The Logical Guide to Texas Sales Tax for Contractors

Stop guessing on lump-sum vs. separated contracts. This is your one-stop resource with a quiz, a foundational guide, a visual reference map, and curated links to official resources.

Looking for the quick resources?

Our downloadable Visual Map (Cheat Sheet) and a link to ask Justin, our AI sales tax assistant, are waiting for you below the quiz and just after the article.

Take the Quiz for YOU Rules!

Think you’ve got a handle on it? These rules can be tricky. Take this quick quiz to learn your rules, or verify the rules you already know.

Texas Contractor Tax Logic Quiz

The Texas Contractor Tax Logic Quiz

This quiz walks you through the Four Questions That Guide Everything to give you your specific tax rules, step-by-step.

Your Step-by-Step Guide to the Basics

This guide is designed to walk you through the fundamentals of Texas sales tax for contractors. We’ll cover the core questions that determine every outcome, point out common “gotchas,” and provide links to more in-depth official resources along the way if you want to dig deeper on a specific topic.

🏗 A Quick Guide to Texas Sales Tax for Contractors

Texas sales tax rules for contractors can feel like they were written by Pinky and the Brain at the end of another failed episode. Overly complex. Full of tiny details. Designed to take over your day… and leave you wondering what went wrong.

But here’s the good news: this isn’t a problem unique to you. Construction is complicated. So complicated, in fact, that the Texas Comptroller’s office built an entire YouTube playlist just for contractors. (Not exactly the “special” you were hoping for—but helpful.)

👉 Consider this article your map and quick reference guide for navigating Texas contractor sales tax.

🤔 Four Questions That Set the Rules

For any construction project in Texas, your sales tax responsibility depends on four simple (but critical) questions:

  1. What’s the Property Type? → Residential or commercial?
  2. What’s the Work Type? → New construction or repair/remodel?
  3. What’s the Contract Type? → Lump-sum or separated contract?
  4. Who’s the Customer? → A standard taxable client or a qualifying exempt organization?.

Keep these four answers in mind—because they drive every other rule.

🧾 The Core Scenarios: Your Sales Tax Cheat Sheet

Quick rules to remember:

  • Labor Rule: Labor is not taxed—except for commercial repair/remodel jobs, where the whole bill (labor + materials) is taxable.
  • Constant Rule:
    • Equipment & machinery: Always taxable to the contractor.
    • Consumables: Taxable on non-exempt jobs; exempt if working for qualifying exempt customers.

Here’s how the main project types play out:

 

If Your Project Is…

Lump-Sum Contract

Separated Contract

New Residential Construction

Pay sales tax on materials to your supplier. Don’t charge the customer.

Collect sales tax from the customer on materials. Give your supplier a resale certificate.

Residential Repair/Remodel

Same as above: pay tax to supplier, no tax to customer.

Collect tax from customer on materials, resale cert to supplier.

New Commercial Construction

Same again: you pay supplier, customer not charged.

Collect tax from customer on materials, resale cert to supplier.

Commercial Repair/Remodel

Collect tax from customer on the entire bill (labor + materials). Resale cert to supplier.

Same: full tax collected on total bill, resale cert to supplier.

✅ Big Exception for New Residential

Some services that are normally taxable are not taxed when part of a new residential build.

Think: 🌱 landscaping, 🐜 pest control, 🗑 waste removal, 🧹 janitorial, 📏 surveying.

👉 Use an exemption certificate with your service provider.
⚠️ Applies only to new residential construction, not commercial or remodels.

💡 If you’ve already been paying sales tax on these for new builds, you may be able to claim it back on your next return (look-back period up to 4 years).

⚠️ Special Cases & “Gotchas”

Exempt Customers (Schools, Cities, Non-Profits)

Working for exempt organizations flips the rules.

✅ You collect an exemption certificate from them.
✅ That allows you to give your suppliers exemption certificates for:

  • Materials
  • Consumables used up on the job
  • Certain required taxable services

🚫 But here’s the tripwire: Machinery and equipment are not covered. If you buy or rent them for the job, you still pay sales tax.

📅 Don’t Forget the Deadlines (and Discounts)

Knowing the rules is half the battle. Filing on time is the other.

  • Due Dates: Reports usually due on the 20th of the month after the reporting period ends.
  • Penalties: $50 late-report penalty. Plus:
    • 5% if paid 1–30 days late
    • 10% if paid after 30 days
  • Discounts: File and pay on time → 0.5% discount of the tax due. Prepay? You can snag that 0.5% plus another 1.25%.

Think of it this way: the state is paying you a small “thank you” for doing their collecting.

🛠 How This Ties Back to Your Books

Getting sales tax right isn’t just about memorizing rules—it’s about how your QuickBooks file is set up.

Each product, service, and customer needs to be marked correctly as taxable or not. When your system is set up right, the sales tax often calculates itself.

But if your file isn’t structured properly? That’s when “gotchas” turn into penalties, stress, and sleepless nights.

Still Have a Specific Question?

Your Visual Reference Map

Once you've read the guide, use this one-page visual map to keep the core rules top-of-mind. It's the perfect companion to the full article—translating the key scenarios into a simple, emoji-based format that's easy to reference on the go.

Ask Justin, my custom AI assistant for Texas construction sales tax.

He has been trained exclusively on a comprehensive library of official Comptroller documents, tax code, and administrative rulings. Justin is a powerful informational helper, not a lawyer or CPA, and cannot provide legal advice. His purpose is to make complex information easier to find. For total transparency, you can ask him for his sources at any time, and he'll show you exactly where he got the information.

🚀 Ready for Reliable Numbers?

If reading this makes you wonder whether your setup is tangled, you’re not alone. Most contractors don’t get this right without help—and it’s not their fault.

That’s why I offer the Fit Call + File Peek™.

It’s not a sales pitch. It’s a second set of eyes.

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