If you call the state comptrollers office, they will clarify everything for
you.

All 1099, independent contract work as a sole proprietor. Graphic design,
web design, etc. - You need  to charge state tax for, Its a taxable service.

However, Unless you are working under a W2, or as a 3rd party contractor,
You do not have to charge state sales tax: example: if you are working for a
large media firm who has a client, and they sub contract work out to you.
Since they are ultimately billing the client, you do not need to charge
sales tax. That would be double taxing. Think of it this way, whoever is
finally selling the service/product to the client has to charge the state
tax. If you are selling your services directly to a client then you charge
$8.25% sales tax. 

Also, if you are a broker for print materials, like for business cards for
example, and you have it printed out of state for a client and the client
pays you for it here in Texas, you need to charge sales tax for the amount
of that products you sell.

You need to file quarterly or yearly depending on your total sales. The
State will determine that for you.


---------------------------------


www.DeanNixonDesign.com

Phone: 512.771.7658

Fax: 1.952.516.0404



From: David Brockman <[email protected]>
Reply-To: <[email protected]>
Date: Tue, 4 Jan 2011 13:31:53 -0600
To: <[email protected]>
Subject: Re: [Refresh Austin: 5684] 1099 Independent contractor pays sales
tax?

I would definitely check with a tax advisor on this. I don't know the
current tax law but many years ago I worked on a small project for a client
and that client got audited a couple of years after the project was done.
The state of California then audited me because they saw I hadn't charged
sales tax for the trade show signs I designed. The problem was that the
client had me design the signs, get them printed, pick them up and deliver
them to the trade show. The state considered the sign and the work I'd done
in producing it to all be taxable (yes, sales tax) because it was a physical
item that I'd physically delivered (as opposed to entirely digital
delivery).

Tax law can be bizarre and confusing so definitely double-check with an
accountant or other tax professional.

~ Dave

On Tue, Jan 4, 2011 at 12:57 PM, Michael Hayes <[email protected]> wrote:
> I am set up as a sole-proprietorship in the state and file my sales tax
> quarterly. If I am working for another company and paid hourly as 1099
> independent contractor (iphone/ios app programming) do I have to file sales
> tax for that income?  Just wondering if anyone knows. I plan to check with an
> accountant.
> 
> -- 
> Michael Hayes
> http://mhayesdesign.com
> 512-300-7142
> 
> -- 
> Our Web site: http://www.RefreshAustin.org/
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