Form 28-104 - Request For Waiver Of Texas Oyster Sales Fee Reporting Requirements

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28-104
(Rev.4-03/2)
REQUEST FOR WAIVER OF TEXAS OYSTER
You have certain rights under Ch. 559, Government Code, to review,
request, and correct information we have on file about you. Contact us
SALES FEE REPORTING REQUIREMENTS
at the address or toll-free number listed on this statement.
Taxpayer name and mailing address
Certificate year
FOR COMPTROLLER USE ONLY
00991
8024
Reference number
Outlet name
Taxpayer number
Outlet address
Certificate number
Outlet number
Health and Safety Code, Section 436.103, requires the first certified shellfish dealer who harvests,
purchases, handles, stores, packs, labels, unloads at dockside, or holds oysters taken from Texas
waters to pay the state a $1 fee for each barrel of oysters harvested, purchased, handled, or pro­
cessed by the certified shellfish dealer. The law also provides that certified shellfish dealers shall file
a monthly report with the Comptroller of Public Accounts to remit any oyster sales fee or penalty that
is due for the report period. A dealer who fails to pay a fee or penalty imposed by this section in full
within the prescribed period is liable for the amount of the fee or penalty and an additional penalty of
10 percent of the amount of the fee or penalty.
I, on behalf of the taxpayer named above, hereby notify the Comptroller of Public Accounts that
this taxpayer, at the specified location, is not the first certified shellfish dealer to harvest, purchase,
handle, store, pack, label, unload at dockside, or hold oysters taken from Texas waters. Since
current operations do not confer liability for paying the Texas oyster sales fee, we request that the
Comptroller waive the monthly oyster sales fee reporting requirement for this location.
If, at a later date, this taxpayer intends to change plant operations in a manner that requires pay ­
ment of the oyster sales fee, the taxpayer agrees to inform the Comptroller’s Tax Policy Division, in
writing, prior to implementing the change.
I understand that failure to properly contact the Comptroller to update this taxpayer’s account
status may constitute justification for legal action against the business.
Name and title of owner or authorized representative (Please print)
Signature of owner or authorized representative
Date
To request a reporting waiver, return this form to:
COMPTROLLER OF PUBLIC ACCOUNTS
Tax Policy Division
P.O. Box 13528
Austin, TX 78711
For assistance, call us toll free at 1-800-531-5441, extension 50009.

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