Texas 2021 - 87th Regular

Texas House Bill HB2398

Caption

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

Impact

The implementation of HB2398 modifies existing health and safety codes, specifically regarding the sale of lead-acid batteries. Effective July 1, 2022, marketplace providers must collect specific fees and include these fees distinctly on invoices to ensure clarity in transactions. This adjustment is expected to increase revenue for the state by making it easier to manage tax collection and ensuring compliance from online sellers who may previously have been outside traditional regulatory frameworks.

Summary

House Bill 2398 relates to the administration and collection of sales and use taxes as well as certain fees applicable to sales involving marketplace providers. This legislation outlines the obligations of marketplace providers, including the requirement to collect fees for specific products, such as lead-acid batteries, and remit them to the appropriate authorities. The bill aims to simplify tax collection processes and ensure compliance from both sellers and marketplace operators, helping to standardize practices across the state of Texas concerning the sales of taxable items.

Sentiment

The sentiment surrounding HB2398 is generally positive among supporters who believe that the legislation provides necessary updates to tax collection processes in alignment with the growth of e-commerce and marketplace sales. Stakeholders argue that the bill will enhance accountability for marketplace providers, which is crucial in a rapidly evolving marketplace environment. However, concerns have been voiced regarding the burden it may place on smaller businesses and the complexities that could arise from adapting to new tax obligations.

Contention

Notably, while there is broad support for the principles behind standardizing tax administration, there remains contention over the specific details and implementation of the bill. Some critics argue that the requirement for marketplace providers to collect and remit fees may lead to increased costs for consumers or create obstacles for vendors who must comply with these additional regulations. The discussions highlighted the tension between promoting economic growth through simplified tax structures and ensuring that smaller enterprises can thrive without being overburdened by compliance costs.

Companion Bills

TX SB477

Same As Relating to the administration and collection of sales and use taxes and certain fees 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.