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MDLaw, Attorney
Category: Business Law
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Experience:  Experience in business law, contract law and related matters.
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My husband works for a software development company in Oklahoma

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My husband works for a software development company in Oklahoma City. We live in Texas. He commutes and comes home on the weekends. We tried to get the company to allow him to work from home. They were agreeable until they discovered a Texas Sales tax law that stated the company would have to charge all it's Texas customers state sales tax if my husband were to work from home and dial into there servers remotely. Although I believe Texas would want it's sales tax, I somehow doubt that he can't work part time from home or some of the time from home. The schedule is grueling on our family and I want to check here before pursuing a Dallas attorney.

Hello and thank you for using the Just Answer website. I look forward to assisting you.


Just to clarify, are you asking for an explanation of the TX sales tax law that his employer has referenced?



Customer: replied 3 years ago.

Yes and if it is indeed true, he cannot work from home at all without his employer having to charge state sales tax to ALL Texas customers; are their any exemptions, part time work hours etc.

Unfortunately, the law states that TX has the right to collect sales tax from a company that has a physical location in the state of Texas. Physical location is defined as an actual facility, office, address, employee, salesperson, etc. Therefore, if they have an actual employee working in TX - regardless of the number of hours - they would be subject to paying TX sales tax. There are no exceptions for hours worked, unfortunately. The act of simply having an employee performing work in the state would cause them to have to charge sales tax and pay it to the state of Texas.


Please let me know if this has answered your question, Deirdre, or whether you need any additional information. If this has answered your question, please leave me a positive rating as that is the only way that I receive credit for having assisted you today. We do not get any compensation from the Just Answer website. If you do need more information, please let me know and we can continue our conversation. Thank you in advance.



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