Foo - Charge sales tax on IT Consulting invoice?

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ravenmore
01-28-09, 02:37 PM
Hey all,

About to submit an invoice for my first couple of weeks as an IT consultant. I don't think I'm supposed to charge sales tax but wanted to get your thoughts (I know I know - I'm looking for an accountant still...)


ModoVincere
01-28-09, 02:41 PM
Hey all,

About to submit an invoice for my first couple of weeks as an IT consultant. I don't think I'm supposed to charge sales tax but wanted to get your thoughts (I know I know - I'm looking for an accountant still...)

Not familiar with Texas, but in GA, services are usually not taxed under sales tax. You should check with someone who knows Texas law on this one.

austropithicus
01-28-09, 02:45 PM
Hey all,

About to submit an invoice for my first couple of weeks as an IT consultant. I don't think I'm supposed to charge sales tax but wanted to get your thoughts (I know I know - I'm looking for an accountant still...)

I don't and haven't for nine years that I've been doing this, all on the advice of my Iowa CPA.


JoelS
01-28-09, 02:57 PM
Services don't generally come with sales tax. I say no.

thomson
01-28-09, 02:58 PM
http://www.window.state.tx.us/taxinfo/taxpubs/tx96_259.html

Apparently in Texas you do

kingofchimps
01-28-09, 03:10 PM
http://www.window.state.tx.us/taxinfo/taxpubs/tx96_259.html

Apparently in Texas you do

that's f'd up mang.

I've consulted for 15 yrs. and never taxed me labor. I tax goods. My service is not a good. But it is good. And good for me.

oh yes, land of the free alright....:rolleyes:

ehidle
01-28-09, 03:30 PM
Be sure you work out whether you are a contract employee (1099) or a service provider. If you plan to invoice them like you are your own company, you should have a business license and a state authority to collect sales tax. I'm not 100% sure about TX, but generally this is how it is set up.

You're probably better off being a contract employee and just getting a 1099 at the end of the year. Don't forget to file your quarterly withholding statements...

ravenmore
01-28-09, 03:53 PM
Yes, we're going the 1099 route.

jsharr
01-28-09, 03:54 PM
I know that in the boating industry, we charged tax on parts and labor in Texas.

coasting
01-28-09, 03:56 PM
I would assume the principle of sales taxes is similar to VAT in Europe. For VAT you can't charge it if you are not registered with the relevant tax authority and more importantly you cannot reclaim the tax charged on you by your suppliers. If you invoice above a threshhold of taxable goods/services you have to register and charge and pay it over to tax authority. They might audit you to make sure you are charging correctly and paying over the full amount.

thomson
01-28-09, 03:57 PM
that's f'd up mang.

I've consulted for 15 yrs. and never taxed me labor. I tax goods. My service is not a good. But it is good. And good for me.

oh yes, land of the free alright....:rolleyes:

I am from California as well and I agree, it seems odd (only because we aren't used to it).

However, I am well aware that states have different laws and would never assume what makes sense to me applies to all states. When it comes to taxes, all states need money and they get it from different sources. Texas does not have state income tax. THAT would be nice!!

ehidle
01-28-09, 03:58 PM
Yes, we're going the 1099 route.

Then you are an employee and no sales tax is involved, afaik...

edit: check with a local expert, because I could be wrong.. I'm not from TX...

C Law
01-28-09, 04:08 PM
^ If he/she is issued a 1099, it has more to do with his business structure than anything (incorporated vs. not inc, llc, llp etc). It would have no impact on the taxable status of his service.

Speak to a local expert, or call the Texas Department of Finance

I am a NY CPA and can tell you from my experience there is nothing wackier in the tax code of this country than the State by State differences of what is taxable and what isn't. services, goods, etc. there is no rhyme or reason to it.

kingofchimps
01-28-09, 04:12 PM
I am from California as well and I agree, it seems odd (only because we aren't used to it).

However, I am well aware that states have different laws and would never assume what makes sense to me applies to all states. When it comes to taxes, all states need money and they get it from different sources. Texas does not have state income tax. THAT would be nice!!

ahhhh... no income tax - well there you go. they then tax the crap out of everything else!:D

root11
01-28-09, 04:38 PM
what exactly do you do for them? http://www.window.state.tx.us/taxinfo/taxpubs/tx94_127.html

ModoVincere
01-28-09, 05:43 PM
^ If he/she is issued a 1099, it has more to do with his business structure than anything (incorporated vs. not inc, llc, llp etc). It would have no impact on the taxable status of his service.

Speak to a local expert, or call the Texas Department of Finance

I am a NY CPA and can tell you from my experience there is nothing wackier in the tax code of this country than the State by State differences of what is taxable and what isn't. services, goods, etc. there is no rhyme or reason to it.

yep...I'm a GA CPA and refuse to try to answer tax questions due to the differences between the states.

deraltekluge
01-28-09, 06:06 PM
Be sure you work out whether you are a contract employee (1099) or a service provider. If you plan to invoice them like you are your own company, you should have a business license and a state authority to collect sales tax. I'm not 100% sure about TX, but generally this is how it is set up.

You're probably better off being a contract employee and just getting a 1099 at the end of the year. Don't forget to file your quarterly withholding statements...And don't be like our new Treasury Secretary, and neglect to pay the full amount of the FICA tax.

deraltekluge
01-28-09, 06:11 PM
ahhhh... no income tax - well there you go. they then tax the crap out of everything else!:DOf course, California does have an income tax, and they still tax the crap out of everything else. When I lived there, many years ago, they were trying to figure out how to go about charging property tax on the value of programs stored on computers. They gave it up at the time...too hard to figure out what to charge...but I don't know what they've done since.

chipcom
01-28-09, 06:21 PM
I believe Texas is like NM and the tax is more of a gross receipts tax than a sales tax, so yes you need to collect, report and pay the tax. But of course check with your state finance dept rather than take advice from some schlep like me on the intrawebs.

MrCrassic
01-28-09, 06:42 PM
I wouldn't.