Medicaid is a comprehensive, free health insurance program (offered through a partnership between states and the Federal government) for people when they have limited income. Eligibility for Medicaid is based on your current income (vs eligibility for marketplace subsidies, which is based on your estimated total annual income for 2024). Medicaid programs vary from state to state, but most health care services are covered at little or no cost and no premium is charged. If you are eligible for Medicaid, then you would not be eligible for subsidies in the Marketplace and would instead need to sign up for Medicaid.
Depending on its activities, one business can be a marketplace facilitator, a marketplace seller, a remote seller, or any combination of the three. There are different tax responsibilities depending on which definition a business fits.
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The Department of Revenue is currently developing a rule for Marketplace Fairness. For the latest developments, including any public rule hearings, check the rulemaking agenda for marketplace fairness collecting and reporting.
A marketplace is a physical or electronic store, internet website, software application, or catalog that marketplace sellers use to make sales. A marketplace provider is an entity that owns or operates a marketplace and processes sales or payments for marketplace sellers. Examples include Amazon, eBay, Walmart Marketplace, and Etsy. A marketplace seller is an individual who sells through a marketplace provider.
Marketplace providers engaged in business in Texas must collect, report and remit state and local sales and use tax on all sales made through a marketplace. Marketplace providers are required to certify to marketplace sellers that they will collect sales and use tax on their behalf.
A marketplace provider that is a taxable entity (corporation, partnership, limited liability company, etc.) must report and remit franchise tax if it has physical presence or economic nexus in Texas. A foreign taxable entity (i.e., out-of-state entity) with a Texas use tax permit is presumed to have nexus in Texas and is subject to Texas franchise tax.
As a marketplace seller, you are not responsible for collecting and remitting sales and use tax on your sales through the marketplace if the marketplace provider has certified they are assuming these responsibilities. If the marketplace provider does not issue any type of certification that it is collecting sales and use tax on your behalf, then you should collect sales and use tax until you receive a certification.
If you are a Texas seller and sell through a marketplace, you are still responsible for having a Texas tax permit and filing your sales and use tax returns timely. This is true even if your only sales are through a marketplace provider.
Remote sellers that only sell through a marketplace provider that has certified they will collect sales and use tax on your behalf are not required to hold a Texas tax permit. However, you must keep required records of your marketplace sales for at least four years.
A marketplace seller that is a taxable entity (i.e. corporation, partnership, limited liability company, etc.) must report and remit franchise tax if it has physical presence or economic nexus in Texas. A foreign taxable entity (i.e., out-of-state entity) with a Texas use tax permit is presumed to have nexus in Texas and is subject to Texas franchise tax. ff782bc1db
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