Sales/Use/Indirect:
Texas Letter Ruling Says College Testing and Assessment Services are Not Taxable Despite Data Processing Aspects
Letter No. 202404020L, Tex. Comptroller of Public Accounts (4/18/24). The Tax Policy Division of the Texas Comptroller of Public Accounts issued a letter ruling regarding the taxability of a company’s computer-based in-person testing service administered through its downloadable application software – which is installed on the test-taking device prior to the testing time – and which provides an overall assessment of a student’s readiness for college. The ruling concludes that such college assessment services are not subject to Texas sales and use tax, because they are not enumerated as taxable under applicable Texas statutes. However, the ruling notes that as the provider of a nontaxable service, the company owes sales or use tax on all taxable items, including taxable services like data processing services, used to perform the nontaxable service. Please contact us with any questions.
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