Navigating the Texas Mixed Beverage Tax Bonds: A Comprehensive Guide

Navigating the Texas Mixed Beverage Tax Bonds: A Comprehensive Guide

Operating a business that serves mixed beverages in Texas comes with specific responsibilities, one of which is ensuring compliance with the state's tax regulations. A crucial part of this compliance involves securing two distinct surety bonds: one for the mixed beverage gross receipts tax and another for the mixed beverage sales tax. This article will break down everything you need to know about these essential bonds. 

What are Texas Mixed Beverage Sales Tax and Gross Receipts Tax Bonds?

Texas law mandates that businesses selling mixed beverages obtain two separate surety bonds: 

  • Mixed Beverage Gross Receipts Tax Bond: This bond guarantees the payment of the 6.7 percent gross receipts tax levied on the sale of mixed beverages. Think of "gross receipts" as the total revenue from these sales before any deductions. This bond ensures the state receives its due taxes on these gross receipts. 
  • Mixed Beverage Sales Tax Bond: This bond covers the 8.25 percent sales tax collected from customers on mixed beverage sales. This tax is collected by the business and then remitted to the state. The bond guarantees that these collected taxes will be properly paid to the Texas Comptroller of Public Accounts. 

Essentially, these bonds act as a financial guarantee to the state that your business will fulfill its tax obligations related to mixed beverage sales. They assure the state that even if your business faces financial difficulties, the tax revenue will still be paid. To understand the broader concept of surety bonds, you can read our article on what is a surety bond?

Why are These Bonds Needed? (The Legal Framework)

These bonds are required by Chapters 151 and 183 of the Texas Tax Code. These chapters outline the regulations governing the sale and taxation of mixed beverages in Texas. The requirement for these bonds is in place to protect the state's revenue. By requiring these financial guarantees, Texas minimizes the risk of lost tax revenue due to business closures, bankruptcies, or non-compliance. The bonds provide a safety net, ensuring the state receives the taxes owed, which are crucial for funding public services. 

How Do I Get a Texas Mixed Beverage Sales Tax or Gross Receipts Tax Bond?

Obtaining these bonds involves working with a surety bond company, like Surety Now. The process typically involves the following steps:

  • Application: You'll complete an application providing information about your business, its financial history, and the required bond amounts.
  • Underwriting: The surety company will review your application, assessing your financial stability and risk level. This process helps them determine the appropriate premium for the bond. 
  • Bond Issuance: Once approved, the surety company will issue the bond, which you will then file with the Texas Comptroller of Public Accounts.

What Information Do I Need to Provide?

When applying for these bonds, you'll likely need to provide the following information:

  • Business Information: This includes your business name, address, contact information, and business type (e.g., corporation, LLC).
  • Permit Information: You will need to provide your Texas Alcoholic Beverage Commission (TABC) permit number.
  • Financial Information: The surety company may request financial statements or other documentation to assess your financial health.
  • Bond Amount: You'll need to know the required bond amounts, which are determined by the Texas Comptroller of Public Accounts based on your estimated tax liability. 

Example Scenario

Let's say "The Bluebonnet Bar" is a new establishment opening in Austin, Texas. They plan to sell mixed beverages. Before they can legally operate, they must obtain the necessary permits and secure the required surety bonds. They would contact a surety bond company, provide the necessary information, and obtain two separate bonds: one for the gross receipts tax and one for the sales tax. These bonds ensure that if The Bluebonnet Bar fails to pay its taxes, the state can recover the funds from the surety company, up to the bond amount. 

How to Calculate the Premium

The premium you pay for the bond is a percentage of the total bond amount. This percentage is determined by the surety company based on several factors, including your business's financial stability, credit history, and the overall risk assessment. It's similar to how insurance premiums are calculated. For more information on surety bond costs, you can check out our article on surety bond cost

What are the Penalties for Operating Without These Bonds?

Operating a business that sells mixed beverages without the required bonds can result in severe penalties. These penalties can include: 

  • Fines: Significant financial penalties can be imposed for non-compliance. 
  • Suspension or Revocation of Permits: The TABC can suspend or even revoke your permit to sell alcohol, effectively shutting down your business. 
  • Legal Action: The state may take legal action to recover unpaid taxes and enforce compliance.

These penalties are designed to ensure compliance with Texas tax laws and protect the state's revenue. Operating without the required bonds is a serious offense that can have significant consequences for your business.

Additional Considerations

  • Bond Renewal: These bonds typically need to be renewed periodically. It's crucial to keep track of your renewal dates to avoid any lapses in coverage. 
  • Changes in Business Operations: If your business operations change significantly (e.g., increased sales volume), you may need to adjust your bond amounts.
  • Working with a Reputable Surety Company: Choosing a reputable and experienced surety bond company is essential. They can guide you through the process and ensure you have the proper coverage.

Frequently Asked Questions (FAQ)

Q: How much do these bonds cost?

A: The cost of the bond (the premium) depends on several factors, including the bond amount required by the state and your business's financial standing. Contact a surety bond company for a quote.

Q: Where do I file these bonds?

A: You will file the bonds with the Texas Comptroller of Public Accounts.

Q: Can I use one bond for both taxes?

A: No, Texas requires two separate bonds: one for the gross receipts tax and one for the sales tax. 

Q: What happens if I don't pay my taxes?

A: If you fail to pay your taxes, the state can make a claim against the surety bond to recover the owed funds, up to the bond amount. 

Q: How do I know how much bond coverage I need?

A: The Texas Comptroller of Public Accounts determines the required bond amounts based on your estimated tax liability. 

Sources:

Table of Contents

Get a bond in minutes
Call 1 (888) 236-8589 to talk to one of our surety experts today.
Quote
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.