Texas – Comptroller acquiesces to court decisions and revises flow-through exclusion and COGS policies

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July 2014


The Texas Comptroller of Public Accounts (Comptroller), in response to two taxpayer victories in state court, revised its policies with regard to whether construction related transactions qualify for the total revenue exclusion for flow-through funds or for the cost of goods sold (COGS) deduction. The policy announcement should pave the way for refunds where a taxpayer’s facts align with the court decisions and new policies.

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