Texas – Tax Guidance on Fairs, Festivals, Markets, and Shows

SALT Report 1962 РThe Texas Comptroller updated its publication regarding the taxability of fairs, festivals, markets, and shows. Generally, trade shows, arts and crafts shows, antique markets, gun shows, fairs, festivals, flea markets and swap meets are considered temporary places of business for tax purposes.  Depending on the nature of the business, you may be liable for both sales and use tax and franchise tax.

Sellers at fairs, festivals, markets, shows, and other temporary places of business need a Texas sales and use tax permit if they sell or take orders for taxable items or taxable services or use the show to promote sales of taxable items or taxable services.

Promoters of these events are also considered sellers and are required to have a sales tax permit as well.  Further, promoters are responsible for collecting and remitting the sales tax that is collected by dealers or sellers at these events unless those individuals have a sales tax permit or qualify for the occasional sale exemption.

The publication also addresses the following sales tax topics:

  • Permits and bonds,
  • Texas tax rates,
  • Local tax collection,
  • Resale, occasional sales, and other exemptions,
  • Tax reports,
  • Out-of-state sellers,
  • Admissions, booth rentals, and parking fees, and
  • Antique or craft malls and markets

For Further Information:

Texas Comptroller of Public Accounts – Publication 96-211 Fairs, Festivals, Markets and Shows