Lump-Sum Versus Separated Contracts: Texas Comptroller Rule 3.291 splits construction contracts into two sales tax treatments, and the split changes what your bookkeeper does with every supplier invoice. On a lump-sum contract the contractor is the consumer of the materials and pays sales tax to the supplier at purchase, so the tax lands in job cost. On a separated contract, where materials and labor are stated separately to the customer, the contractor is treated as a reseller, buys materials tax free under a resale certificate, and collects tax from the customer on the materials charge. This is a coding rule set per contract, not a year-end adjustment.
Taxable Labor on Nonresidential Repair and Remodel: In Texas, labor to construct a new improvement to real property is not taxable, and labor to repair or remodel residential real property is not taxable. Labor to repair, restore or remodel nonresidential real property is taxable. That means an Austin contractor doing a commercial tenant fit-out and a house renovation in the same week is applying two different tax treatments to two invoices, at a combined Austin rate of 8.25 percent once city and transit taxes are added. We set the treatment when the job is opened so nobody guesses at billing time.
Franchise Tax Records and the COGS Subtraction: Texas has no state income tax, but construction entities report to the Texas Comptroller of Public Accounts for franchise tax, with the annual report due 15 May. Texas Tax Code Section 171.1012 lets a company furnishing labor or materials for real property improvements subtract direct labor, materials and subcontract cost as cost of goods sold. The subtraction is only as strong as the coding beneath it. Direct job cost has to be separable from overhead in the ledger throughout the year, which is a bookkeeping discipline rather than a tax preparation task.
Licensing, Permits and Where Those Costs Belong: Texas issues no statewide general contractor license. Trade licensing runs through the Texas Department of Licensing and Regulation for electricians and air conditioning and refrigeration contractors, and through the Texas State Board of Plumbing Examiners for plumbers. The City of Austin issues permits and applies extra review over the Edwards Aquifer recharge zone. Permit fees and impact fees belong on the job that triggered them. License renewals, continuing education, bond premiums and general liability belong in overhead where they feed the burden rate. Misplaced, they quietly distort both job margin and your next bid.
Worker Classification, 1099-NEC and Workers Compensation: The Texas Workforce Commission audits worker classification for unemployment tax, and Texas is the rare state where most private employers may choose not to carry workers compensation. Both facts land in bookkeeping. W-9s and certificates of insurance are collected before the first payment, expiry dates are tracked, vendor payment totals accumulate through the year for 1099-NEC filing at the current IRS reporting threshold, and whether you carry comp changes the burden rate applied to every hour of labor you post to a job.
Retainage and Prompt Payment Clocks: Texas Property Code Chapter 53 requires an owner to retain ten percent of the contract price during construction and for thirty days after completion, and it sets lien notice deadlines counted from the month in which labor or material was furnished. Chapter 28, the Texas prompt payment statute, generally gives an owner thirty five days from a written payment request and gives a general contractor seven days to pass payment down to subcontractors. We are not attorneys and we do not file notices. We keep the receivable data organized by job, tier and month so those deadlines run off real records.
Prevailing Wage and Certified Payroll Records: Texas has no general private prevailing wage law, but Texas Government Code Chapter 2258 requires prevailing wages on public works of the state and its political subdivisions, federally funded Austin work falls under the Davis-Bacon Act, and the City of Austin applies its own wage standards on certain contracts. The weekly burden is a payroll processing burden: correct classification, correct rate, fringe treatment and a filed report that has to equal the labor sitting in job cost. We produce both from one payroll run so they cannot drift apart.