Imagine selling a few things online, watching the marketplace take its cut, and then finding out you were also being charged sales tax on the fees you paid. For many Texas sellers, that is exactly what has been happening, and now the state is moving to end it. But there is a catch that sellers will want to know about: the proposal does not promise to give back the tax already collected.
According to Value Added Resource, in a report published October 10, 2026, Texas is moving to stop charging sales tax on online marketplace seller fees. Here is how it got to this point, and what it means for people who sell online in Texas.
How seller fees ended up taxed
The report explains that Texas Comptroller Rule 3.330 was expanded in 2025. Under the expanded rule, marketplace seller fees such as commissions and listing fees were taxed as data processing. The change took effect in October 2025. The report notes that Poshmark, for example, began deducting the tax on October 1, 2025.
In plain terms, when a seller paid a marketplace a commission or a listing fee, sales tax was added on top of the fee. For a casual seller who flips a few items a month, the added amount might seem small. For anyone who sells a lot, it adds up. And it is a tax on a service fee, not on the item being sold, which is why many sellers found it surprising.
What is changing now
The report says Comptroller Don Huffines issued an executive order on September 30, 2026, to amend the rule. A proposed amendment was published in the Texas Register on October 16, 2026, and the public can submit comments through November 15, 2026.
The goal of the amendment, as the report describes it, is that marketplace seller fees would no longer be taxed as data processing. That would be welcome news for sellers who have watched the tax come off their earnings month after month.
But nothing has changed yet. The proposal is not effective until the rulemaking is finished. Until then, the current rule stays in place, and marketplaces may continue to collect the tax.
The part nobody is promising
Here is the sticking point. According to the report, the proposal does not address refunds of tax already collected. Sellers who have been charged this tax since October 2025 are not being told they will get any of it back.
That is where the fairness question comes in. A seller who paid the tax for a year, and who made decisions about pricing and profits with that cost baked in, might reasonably expect something to be done about it. The proposal, as described, is silent on the matter. It is possible that the issue will be raised during the comment period, but nothing in the report says that a refund is coming.
What Texas sellers can do now
A lot of this is out of your hands, but there are a few smart moves you can make while the rulemaking process plays out:
- Keep your records. Save your sales statements, fee breakdowns and any tax charges that show up on your marketplace account. If a refund process ever appears, you will want your numbers ready.
- Note the dates. The report points to October 2025 as the start of the tax on seller fees. Mark that on your calendar and track what you were charged since.
- Consider commenting. The public comment window runs through November 15, 2026. If you are a Texas seller and have a view, especially about refunds, the comment period is the time to share it.
- Watch for official updates. The change is not effective until the rulemaking is complete. Keep an eye on announcements from the Texas Comptroller and your marketplace.
- Talk to a tax professional. If you sell a lot, or if you run a business, a tax pro can tell you how to handle your records and whether a refund claim is possible.
- Review your pricing. Until the rule changes, the tax is part of your cost of doing business, so make sure you are still making a profit.
Why this matters beyond Texas
Online selling has become a real source of income for a lot of families. People clean out closets, sell crafts, flip thrift finds and run small shops from their kitchen tables. When fees and taxes change, those small sellers feel it right away. Even if you do not live in Texas, this is a good reminder to look at your statements regularly and to understand exactly what you are being charged.
It is also a reminder that rules about online sales change often, and that a short comment period is the main chance for ordinary people to weigh in. Policies that affect sellers are often written in places most of us never look. The Texas Register is one of those places, and it is worth knowing it exists.
The bottom line
Texas has taken a step toward ending sales tax on online marketplace seller fees, with a proposed amendment published October 16, 2026 and comments open through November 15. That is good news for the future. But for the tax already paid since October 2025, the proposal does not promise a dime back. If you sell online in Texas, keep your records, mark the comment deadline and stay tuned. The rule is not final yet, and the question of refunds is still wide open.
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