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Texas Moves to End Sales Tax on Marketplace Seller Fees

Texas Moves to End Sales Tax on Marketplace Seller Fees

Since October 1, 2025, Texas has treated the fees that online marketplaces charge sellers as a taxable "data processing service." On September 30, 2026, Texas Comptroller Don Huffines signed an executive order to reverse that. The catch: nothing changes until a formal rule amendment is adopted, so sellers who pay this tax should keep paying it for now. Here is what happened, the timeline, and what to do.

What changed in 2025

Texas has taxed data processing services since 1987. In 2025, under former Comptroller Glenn Hegar, the state amended its data processing rule (34 TAC Rule 3.330) to say that, effective October 1, 2025, "marketplace provider services may be included in taxable data processing services," according to Avalara (Oct 1, 2026). In practice, platforms began charging Texas sales tax on the fees they collect from sellers, such as commissions, listing and final value fees, and deducting it from seller payouts (Value Added Resource, Oct 10, 2026).

Critics called it a double tax: the shopper already pays sales tax on the item, and the seller then paid tax again on the marketplace's fee for the same sale.

What the new order does

  • Directs a rule change. The September 30, 2026 order instructs the Comptroller's office to amend Rule 3.330 so that fees charged to sellers for listing, offering or facilitating sales are not taxable data processing (Value Added Resource; Foley & Lardner, Oct 5, 2026).
  • Covers many platforms. Foley and Avalara list e-commerce marketplaces alongside food and grocery delivery, ride-hailing, short-term lodging, vehicle sharing, pet care and errand services. EcomCrew notes that for e-commerce sellers this includes seller fees on Amazon, eBay and Etsy.
  • Is not a full repeal. According to EcomCrew (Oct 6, 2026), computer-based data storage, web hosting and website maintenance remain taxable.
  • Comptroller's view. Huffines said: "The transaction fees charged by the marketplace providers are commissions, not data processing services."

Timeline

DateStepSource
Oct 1, 2025Marketplace fees become taxable data processing under amended Rule 3.330Avalara
Sept 30, 2026Comptroller signs executive order to amend the ruleFoley, Avalara, Value Added Resource
Oct 16, 2026 (scheduled)Proposed amendment published in the Texas RegisterValue Added Resource
Nov 15, 202630-day public comment period endsValue Added Resource
Not yet announcedFinal adoption and effective date—

The Comptroller has cautioned that the final rule may differ from the proposal. None of the sources we reviewed say whether tax already paid will be refunded or whether the change will apply retroactively.

How much money is involved

Texas's state sales tax rate is 6.25%, and local jurisdictions can add up to 2%, for a maximum combined rate of 8.25%, according to the Texas Comptroller. Avalara notes that 20% of the charge for data processing services is exempt, so the tax applies to 80% of the fee. A worked example for a seller paying $10,000 in marketplace fees on Texas-taxable activity:

ScenarioTaxable share of feesRateTax
State rate only$8,0006.25%$500
Maximum combined rate$8,0008.25%$660
If the amendment is adopted as proposed——$0 on marketplace fees

Calculation: $10,000 × 80% × rate. Actual amounts depend on how each platform calculates and itemizes the tax and on your local rate; check your fee invoices and settlement reports.

What it means for sellers (our analysis)

Who is affected. Huffines framed the tax as putting Texas sellers at a "disadvantage against out-of-state competitors who don't pay it," so sellers based in Texas are the clearest group. If you are not sure whether platforms charge you this tax, look for Texas tax lines on your fee invoices or settlement reports.

Don't stop paying early. EcomCrew warns that a seller who stops accruing the tax based only on the announcement is exposed for the gap period. Platforms that collect it will keep doing so until the rule changes.

Keep records for a possible refund. Save invoices showing the tax charged since October 2025. If a refund route opens, you will need them.

Comment if it matters to you. Once the proposal is published, anyone can submit comments during the 30-day period.

The bigger lesson: state taxes can change how much you keep from a sale, even when the marketplace collects the sales tax for you. Our new US sales tax guide for marketplace and DTC sellers explains the basics.

How Atronia Innovations can help

We run Amazon, Walmart and TikTok Shop accounts and help clients read their fee and settlement reports, so changes like this don't go unnoticed. We work alongside your tax adviser rather than replacing one. Talk to our team.

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