The Lone Star State applies sales tax to SaaS. It does, however, exempt the first 20% of some SaaS sales from this taxation. Specifically, Section 151.351 of the Texas Tax Code says, “There is exempted from the taxes imposed by this chapter 20 percent of the value of information services and data processing services.”
Talk with your accountant to see if your SaaS product could be eligible for this exemption. If so, you’ll have good news for some of your customers.
Like New York, Texas has a relatively high economic nexus threshold of $500,000. There’s no number-of-transactions threshold.
The base tax rate for the state is 6.25%, but you need to account for local taxes, too. Numeral says the average statewide rate is 8.2%. The Texas Comptroller of Public Accounts offers a handy tool that lets you look up sales tax rates by address.
You can apply for your Texas sales tax permit online. The reporting and filing requirements depend on the amount of taxes your company paid in the previous year, so check that breakdown on the Comptroller’s website.
Getting the support you need to manage sales tax obligations
When you look at the differences between states like New York and Texas, it quickly becomes clear just how wildly SaaS sales tax rules can vary. There’s a lot to untangle — and it can easily become overwhelming.
Companies that attempt to handle this solo often find themselves buried in confusion, which can lead to compliance issues. To steer clear of these pitfalls, we recommend partnering with your CPA from the start, then considering a sales tax platform when your business reaches the right stage.
Start with your CPA
Begin by scheduling time with your accountant to dive into the specific sales tax implications for your business. Make sure you come prepared with a list of every state or locality where you’re selling your SaaS products.
Your CPA will help you identify where you’ve created a nexus — the point at which you’re required to collect and remit sales tax. From there, they’ll guide you through getting properly registered, handling any uncollected or unremitted taxes, and setting up processes to keep you compliant going forward. The sooner you tackle this, the simpler and less costly it will be.
Your accountant might even have good news for you.
We recently worked with a company that sells 3D assets for video games. They had a sale to a customer in Washington state, which seemed like it might trigger sales tax. But the Washington Department of Revenue clarifies that “Services that are primarily the result of human effort performed in response to a customer request are not considered digital automated services (DAS).” Since the asset was custom-created, it didn’t fall under Washington’s taxable categories, and no sales tax was owed.
Your CPA is your first line of defense against the headaches of sales tax noncompliance. They can also highlight other important tax considerations — like if collecting sales tax in a state also means you may need to file income tax there. Starting with your accountant helps ensure you’re meeting every requirement and protecting your business.
When it’s time for a sales tax platform
A great CPA can keep you compliant when you’re selling into a handful of states. But as your business grows and your revenue — and state footprint — expands, a dedicated sales tax platform can make staying on top of things much easier. We generally suggest considering one when your revenue reaches between $1 million and $5 million.
Platforms like Numeral and Anrok, our trusted partners, offer powerful tools that simplify compliance. They can link to your billing and payroll systems to monitor where you’ve established nexuses, help with registration, calculate the right sales tax on invoices, and more — all automatically.
Sales tax platforms are excellent for automating the heavy lifting. But you should always keep a person in the loop. Make sure someone — whether it’s your CPA or a team member — reviews platform data periodically.
Also, confirm that alert emails from the platform go to an inbox someone actively checks, and that those notifications are acted on promptly. Remember, just because you have a sales tax platform doesn’t mean you can set it and forget it. Over the past five years, many states have changed their sales tax laws, especially around SaaS.
Thankfully, an experienced CPA can keep you informed about changes and ensure you remain compliant.
For help guiding your SaaS company through the complex landscape of software sales taxes, our team is here.
Schedule a call with our SaaS sales tax experts at ShayCPA today.
Disclaimer:
The content provided on this blog is for general informational purposes only and does not constitute professional accounting, tax, or legal advice. Reading or accessing this material does not create a CPA-client relationship, nor should it be construed as a substitute for individualized guidance from a qualified professional. While we strive for accuracy, Shay CPA PC makes no warranties—express or implied—about the completeness, reliability, or timeliness of the information, and we expressly disclaim liability for any errors or omissions. You should not act or refrain from acting based on any blog content without seeking the advice of a qualified CPA or other professional who can address your specific circumstances. Links to external resources are provided for convenience only and do not imply endorsement. Shay CPA PC is under no obligation to update this content and disclaims responsibility for decisions made in reliance on it.