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TX 9709954L Sales and/or Use Tax (State,Local,MTA) 1997-09-22

When a used bookstore later redeems a customer's store credit (from selling used books) toward a new purchase, is tax due on the full purchase price or only the cash portion?

Short answer: Tax is due on the total purchase price, including the credit portion. A used bookstore is correct to collect sales tax on the full charge when a customer buys a book using a store credit memo (earned by selling used books) as part of the payment. Tax Code § 151.007(c)(5) excludes only property taken by a seller IN TRADE as part of the SAME sale — a credit memo earned in one transaction and redeemed later, in a separate purchase, is not a trade-in and does not reduce the taxable sales price of that later purchase.

Apply this to your situation

This page answers the general question as of 1997. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1997
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 Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded.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

A used bookstore accepts customers' used books in exchange for store credit. When a customer later redeems that credit against a purchase (paying, say, 15% cash and 85% credit), the bookstore asked whether it should charge sales tax on the total purchase price or just the cash portion.

The Comptroller confirmed the bookstore was correct to collect tax on the total charge, credit included. Texas Tax Code § 151.007(c)(5) excludes from "sales price" the value of tangible personal property a seller takes IN TRADE as consideration for a sale — but that trade-in exclusion applies only within the same transaction, not to a credit memo earned in one transaction and redeemed later in a different one. The letter's example: if a customer sells the store 20 books for $2 cash plus an $8 credit memo, later using that $8 credit memo toward a $15 book purchase is not a trade-in of the $15 book — tax is still due on the full $15.

What this means for you

Used bookstores and other buy-back/trade-credit retailers

Store credit you issue for buying used merchandise from customers is not a trade-in exclusion when later redeemed — collect sales tax on the full purchase price of whatever the customer buys with that credit, the same as if they paid cash.

Accountants and tax professionals

The trade-in exclusion under § 151.007(c)(5) is transaction-specific: it only excludes property taken in trade as part of the SAME sale, so any deferred credit/store-credit mechanism (buy-back programs, loyalty credit, etc.) needs separate analysis and generally doesn't reduce the taxable price of a later purchase.

Common questions

Q: Is a bookstore credit memo the same as a trade-in for sales tax purposes?
A: No — a trade-in reduces the taxable price only within the same transaction; a credit memo redeemed in a later, separate purchase does not.

Q: Is tax due on the credit-memo portion of a purchase, or just the cash portion?
A: Tax is due on the total purchase price, including whatever portion is paid with a credit memo.

Q: Can another bookstore rely on this exact letter?
A: No. This is a Texas STAR letter ruling binding on the Comptroller only for the taxpayer it addresses (34 Tex. Admin. Code Rules 3.1, 3.10); confirm your own facts with a tax professional.

Citations and references

Statutes:

  • Tax Code § 151.007(c)(5) (sales price excludes only same-transaction trade-in property)

Source

Original ruling text

September 22, 1997


Subject: Bookstore sales tax

Dear *****:

This is in response to your request on behalf of one of your clients who
operates a used bookstore. Customers bring in used books in return for credit.
When customers redeem the credit (purchase is paid through 15% cash and 85%
credit) are they charged sales tax for their total purchase or just the cash
portion of their purchase.

Response: Your client is correct to collect sales tax on the total charge when
a book is purchased with a credit memo as part of the consideration. Texas Tax
Code 151.007 (c)(5) provides that "sales price" or "receipts" does not include
the value of tangible personal property taken by a seller in trade as all or
part of the consideration for a sale of a taxable item. For example, if a
customer sells your client 20 books for $2 cash and an $8 credit memo, the
later use of that credit memo against the purchase of a $15 book is not
considered a trade-in. Tax would still be due on the $15.

This opinion is based on the facts presented. Other facts though similar may
provide a different result.

I hope this information answers your questions. If you need additional
information, please
call me toll-free at 1-800-531-5441, extension 3-4502. The direct line is
512/463-4502. You may also write to Tax Policy Division, Comptroller of Public
Accounts. You may also e-mail our tax help section at:
[email protected]

Sincerely,

Gilbert Zamora
Tax Policy Division

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