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Web Tax
Many Internet-related services are subject to Texas sales tax. Here is
a list of some of the services we have addressed:
1. Charges for providing access to the Internet are taxable. Effective
October 1, 1999, the first $25 charged per month for Internet access
services is exempt from Texas sales tax.
2. Scanning information or data into the net and the creation of
"HTML" documents is a taxable data processing service (with the 20%
exemption explained below).
3. Creating graphics or logos using a drawing program for a client's
homepage is taxable as graphic arts.
4. Posting/hosting web pages on a server are taxable data processing
services (with the 20% exemption explained below).
5. Transmitting information between automated clearing houses and
merchants is a taxable telecommunications service.
6. Providing access to information (databases maintained by the seller
of the service) on the Internet is a taxable information service (with
the 20% exemption explained below).
7. Separate fees for licensing and completing applications for domain
names are not taxable.
8. Charges for continuing education classes on the Internet are not
taxable.
9. Charges for submitting website information to search engines are
not subject to tax.
10. Sales of maps over the Internet are taxed as information services
(with the 20% exemption explained below).
11. Sales of software over the Internet are subject to sales tax if
the software is downloaded to a location in Texas. No tax is due on
sales of software downloaded to a location outside of Texas. The
retailer must retain records to show the customer's out-of-state
location if the software is downloaded to a point outside of Texas.
Note: 20% of the charge for information services and data processing
services purchased on or after October 1, 1999, is exempt from sales
tax. For example, web page creation and domain hosting are treated as
data processing services and 20% of the charge is exempt from Texas
sales tax. |