payment Permit,
you must maintain an accounting method that
clearly distinguishes between taxable and nontaxable purchases.
Describe your accounting method fully. Explain
the internal controls and the accounting flow of
the data that will be used to prepare your direct
payment return.
Answer the following questions in your explanation.
• How will you distinguish between
- purchases made under a direct payment
exemption certificate;
- purchases for resale;
- nontaxable purchases;
- purchases in Texas and out of state;
- any other tax-free purchases; and
- tax-paid purchases?
• If you purchase items for resale and for your
own use from the same supplier, will you
issue separate purchase orders? How will the
two types of purchases be accounted for?
• If you do not issue blanket exemption
certificates to your suppliers, how will you
indicate on which items the supplier will
collect tax?
• What accounting procedure will you follow
to report use tax in the same month that you
receive vendor’s billings?
• What procedure will you follow to report use
tax to the correct city, Metropolitan Transit
Authority (MTA) or City Transit Department
(CTD), County and/or Special Purpose
District (SPD)?
• When you prepare your direct payment
return, from what source(s) will you get the
necessary data? How will this data get to the
source(s)?
• Will more than one person review the
purchase records and compare them to
reported purchases?
• What procedures will you follow to ensure
that tax-free purchases are not reported on
the Texas Sales and Use Tax Return?
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