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TX 8410L0603D05 Sales and/or Use Tax (State,Local,MTA) 1984-10-31

How did Texas tax a city's golf green fees, sales of food or other tangible property, and parking-meter fees in 1984?

Short answer: The city did not collect tax on green fees at its golf course. It had to collect the stated 5 1/8% historical rate on sales of tangible property, including food, and on all parking-meter fees.

Apply this to your situation

This page answers the general question as of 1984. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1984
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The Texas Comptroller gave a city three historical tax answers:

  • The city did not have to collect tax on golf green fees at a city-owned or city-operated golf course.
  • It had to collect and remit the stated 5 1/8% tax on sales of tangible property, including food.
  • It had to collect and remit the stated 5 1/8% sales tax on all parking-meter fees.

The 5 1/8% rate is the rate printed in this 1984 letter and should not be treated as a current Texas rate.

What this means for you

City finance departments

The letter separated golf green fees from a city's taxable property sales and parking-meter receipts.

Municipal golf courses and concession operations

The green fee was nontaxable, while food and other tangible-property sales were taxable at the historical rate stated in the source.

Accountants and tax professionals

Do not reuse the printed rate. Confirm current state and local rates and the current tax treatment of municipal parking and recreation charges.

Common questions

Q: Did the city collect tax on golf green fees?
A: No.

Q: Did the city collect tax on food and other tangible-property sales?
A: Yes, at the historical 5 1/8% rate stated in the letter.

Q: Were parking-meter fees taxable?
A: Yes, at that same stated historical rate.

Citations and references

  • The letter cites no statute or administrative rule.
  • The 5 1/8% rate is historical and appears verbatim in the 1984 source.

Source

Original ruling text

October 31, 1984




Dear **:

Thank you for your letter regarding city sponsored services and parking
meters.

Your questions and the answers are as follows:

  1. "Is it a true understanding that city sponsored services such a golf
    green fees, concession stands sponsored by the City and other such
    activities which serve food which are sponsored by the City are in fact
    exempt from the new provisions of the sales tax law."

Answer: The City is not required to collect tax on golf green fees at a
city owned or operated golf course. The city must collect and remit 5 1/8
percent tax on all sales of tangible property, which includes food.

  1. "It is my understanding that City operated parking meters are not
    exempt from the sales tax provision because of an error in identifying
    exempt status in the new sales tax law. Therefore I comprehend that the
    City should remit 4 1/8% of all parking meter revenues collected to the
    State of Texas."

Answer: The city must collect and remit 5 1/8 percent sales tax on all
parking meter fees.

This opinion is based upon the facts you presented. If there are
additional or different facts, this opinion may change.

Please feel free to contact me if you have additional questions. You may
write me, or call toll free 1-800-252-5555 from anywhere in Texas or phone
512/475-1931.

Sincerely,

Dot Burchard
Tax Policy Section
Tax Administration Division

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