New tax problems for Texas Clubs

I have been treasurer of the San Antonio Prop Busters, Inc. for 9 years. Each year the State of Texas sends the corporation's registered agent, which has been the club treasurer, Franchise tax forms. Those forms are filled out and returned to maintain the incorporated status with the state.

This year there was a new form in the package titled "Texas Annual Insurance Tax Report". I had never seen it before so I read it carefully to figure out what to do with it. After some on-line research, it appeared that my club was going to owe the state some money and I had no idea how much. So I started calling for help.

A few calls to Muncie stumbled across folks not available and yielded no answers, so I called Doug Holland. He started the ball rolling to find out as his thought was that we did not need to pay the insurance premium taxes. Last week there were several calls from different folks trying to get a handle on the issue and I know the insurance broker was going to call the State to get a ruling on the status of the AMA insurance carrier as per the new form.

This morning Doug Holland called me and told me what to do. It follows:

In the middle of the form where it says "Premium Tax Calculation" the Total Texas premiums (number 1 on the form) are where you are to put the result of multiplying your number of members by $10 each. If you have 100 members the total entered will be $1,000.

Multiply line 1 result by line 2 and enter the result in line 3. That is the total your club will owe the state.

Please pass the word to any and all clubs you know of that are incorporated in the State of Texas.

Jim Branaum

AMA Leader Member 1428

Reply to
Six_O'Clock_High
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"Six_O'Clock_High" which has been the club treasurer, Franchise tax forms. Those forms are

Doug Holland just called me and said the above instructions are preliminary. He and some lawyers and others are working to see if they can save us any money.

Jim Branaum

Reply to
Six_O'Clock_High

Hi Jim,

That is good info. My club in California is not incorporated as far a I know; we are an unincorporated association, a chartered AMA club (R Comets, Ventura, California).

I was wondering if you had to incorporate in order to contract or fo some other reason? Thanks.

Mike Ledbette

-- Ledbette

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Reply to
Ledbetter

This is puzzling at best. Does the law require payment because the club sells insurance or something? It occurs to me that unless the club charges something over and above AMA dues, the insurance is provided as an ancillary membership benefit and not insurance per se, and even if it CAN be construed to be insurance sales, it is done by AMA in Indiana and not your club.

"Six_O'Clock_High" has been the club treasurer, Franchise tax forms. Those forms are filled

incorporated

Reply to
Charlie Funk

"Six_O'Clock_High" > Insurance Tax Report". I had never seen it before so I read it carefully

Sic the Doc on them!

Oh Yeah! This would be above his pay grade now wouldn't it? :)

Reply to
Chuck Jones

I am not sure how it is above Dr. H. Sanford Frank's "pay grade". Based on the several conversations I have had on this subject, it appears to be 'above the pay grade' of a great many, including the AMA insurance broker and at least one lawyer.

Mike Ledbette, We incorporated for liability reasons. Now when some club member does something, the liability is the club's rather than all the individual members and their families. Check the AMA website carefully and you will see strong recommendations that you do the same. Just be careful to have a lawyer review the articles of incorporation as those suggested by the AMA may not be legal in your state.

Charlie Funk, No, we may have to pay the tax because we are using insurance sold by a company not licensed to do business in the State of Texas. More specific and detailed questions are being asked and resolved by those lawyers the AMA and the insurance broker deals with. Sorry it is not crystal clear to me, now or at the beginning.

Reply to
Six_O'Clock_High

On Tue, 12 Apr 2005 14:32:59 GMT, "Six_O'Clock_High"

Reply to
jc

"Six_O'Clock_High" > Insurance Tax Report". I had never seen it before so I read it carefully

Just what is this tax for? Selling insurance? The club is not acting as an agent for the AMA, so there should be no tax, even if the club requires that members be insured.

Ed Cregger

Reply to
Ed Cregger

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