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Texas law applies sales tax to digital goods if the items would be taxable if delivered in physical form. Digital products, such as photographs and music are tangible personal property as defined in Section 151.009 of the Texas Tax Code.
Texas businesses are exempt from paying state sales and use tax on labor for constructing new facilities. Texas companies are exempt from paying state and local sales and use tax on electricity and natural gas used in manufacturing, processing, or fabricating tangible personal property.
Services. Texas excludes certain services from taxation. These include professional services, such as those offered by physicians, attorneys, accountants, barbers and hairdressers, interior designers, and automobile repair services.
When you provide a professional service, such as engineering or bookkeeping, and use a computer as a tool to complete that service, your charges are not taxable.
Charges for computer program repair, maintenance, or restoration by a person who sold the computer program are taxable. Computer program repair, maintenance, or restoration includes error correction, technical fixes, and technical support, whether provided over the Internet or over the phone.
Internet-related services and transactions specifies that data processing services are not subject to sales tax.
When you provide a professional service, such as engineering or bookkeeping, and use a computer as a tool to complete that service, your charges are not taxable.
Charges for computer program repair, maintenance, or restoration by a person who sold the computer program are taxable. Computer program repair, maintenance, or restoration includes error correction, technical fixes, and technical support, whether provided over the Internet or over the phone.
Texas Sales & Use Tax While the sale or licensing of software is subject to the Texas sales tax, creating a custom software program or modifying a client's existing software program is not, as long as the client has exclusive rights to the software program.