I wouldn't assume that web development isn't taxable. Reference:
http://www.window.state.tx.us/taxinfo/taxpubs/tx94_127.html

Note that these are all taxable:


   - Editing client's data
   - Entering client's data
   - Internet services: creating web (home) page and providing server space
   - Formatting client's data
   - Data storage
   - Manipulating client's data


Arguably pretty much all aspects of web development and web modification are
included here. The opinions I've heard are that web development services are
taxable, and we charge sales tax unless there's a sales tax exemption or the
client is out of state.

~ Jon

On Thu, Jul 28, 2011 at 5:45 PM, Warren Cardinal <[email protected]>wrote:

> The only safe thing to do is to talk to the Texas tax office.  If you do
> anything that can be deemed "data processing", then that portion of your
> service has to be taxed. Every time you touch code or content, for example,
> you are processing data ( in the eyes of the tax board).
>
>
>
>
> On Thu, Jul 28, 2011 at 5:01 PM, Bill Erickson <[email protected]>wrote:
>
>> 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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