Proposed 👀 Watch Update

Texas Comptroller orders proposed rule saying marketplace platform fees are not taxable data processing services

This change is proposed and is not law. The rules below describe what would change if it is adopted.

This page records one dated change. For the rules in United States — Texas as they stand today, see the United States — Texas guide →

Jurisdiction
United States — Texas
Tax
Sales and use tax
Change type
Update
Status
Proposed
Impact
Watch
Announced
30 September 2026
Authority
Texas Comptroller of Public Accounts
Systems
Tax engine, E-commerce
Verified
Fetched from official source · high confidence
Who this affects

Marketplace and platform providers charging platform sellers listing, commission or facilitation fees in Texas, and the sellers who pay them.

What to do

Track Texas Register publication and adoption of the section 3.330 amendments; marketplace-fee treatment is unchanged until the rule is adopted.

Tax engineE-commerce

The change

On 30 September 2026 Texas Comptroller Don Huffines signed Executive Order DH-2026-01 directing publication in the Texas Register of proposed amendments to 34 Tex. Admin. Code section 3.330 (Data Processing Services): subsection (b)(5) is deleted and a new subsection (j) provides that fees, commissions and other charges imposed by a platform provider on a platform seller for listing, offering or facilitating sales are not a taxable data processing service or information service. This reverses the 2025 reading that treated marketplace-provider fees as taxable data processing services. The amendments take legal effect only upon completion of the rulemaking process, including the public comment period.

What changed in detail

This is a proposal, not a rule in force. On 30 September 2026 Texas Comptroller Don Huffines signed Executive Order DH-2026-01, directing publication in the Texas Register of proposed amendments to 34 Tex. Admin. Code section 3.330 (Data Processing Services).

Subsection (b)(5) would be deleted and a new subsection (j) added. It provides that fees, commissions and other charges imposed by a platform provider on a platform seller for listing, offering or facilitating sales are not a taxable data processing service or information service. This reverses the 2025 reading that treated marketplace-provider fees as taxable data processing services.

The order states that the amendments take legal effect only upon completion of the rulemaking process required by law, including the public comment period.

What it means

Nothing changes for tax collection yet. Until the rulemaking is complete, the existing rule text remains the position that applies, so platforms should not stop charging or remitting tax on these fees on the strength of the order.

The proposal matters because it would settle whether platform fees are taxable. Businesses with exposure on past periods should note that the order ties the amendments’ legal effect to completion of rulemaking, and the record does not say how earlier periods would be treated.

Watch the Texas Register publication and the comment period dates.

Proof

the amendments to § 3.330 shall take legal effect only upon completion of the rulemaking process required by law
Executive Order DH-2026-01 (30 Sep 2026) — Texas Comptroller of Public Accounts · captured 12 October 2026
Screenshot of Texas Comptroller of Public Accounts captured 12 October 2026, showing the quoted passage Source snapshot of the official page. Open full size ↗

Sources

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