TX 8910L0959G07 Sales and/or Use Tax (State,Local,MTA) 1989-10-02

Which services of a city contractor-assistance program were taxable: site visits, consultations, research lists, document copies, fax, delivery, calls, and workshops?

Short answer: Site visits and consultations were nontaxable; market-research and agency-match lists, vendor-parts histories, microfiche copies, and fax transmissions were taxable. Delivery and long-distance charges were taxable when connected to a taxable sale or service. Training or consultation workshops generally were nontaxable.

Apply this to your situation

This page answers the general question as of 1989. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 1989
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The Comptroller classified ten services provided by a city contractor-assistance program.

On-site consultation and advice about particular contracts were not taxable. Workshops or conferences also generally were nontaxable when they supplied training or consultation.

Market-research lists of possible job contacts, client-to-agency match lists, and vendor-parts histories were taxable. Charges for microfiche document copies and fax transmissions were taxable as well.

Transportation, overnight delivery, and long-distance-call charges were taxable when connected with a taxable item or taxable service.

Common questions

Were site visits and contract consultations taxable? No.

Were contact lists and vendor histories taxable? Yes.

Were microfiche copies and fax transmissions taxable? Yes.

Were workshops taxable? Generally no when they provided training or consultation.

Source

Original ruling text

COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, TX 78774

October 2, 1989




Dear ****:

Thank you for your letter concerning the taxability of some of the
services provided by the *****. Below is a list
of the services provided by the program with a brief description
of the service and the taxability of each:

  1. Site Visits - City personnel visit a contract site with a client to
    provide on site consultation. Not taxable.

  2. Consultations - City personnel provide advice to local contractors
    concerning particular contracts. Not taxable.

  3. Market Research - You provide a list to a local contractor of possi-
    ble contacts for jobs. Taxable.

  4. Client/Agency Match - A list is provided to local contractors of pos-
    sible agencies to contact for jobs. Taxable.

  5. USA Technical Search - You provide a manufacturer with a history on
    certain vendor's parts. Taxable.

  6. Microfiche Reader - You provide microfiche copies of documents.
    Taxable.

  7. Fax Transmissions - A charge for fax transmissions. Taxable.

  8. Overnight delivery - Transportation and delivery charges in
    connection with a sale of a taxable item or taxable service is taxable.

  9. Long Distance Calls - Charges for long distance calls in connection
    with a sale of a taxable item or taxable service are taxable.

  10. Workshops/Conferences - Generally, if you are providing training or
    consultation, then the charge for the workshop is not taxable.

This opinion is based on the facts presented. If there are additional or
different facts, the opinion may change.

If you have any questions, please contact Tax Correspondence. You may
call toll free 1-800-252-5555, or our regular number is 512/463-4600.
My extension is 3-4658.

Sincerely,
Sherry Buckley
Tax Correspondence

Get today's answer for your situation

You just read a 1989 ruling on this question. Ezel checks current Texas tax law and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.