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Materials are still taxable. The property must have been damaged by the condition that caused the area to be declared a natural disaster.


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The contract or billing must separately state the amount charged for labor from the amount charged for the incorporated materials. You don't need to charge tax when you do a job for a governmental agency - federal, State of Texas, or Texas local government. Some nonprofit organizations also are exempt from tax but must give you an exemption certificate. Other nonprofit organizations must pay sales tax.

If an organization has a letter from the Comptroller of Public Accounts exempting it from sales tax, and the real property improvement relates to the exempt purpose of the organization, certain exemptions are available. If you have a question about a customer's exempt status, give us a call. When your contract is with an exempt organization, you may give your suppliers an exemption certificate instead of paying sales tax on:. Tax is due on all machinery and equipment and accessories, repair and replacement parts used at the job site, office supplies, furniture, and computers.

Maintenance is scheduled, periodic work on real property that is not broken. Maintenance is necessary to keep property in good working order by preventing its deterioration. Charges for maintenance of real property are not taxable. You must pay sales tax on all taxable items bought for use in providing nontaxable real property maintenance service.

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In addition, you must have a contract or other documentation to prove that the services are scheduled and periodic. The incorporated replacement or repair parts and materials are taxable. Real property maintenance may be performed under either a separated or lump-sum contract see guidelines under Collecting Tax on New Construction.

Labor that causes a production unit to make more of the same product in a unit per hour or unit per year production ratio, or labor that causes a production unit to make a new product is called increased capacity.

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The labor to increase the production capacity of a manufacturing or processing production unit in a petrochemical refinery or chemical plant is not taxable. You may perform increased capacity jobs under either a lump-sum contract one price for the entire job or under a separated contract itemized charges for incorporated materials and labor.

You should refer to administrative Rule 3. Under a separated contract, you give your suppliers resale certificates instead of paying tax on materials you incorporate into the customer's real property. You then collect state sales tax, plus any local tax, from your customer on the amount you charge for the materials. The construction labor is not taxable. When your contract is for any of the following jobs, you are acting as a contractor and your construction labor is not taxable:.

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You may perform new construction jobs under either a lump-sum contract one price for the entire job or a separated contract itemized charges for materials and labor. Under a separated contract, you give your suppliers resale certificates instead of paying tax on materials you incorporate into the customer's real property and on certain services, if the charges for the services are separately identified to the customer.

If you have a contract to add new square footage and to remodel existing footage in nonresidential realty for a single charge and the portion relating to the remodeling is more than five percent of the total charge, the total charge is presumed to be taxable. You may overcome this presumption at the time the transaction occurs by separately stating to the customer a reasonable charge for the taxable services.

However, if the charge for the taxable portion of the services is not separately stated at the time of the transaction, you or your customer may later establish for the Comptroller, through documentary evidence, the percentage of the total charge that relates to the new construction.

Examples of acceptable documentation include written contracts detailing the scope of work, bid sheets, tally sheets, schedules of values, and blueprints. In , the Texas Legislature passed House Bill , which requires state agencies to publish a list of the three most commonly used Web browsers on their websites. Government Resources Need Help? Start typing a search term. Go Button. Residential Repair and Remodeling When you repair or remodel residential property, you are a contractor. Nonresidential Repair and Remodeling When you do any of the following types of jobs on nonresidential real property, the job is taxable: rebuilding real property; upgrading any part of an existing structure; replacing any part of an existing structure, except for minor replacement of parts during maintenance of the real property, such as replacing a belt on a machine; or repairing damaged, broken, or defective parts of a structure.

Collecting Tax on Nonresidential Repair or Remodeling When you repair or remodel nonresidential real property, you should collect state sales tax plus any local tax on your total charge for the job. Using a Resale Certificate You may give your suppliers resale certificates instead of paying tax on materials that will be incorporated into the customer's real property. Accepting a Resale Certificate If you subcontract to remodel or repair a nonresidential structure, the remodeler or repair person may give you a resale certificate instead of paying tax on the job.

Other nonprofit organizations must pay sales tax. If an organization has a letter from the Comptroller of Public Accounts exempting it from sales tax, and the real property improvement relates to the exempt purpose of the organization, certain exemptions are available. If you have a question about a customer's exempt status, give us a call. When your contract is with an exempt organization, you may give your suppliers an exemption certificate instead of paying sales tax on:. Tax is due on all machinery and equipment and accessories, repair and replacement parts used at the job site, office supplies, furniture, and computers.

Maintenance is scheduled, periodic work on real property that is not broken. Maintenance is necessary to keep property in good working order by preventing its deterioration. Charges for maintenance of real property are not taxable. You must pay sales tax on all taxable items bought for use in providing nontaxable real property maintenance service. In addition, you must have a contract or other documentation to prove that the services are scheduled and periodic. The incorporated replacement or repair parts and materials are taxable. Real property maintenance may be performed under either a separated or lump-sum contract see guidelines under Collecting Tax on New Construction.

Labor that causes a production unit to make more of the same product in a unit per hour or unit per year production ratio, or labor that causes a production unit to make a new product is called increased capacity. The labor to increase the production capacity of a manufacturing or processing production unit in a petrochemical refinery or chemical plant is not taxable.

You may perform increased capacity jobs under either a lump-sum contract one price for the entire job or under a separated contract itemized charges for incorporated materials and labor. You should refer to administrative Rule 3. Under a separated contract, you give your suppliers resale certificates instead of paying tax on materials you incorporate into the customer's real property. You then collect state sales tax, plus any local tax, from your customer on the amount you charge for the materials. The construction labor is not taxable. When your contract is for any of the following jobs, you are acting as a contractor and your construction labor is not taxable:.

You may perform new construction jobs under either a lump-sum contract one price for the entire job or a separated contract itemized charges for materials and labor. Under a separated contract, you give your suppliers resale certificates instead of paying tax on materials you incorporate into the customer's real property and on certain services, if the charges for the services are separately identified to the customer. If you have a contract to add new square footage and to remodel existing footage in nonresidential realty for a single charge and the portion relating to the remodeling is more than five percent of the total charge, the total charge is presumed to be taxable.

You may overcome this presumption at the time the transaction occurs by separately stating to the customer a reasonable charge for the taxable services.


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  4. However, if the charge for the taxable portion of the services is not separately stated at the time of the transaction, you or your customer may later establish for the Comptroller, through documentary evidence, the percentage of the total charge that relates to the new construction. Examples of acceptable documentation include written contracts detailing the scope of work, bid sheets, tally sheets, schedules of values, and blueprints.

    In , the Texas Legislature passed House Bill , which requires state agencies to publish a list of the three most commonly used Web browsers on their websites.

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    Government Resources Need Help? Start typing a search term. Go Button. Residential Repair and Remodeling When you repair or remodel residential property, you are a contractor. Nonresidential Repair and Remodeling When you do any of the following types of jobs on nonresidential real property, the job is taxable: rebuilding real property; upgrading any part of an existing structure; replacing any part of an existing structure, except for minor replacement of parts during maintenance of the real property, such as replacing a belt on a machine; or repairing damaged, broken, or defective parts of a structure.

    Collecting Tax on Nonresidential Repair or Remodeling When you repair or remodel nonresidential real property, you should collect state sales tax plus any local tax on your total charge for the job. Using a Resale Certificate You may give your suppliers resale certificates instead of paying tax on materials that will be incorporated into the customer's real property. Accepting a Resale Certificate If you subcontract to remodel or repair a nonresidential structure, the remodeler or repair person may give you a resale certificate instead of paying tax on the job.