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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I am being audited by the State Comptrollers Office in Texas.

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I am being audited by the State Comptrollers Office in Texas. I need to know it fuel
sur-charge is taxable to our customers that we are billing air conditioning service work to.
We pay a tax on the fuel when we purchase it, would this not be double dipping. If it is not
taxable I need to know where to find it on the Texas State website.

Jax Tax : Texas code 3.303(a) state fuel surcharge is not subject to tax.
Jax Tax : So the answer is no.http://aixtcp.cpa.state.tx.us/opendocs/open30/200511397l.html
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Please let me know if you need additional help.
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Customer: replied 5 years ago.
The document you found was very helpful. I have one followup question. The document states that if you are delivering a taxable item or service then the fuel surcharge is taxable. If we are doing a residential hvac service call our labor is non taxable but the parts we use if needed in the repair are taxable. Would this make the fuel surcharge taxable as well or could we connect it to the non taxable service being provided?
It would be associated with the non taxable service.
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Customer: replied 5 years ago.
Considering the auditor I have been dealing with that is returning next week, I feel she will interupt it in their favor. Is there any state document that will support the fuel surcharge being for the service that is non taxable rather than the parts used which are taxable?
That is an item you charge. You get to decide.
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