Were environmental analytical sampling and testing services taxable Texas information services?
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This page answers the general question as of 1988. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The company provided environmental analytical sampling and testing for industry, government, consulting firms, and individuals. The Comptroller classified the described work as nontaxable information under Rule 3.342(d)(1).
The letter's body does not list water, wastewater, or soil separately, so the holding should not be extended beyond the company's described environmental analytical work.
What this means for you
In 1988, Texas treated this environmental sampling and testing activity as falling within the rule's nontaxable-information category. Current laboratory and information-service classifications should be checked independently.
Common questions
Were the described services taxable? No.
Who bought the services? The company served industry, government, consulting firms, and individuals.
What authority did the Comptroller cite? Rule 3.342(d)(1).
Citations and references
- 34 Tex. Admin. Code Rule 3.342(d)(1) — historical information-service provision cited by the letter.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=SST
- Opinion: https://star.comptroller.texas.gov/view/8802L0868D04
Original ruling text
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, 78774
BOB BULLOCK
COMPTROLLER February 1, 1988
Dear **:
On behalf of Mr. Bullock, I hope you'll accept my apology for the delay
in
answering your question involving changes in the sales tax law. This
isn't
the way we normally do business.
Our people were, and still are, swamped by a deluge of inquiries as they
attempted to interpret provisions of the new law and draft rules which
would
not adversely impact businesses. In many instances, an answer to a
question
just wasn't available when the question arrived.
In your letter, you stated that your company provides environmental
analytical sampling and testing for industry, government, consulting
firms
and individuals. This is nontaxable information under Rule 3.342(d)(1).
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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