Within a month of assuming the role of Texas Comptroller on August 1, 2026, Don Huffines invited physicians and other businesses to discuss the sales tax on data processing and information services. Those in the medical field reported being charged sales tax to access their patients’ electronic medical records.
“The previous comptroller treated certain medical records storage and related services as taxable data processing based on the statutory definition of “data processing service” in Tax Code § 151.0035, which includes ‘word processing, data entry, data retrieval, data search, information compilation, payroll and business accounting data production, and other computerized data and information storage or manipulation,’” explains Argi O’Leary, Principal, Advocacy Practice at Ryan, LLC. “Electronic medical records storage and related services could reasonably fall within one or more of the statutory examples of taxable data processing services, and the comptroller's position that those services were taxable was based on its interpretation of the statute.”
Huffines interprets the statute differently. In Executive Order DH-2026-02 (October 6, 2026), he directed the comptroller’s office to propose an amendment to Rule 3.342 so that the following services would no longer be taxed as information services or data processing services:
- Electronic health record (EHR) systems
- Electronic medical record (EMR) systems
- Patient portals
- Other healthcare technology systems used to maintain, access, or share medical records
Huffines previously ordered proposed amendments to eliminate the data processing sales tax on marketplace and platform fees; they can be found in the Texas Register. He plans to continue reviewing tax rules related to data processing services and information services and may propose additional changes to reduce the tax burden on businesses.
Tax experts tend to support the new comptroller’s stance.
“We're pleased to see Comptroller Huffines taking a proactive approach to tax administration by engaging with taxpayers, soliciting stakeholder feedback, and providing much-needed clarity on complex and frequently disputed tax issues,” says O’Leary.
“Good tax policy avoids taxing the same transaction twice” observes David Lingerfelt, Senior Director of Indirect Tax at Avalara. “The 2025 amendment to the Texas rule blurred that line by layering a data processing tax on top of commissions that were already baked into the taxable sales price. The comptroller’s proposed fix gets Texas back on solid ground.”