Was researching whether property taxes were paid and issuing a certificate to a title company a taxable information service?
Apply this to your situation
This page answers the general question as of 1988. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
Title companies asked the provider to research whether taxes on a parcel were paid or due to the county, school district, water district, and city, then issue a certificate reporting the result.
The Comptroller treated the service charge as a taxable information service.
Courthouse copy and similar costs were nontaxable when the provider separately stated them on the client invoice.
What this means for you
The historical result distinguished the provider's research and certificate from separately stated governmental record costs incurred to perform the work.
Common questions
Was the research service taxable? Yes.
Were separately stated courthouse copies taxable? No.
Citations and references
The letter cites no numbered statute or rule.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=SST
- Opinion: https://star.comptroller.texas.gov/view/8801L0853A10
Original ruling text
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, TEXAS 78774
January 7, 1988
Dear ***:
Thank you for your letter concerning the service you provide.
In your letter, you stated that title companies request from you a
certificate on a particular parcel of land stating that the taxes are
paid current at all the taxing authorities (county, school district,
water district and city). You research the request and then supply
the title company with a certificate showing that taxes are paid or due.
Your charges for this service are taxable as an information service. If
you
do your research at the courthouse and separately state charges incurred
there for copies and the like on your invoice to your client, then you
would
not collect tax on those items.
This opinion is based upon the facts you presented. If there are
additional
or different facts, this opinion may change.
Please feel free to contact me if you have additional questions. You may
write me, call toll free 1-800-531-5441 or phone 512/463-4600.
Sincerely,
Wayne McDonald
Tax Policy Division
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