AUSTIN, TX – The Texas Sales Tax Free weekend runs Aug. 6 to Aug. 8 allowing all Texans to purchase items tax free. Here is the official information from the Texas Comptroller of Public Accounts on the tax free weekend.
The Texas Comptroller encourages all taxpayers to continue practicing social distancing and support Texas businesses while saving money on tax-free purchases of most clothing, footwear, school supplies and backpacks (sold for less than $100) during the annual Tax-Free weekend. Qualifying items can be purchased tax free from a Texas store or from an online or catalog seller doing business in Texas. In most cases, you do not need to give the seller an exemption certificate to buy qualifying items tax free.
This year’s sales tax holiday begins Friday, Aug. 6, and goes through midnight Sunday, Aug. 8.
The sales tax exemption applies only to qualifying items you buy during the sales tax holiday. Items you buy before or after the sales tax holiday do not qualify for exemption, and there is no tax refund available.
Online Purchases and Telephone Orders
During the Tax-Free Weekend, you can buy qualifying items online or by telephone, mail, custom order or any other means (including in-store purchases) tax free, when either
- the item is both delivered, and paid for, by the customer during the exemption; or
- the customer orders and pays for the item, and the seller accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period ends.
A seller accepts an order when the seller has acted to fill the order for immediate shipment.
An order is filled for immediate shipment regardless of whether the shipment is delayed due to a backlog of orders or because stock is currently unavailable to, or on back order by, the seller.
In-Store Purchases
The Comptroller’s office urges all taxpayers buying certain qualifying items at their local retailers to practice appropriate social distancing as described in the Center for Disease Control and Prevention guidelines during the sales tax holiday.
Qualifying Items
Qualifying Items
During the sales tax holiday, you can buy most footwear and clothing (sold for less than $100) tax free. You do not need to give the seller an exemption certificate.
The exemption applies to each eligible item sold for less than $100, and there is no limit to the number of qualifying items you can buy.
For example, if you buy two shirts for $80 each, each shirt qualifies for the exemption because each is less than $100, even though the total purchase price is $160.
Items That Do Not Qualify
The following items do not qualify for exemption during the sales tax holiday:
- items sold for $100 or more
- clothing subscription boxes
- specially-designed athletic activity or protective-use clothing or footwear
- For example, golf cleats and football pads are usually worn only when people play golf or football, so they do not qualify for the exemption.
- Tennis shoes, jogging suits and swimsuits, however, can be worn for other than athletic activity and qualify for the exemption.
- clothing or footwear rentals, alterations (including embroidery) and cleaning services
- items used to make or repair clothing, such as fabric, thread, yarn, buttons, snaps, hooks and zippers
- jewelry, handbags, purses, briefcases, luggage, umbrellas, wallets, watches and other accessories
- computers
- software
- textbooks
- certain baggage items (see below)
- unspecified school supplies (see below)
Cloth and disposable fabric face masks meet the definition of an article of clothing and are exempt from sales tax during the upcoming Sales Tax Holiday.
The statute specifically excludes special clothing or footwear that is primarily designed for athletic activity or protective use and that is not normally worn except when used for the activity. Industrial or medical grade masks (e.g. N95 or other masks designed as personal protective equipment) or other similar personal protection equipment are not exempt during the sales tax holiday.
If a cloth or disposable fabric face mask is sold with a filter, the mask is exempt during the holiday; however, replacement filters are taxable.
For additional information about the upcoming sales tax holiday see Rule 3.365, Sales Tax Holiday – Clothing, Shoes and School Supplies.
BackpacksDuring the sales tax holiday, student backpacks sold for less than $100 are exempt from tax.
The exemption includes backpacks with wheels and messenger bags. You can buy up to 10 backpacks tax free at one time without giving an exemption certificate to the seller.
Baggage Items That Do Not Qualify
The following items do not qualify for this exemption:
- framed backpacks
- luggage
- briefcases
- athletic, duffle or gym bags
- computer bags
- purses
Only specific school supplies sold for less than $100 qualify for the exemption, and an exemption certificate is not required.
Special Purchases
School Supplies Purchased Using a Business Account – Exemption Certificate RequiredIf you buy qualifying school supplies under a business account, you must give a properly completed Form 01-339, Texas Sales and Use Tax Exemption Certificate (PDF), to the seller.
"Under a business account" means you are:
- using a business credit card or business check and not a personal credit card or personal check;
- being billed under a business account maintained by the seller; or
- using a business membership at a membership-based retailer.
During the sales tax holiday, you can buy qualifying items tax free when you:
- make the final payment on an item already on layaway; or
- choose an item and place it on layaway
During the sales tax holiday, you can buy qualifying items tax free, even if the items have to be ordered.
For example, if you pay for an $80 shirt that must be special-ordered or is on back order, and you pick up the shirt after the sales tax holiday, then it still qualifies for the exemption.
If you buy the qualifying item after the sales tax holiday, a special order made or rain check given during the sales tax holiday does not qualify the item for exemption.
For example, if you place a special order (or receive a rain check) to buy a $50 shirt and do not pay for the shirt during the sales tax holiday, then the shirt is taxable.
Post a comment to this article here: