Thanks Jan for the message. I've talked to two tax attorneys and one stated
I didn't need to charge sales tax and the other did. I took the no sales tax
opinion, but haven't been sure. Using the contact form on the site you
linked to I just asked for confirmation.


For those interested, here's the tax rule I think is applicable:
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=308

**

**

The service I provide is customizing the Genesis theme, software sold by a
third party. I think this is also applicable to WordPress in general, but
paid software is probably more applicable than a free/open-source one.


---
Bill Erickson
WordPress Consultant
http://www.billerickson.net


On Thu, Jul 28, 2011 at 4:50 PM, Jackie Dana <[email protected]> wrote:

> Hi Jan,
>
> Based on my own research and talking to other freelancers, I
> understand that training and consulting are not taxable services, and
> that people who do modifications of existing themes/designs in
> WordPress or other CMSes are also not taxed; it is just original
> website design and programming that is taxable.
>
> Is that your (or others') understanding of this as well?
>
> --Jackie
>
> On Jul 28, 12:13 pm, Jan Triplett <[email protected]> wrote:
> > I know we usually talk about tech stuff and you've been great helping me.
> >
> > I wanted to do something helpful for you. There is  a huge increase in
> sales tax audits that I am hearing about from CPA and accounting colleagues.
> And, my clients are telling me that they are going through sales tax audits
> more and more. There have been some heavy fines.
> >
> > You might want to be careful right now because  states are looking for
> money and you might be vulnerable.
> >
> > Straight from the horse's mouth and from the Texas Comptroller's site:
> > "State Sales and Use Tax is imposed on all retail sales, leases and
> rentals of most goods, as well as taxable services."
> >
> > I am not a CPA but we always recommend businesspeople, even or especially
> service businesses, contact the state controller's office with a list of the
> services they provide and make sure they are not taxable. I have one client
> who provides products that has had trouble proving to a newbie,
> inexperienced auditor that he does not provide services. Here is a more
> infohttp://www.window.state.tx.us/taxinfo/sales/but call and talk to a
> person, too. There are times to avoid calling  themhttp://
> www.window.state.tx.us/taxinfo/call_tips.html.
> >
> > Then talk to your accountant or book keeper to make sure you are charging
> and paying sales tax where you are required. None of us can take a $60K hit
> as one small business did for not collecting and not paying the tax.
> >
> > Hope this was helpful.
> >
> > Here's to your success!
> >
> > Jan F. Triplett, PhD., CEO
> > Business Success Center
> > Sales & Financial Business Management Advisors & Strategists
> > Twitter
> > Linkedinhttp://ownersview.comhttp://runitright.biz
> > 512.933.1983
>
> --
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