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How to do a Voluntary Disclosure with the Texas Comptroller

By David C. Gair on October 1, 2012
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Are you worried about a failure to file a franchise tax or sales tax return in Texas?

Handcuffed Man in SuitWorried that you could go to jail?

Worried that the State of Texas is going to hit you with horrible penalties and interest?

There is a way to avoid these problems and reduce your liablity.

The answer is do a “Voluntary Disclosure.”

The Texas Comptroller has a policy that it wants to get taxpayers to comply with its tax laws and you can get favorable treatment if you do it quickly.

The general  guidelines for the Voluntary disclosure are:

  • Comptroller will generally only look back 4 years
  • All taxes collected  need to be remitted (even if outside the 4 years).
  • No penalties will be assessed.
  • No interest will be assessed.
  • Program only available if no audit or investigation has begun.

Beware, that in order to qualify you must make the disclosure before the Texas Comptroller contacts you.  Bottom line, do not delay!

The benefits are:

  1. Eliminate criminal exposure
  2. Eliminate penalties
  3. Eliminate interest
  4. Generally only pay back taxes for four years

This program is as close to a “get out of jail free” card as you can get.

Photo of David C. Gair David C. Gair

David Gair is Board Certified in Tax Law by the Texas Board of Legal Specialization and the Leader of Gray Reed’s Tax Controversy Practice Group. He focuses his practice on guiding businesses, high-net-worth individuals and tax professionals through all types of complex civil…

David Gair is Board Certified in Tax Law by the Texas Board of Legal Specialization and the Leader of Gray Reed’s Tax Controversy Practice Group. He focuses his practice on guiding businesses, high-net-worth individuals and tax professionals through all types of complex civil and criminal tax controversies, everything from audits and litigation to investigations and collection matters.

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  • Posted in:
    Tax
  • Organization:
    Gray Reed & McGraw LLP

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