Note: Because of the complications of Texas taxes, this article is broken down into several manageable posts. The first two, of which, specifically cover a summary of rules for Texas taxes.
Internet Access Service
- Internet access services (including enhancements such as static ip addresses, email and instant messaging) are taxable. (Texas Tax Code - Section 151.0101(a)(16))
- Up to $25 for internet access per month are tax exempt. (Texas Tax Code - Section 151.325)
- Web development and information services (including web page design and web hosting) are taxable. (Texas Tax Code - Section 151.0101(a)(12))
- Twenty percent (20%) of the value of data processing and information services are tax exempt. (Texas Tax Code - Section 151.351)
- Taxes for these services went into effect on October 1, 1999. (Document 9906479L)
- Late fees are not taxable, but reinstatement (reactivation) fees are taxable (Document 200001959L)
- The $25 exemption applies per purchaser not per account. So, if the purchaser has multiple accounts, up to $25 is exempt for all the accounts combined. (Texas Tax Code - Section 151.325(c))
- A seller who uses catalogs or the Internet to sell goods is treated the same as any other seller of taxable items. If you purchase merchandise through a catalog or the Internet from a seller located in Texas, you owe Texas sales tax on the purchase. If you purchase merchandise through a catalog or the Internet from a seller located outside of Texas and use the taxable item in Texas, then you owe Texas use tax on the purchase. An out-of-state mail-order company or an Internet company may hold a Texas Sales and Use tax permit and collect Texas tax. If the out-of-state seller does not have a Texas permit or does not collect Texas use tax, the use tax is due and payable by the purchaser. (Texas Sales Tax FAQ)
- Internet access taxes for Texas are grandfathered under Internet Tax Freedom Act and are considered exempt from that act.
- The state tax rate is 6.25%. (Window on State Government - Texas Taxes - Sales and Use Tax)
- The city tax rate cannot exceed 2%. (Window on State Government - Texas Taxes - Sales and Use Tax)
- The county tax rate cannot exceed 1.5%. (Window on State Government - Texas Taxes - Sales and Use Tax)
- The combined tax rate cannot exceed 8.25%, where 6.25% is state taxes and the remaining 2% is comprised of local sales or use taxes in the form of city, county, transit and special district taxes. (Window on State Government - Texas Taxes - Sales and Use Tax)
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