Tax · Texas
Texas sales tax on SaaS and fintech services
Texas taxes a list of services as well as goods, and "data processing" is on the list. That catches a lot of software sold as a service. It also contains an exclusion written for payments. This guide explains how the rules fit a fintech, plus the franchise tax every Texas entity meets.
Not tax advice. The Texas Comptroller decides how a specific service is taxed, and classification turns on facts. Statute text and Comptroller figures checked September 2026.
The basics
| Item | Rule | Source |
|---|---|---|
| State sales and use tax rate | 6.25 percent | Tax Code §151.051 |
| Local sales and use taxes | Up to 2 percent more, for a combined maximum of 8.25 percent | Texas Comptroller |
| Taxable services | A defined list, which includes data processing services and information services | Tax Code §151.0101 |
| Partial exemption | 20 percent of the value of data processing and information services is exempt, so tax applies to 80 percent | Tax Code §151.351 |
| Detailed rule | Data processing services; amended in 2025 | 34 Tex. Admin. Code §3.330 |
What counts as data processing
Section 151.0035 of the Tax Code defines data processing services to include word processing, data entry, data retrieval, data search, information compilation, payroll and business accounting data production, and other computerized data and information storage or manipulation. The Comptroller's rule describes it as the computerized entry, retrieval, search, compilation, manipulation or storage of data or information.
Software delivered as a service is commonly treated as a data processing service in Texas, taxed on 80 percent of the price, while a sale or license of software itself is generally taxed as a sale of a taxable item on the full price. Whether a particular product is one or the other depends on what the customer actually receives.
The rule also draws a line around professional services. When a provider applies outside knowledge and discretionary judgment to a customer's situation, the service is less likely to be data processing, even if computers are used to deliver it.
The payment processing exclusion
Section 151.0035(b) excludes certain payment activity from data processing. It does not include services exclusively to encrypt payment information for acceptance on a card network to meet PCI Security Standards Council standards, or the settling of an electronic payment transaction by:
- a downstream payment processor or point-of-sale payment processor that routes payment information to a financial institution or card network described in the section;
- a person engaged in money transmission that is required to be licensed under Section 152.101 of the Finance Code;
- a federally insured financial institution, as defined in the Finance Code, or its affiliate;
- a person with a sponsorship agreement with such an institution to settle its transactions through a card network; or
- a payment card network.
"Settling" is defined as authorizing, clearing, or moving the money for a payment made by credit card, debit card, gift card, stored value card, electronic check, virtual currency, loyalty currency or a similar method. It does not include charges by a marketplace provider.
The exclusion is specific. A fintech that settles payments and also sells analytics, reporting or software tools may have both excluded and taxable charges, and should consider stating them separately on invoices.
Other services a fintech may sell
| Service | How Texas treats it |
|---|---|
| Information services, such as financial data feeds and electronic data retrieval | Taxable service, 80 percent of the value taxed |
| Credit reporting services | On the taxable services list |
| Debt collection services | On the taxable services list |
| Payroll processing | Named in the definition of data processing |
| Interest, loan fees and money transmission fees | Not on the taxable services list; confirm the treatment of any bundled software or data charges |
Where the service is used
Texas taxes data processing to the extent it is used in Texas. The Comptroller's guidance says that when a customer uses a service both inside and outside the state, the part used elsewhere is not taxed, and a customer with multiple locations can give the provider a certificate showing how use is split. Keep that paperwork; without it, the provider generally bears the risk.
Getting set up, step by step
- List every charge on your price list and decide how each is classified, citing the statute or rule.
- Get a sales tax permit from the Comptroller if you sell taxable items or services in Texas.
- Configure billing to apply tax to 80 percent of data processing and information service charges, plus the correct local rate.
- Collect exemption and use certificates from customers who qualify.
- File on the schedule the Comptroller assigns, monthly or quarterly.
- Review annually, and whenever you launch a new product.
Texas franchise tax
Most Texas entities, and out-of-state entities doing business in Texas, are subject to the franchise tax. For reports due in 2026 and 2027, the Comptroller lists:
| Item | 2026 and 2027 |
|---|---|
| No-tax-due threshold | $2,650,000 in annualized total revenue |
| Rate, retail or wholesale | 0.375 percent |
| Rate, other businesses | 0.75 percent |
| EZ computation rate | 0.331 percent, for total revenue under $20 million |
| Due date | May 15 each year |
An entity at or below the threshold owes no tax, but it still files a Public Information Report or Ownership Information Report. Missing that report can cost the entity its right to do business in Texas.
Common questions
Is SaaS taxable in Texas?
Generally yes, as a data processing service, with 20 percent of the value exempt under Section 151.351. The classification of a specific product is for the Comptroller to decide.
Are payment processing fees subject to Texas sales tax?
Settling electronic payment transactions by the processors, licensed money transmitters, financial institutions and networks listed in Section 151.0035(b) is excluded from data processing. Other charges from the same company may still be taxable.
Do out-of-state SaaS companies collect Texas tax?
A remote seller with enough Texas business may have to register and collect. The Comptroller publishes the remote seller rules and threshold.
Can I get a written answer from the Comptroller?
The Comptroller issues private letter rulings on request. They apply to the facts presented.
Choosing and registering your entity is part of the compliance checklist. Regulated activity that the payment exclusion refers to is covered in Texas money transmitter licensing.
Last reviewed 2026-09-17