Texas 2025 - 89th Regular

Texas House Bill HB1681

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the applicability of sales and use taxes to certain services provided by a marketplace provider.

Impact

If enacted, HB1681 would primarily influence the sales and use tax framework in Texas by modifying existing provisions that govern how tax applies to services provided by marketplace platforms. The law is designed to provide specific exemptions for certain transactions, thus potentially reducing the tax burden on marketplace providers. It emphasizes electronic payment services, which have become increasingly prominent in the digital economy. This amendment would take effect on October 1, 2025, which allows businesses time to adjust to the new requirements.

Summary

House Bill 1681 seeks to clarify the applicability of sales and use taxes concerning certain services provided by marketplace providers. Specifically, it amends the Texas Tax Code to redefine what constitutes a 'data processing service'. This redefinition aims to explicitly exclude certain activities, including those related to medical dictation transcription and the processing of electronic payment transactions by various types of payment processors. The bill's intent is to create clearer guidelines on the tax liabilities associated with these services, ensuring that businesses and service providers understand their obligations.

Contention

Debate surrounding HB1681 might arise from the implications it has for local taxation powers and the clarity it provides for service providers. Proponents may argue that the bill simplifies tax regulations, thereby supporting economic growth and innovation within the marketplace sector. However, critics might express concerns that overly specific definitions may complicate compliance or detract from local jurisdictions' abilities to implement their tax policies. The potential impact of such legislation on overall tax revenues could also be a point of contention among lawmakers and stakeholders.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 151. Limited Sales, Excise, And Use Tax
    • Section: 0035

Companion Bills

TX SB265

Identical Relating to the applicability of sales and use taxes to certain services provided by a marketplace provider.

Previously Filed As

TX HB5070

Relating to the exclusion of services provided by a marketplace provider from the definition of data processing services.

TX SB2280

Relating to the exclusion of services provided by a marketplace provider from the definition of data processing services.

TX HB1216

Relating to the definition of marketplace seller for purposes of sales and use taxes.

TX SB1053

Relating to the definition of marketplace seller for purposes of sales and use taxes.

TX HB4643

Relating to regulation of online global marketplaces.

TX SB1461

Relating to regulation of online global marketplaces.

TX HB5089

Relating to the location at which certain sales are consummated for purposes of local sales and use taxes.

TX HB4602

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX HB3209

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX HB432

Relating to the location where certain sales are consummated for purposes of local sales and use taxes.

Similar Bills

No similar bills found.