Was a map-based flood-zone certification service for mortgage lenders taxable when it involved no on-site survey and was insufficient to rate flood insurance?
Apply this to your situation
This page answers the general question as of 1991. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
A company used federal flood-zone maps to certify a property's flood-zone status for mortgage lenders and guaranteed its professional opinion. It did not conduct on-site work, and its certificate was not sufficient to rate a flood-insurance policy, which required a separate elevation study.
The Comptroller concluded that the described work was neither a surveying service nor an insurance service. The company therefore did not collect tax on its fee.
The provider remained responsible for tax on materials used to perform the service, including certificates and other printed materials delivered to customers.
What this means for you
The letter distinguished a professional map review from an on-site survey and from insurance. It also treated the nontaxable service provider as the consumer of its printed deliverables.
Common questions
Was the flood-zone certification taxable? No.
Why was it not surveying? The company performed no on-site service.
Why was it not insurance? The certificate was not connected to insurance and could not rate a flood policy.
Did the company owe tax on certificates and printed materials? Yes.
Citations and references
The letter did not identify a numbered statute or administrative 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/9108L1129B04
Original ruling text
August 29, 1991
Dear **:
Thank you for your recent letter, and the additional
information you have provided in our telephone
conversations. As I understand it, your company provides
the specialized service of certifying the "flood zone
status" of real property by consulting flood zone maps of
the United States. Your customers are generally lenders
(mortgage companies, etc.), who are required by federal law
to determine whether or not properties on which they lend
money are in flood-hazard areas. You issue to each customer
a certificate guaranteeing your professional opinion
regarding a property's flood zone status.
According to the given facts, you do not engage in any on-
site services that would fit the definition of a "surveying
service". Further, your services do not fall within the
broad definition of "insurance services". Your services are
necessary for compliance with laws and regulations governing
the mortgage industry, but are not connected to insurance.
In fact, you indicate that your certification is not
sufficient to rate a flood insurance policy, which requires
an on-site "elevation study" that is beyond the scope of the
services you provide.
Therefore, you are not required to collect tax on the
described service. You are responsible for paying tax on
the materials you use to perform this service, including
certificates and other printed materials you convey to your
customers.
This opinion is based on the facts presented. Different
facts, though similar, might lead to different answers. If
you have further questions, feel free to write or call me at
1-800-252-5555, ext. 3-3889. The local number is 463-3889.
Sincerely,
John Christian
Attorney
Tax Administration
Get today's answer for your situation
You just read a 1991 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.