Texas 2019 - 86th Regular

Texas House Bill HB1525

Caption

Relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.

Impact

The implementation of HB 1525 is projected to have a significant impact on the way sales tax is collected in Texas, particularly in the growing e-commerce sector. By mandating that marketplace providers assume the role of sellers for tax purposes, the bill aims to close loopholes that have previously allowed some online retailers to evade tax liabilities. This may lead to increased compliance and more standardized tax practices across different sales channels. Additionally, the law differentiates the responsibilities of sellers and providers, which should streamline the tax reporting process for both parties.

Summary

House Bill 1525 addresses the administration and collection of sales and use taxes associated with sales made through marketplace providers. This legislation aims to clarify the tax responsibilities of both marketplace providers and sellers, ensuring that sales taxes are effectively collected on transactions conducted via online platforms or physical marketplaces. By defining 'marketplace sellers' and 'marketplace providers', the bill establishes a framework that holds marketplace providers accountable for tax duties on transactions they facilitate. This measure is expected to simplify compliance processes and enhance revenue collection for the state.

Sentiment

The sentiment surrounding HB 1525 appears largely supportive among legislators, with substantial backing from both the House and Senate. As seen in the voting history, the bill passed with overwhelming approval—145 to 1 in the House and unanimously in the Senate. Proponents view the legislation as a necessary step towards modernizing tax collection in response to the surge in online shopping. However, there may be concerns from certain marketplace sellers regarding the additional regulatory burden imposed by this legislation, which some argue could affect their business operations.

Contention

Noteworthy points of contention emerging from discussions around HB 1525 center on the liability shared between marketplace providers and sellers. While the bill aims to simplify tax administration, some speakers have raised issues regarding the potential for increased liability and compliance costs for small businesses operating through these marketplaces. Furthermore, opposition could arise from concerns over how such regulations may disproportionately affect smaller sellers compared to larger, established marketplace providers who may easily absorb the additional tax compliance responsibilities.

Companion Bills

TX SB890

Same As Relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.

Similar Bills

CA AB1790

Marketplaces: marketplace sellers.

CA AB1402

Marketplace facilitator: fee collection.

MI HB5745

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0930

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5746

Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).

CA SB301

Marketplaces: online marketplaces.

CA SB1312

Marketplace facilitators: passenger vehicle rental companies.