The Lone Star State Not Alone Regarding Looming Fiscal Challenges

Sales & Use Tax

After several years of healthy budget surpluses, states are gearing up to address a more restrictive fiscal environment. The budgeting challenges are not severe at this point, but they are numerous – and noteworthy. These issues include: 

  • The phasing out of pandemic funding
  • Dwindling rainy day funds
  • Stagnating sales tax revenue
  • Decreasing consumer spending
  • The need to fund a spate of in-place and upcoming property tax cuts

Each of these trends, of course, ultimately affect indirect tax policy-making. If fiscal environments pose challenges, local governments are likely to consider sales tax rate increases. On their part, state governments appear more likely to consider ways to broaden the tax base (e.g., by subjecting more services to sales tax or by enacting new forms of digital taxes). 

Texas is a notable example of several of these trends. In fiscal 2024, the state’s All Funds revenue account (which includes federal income) stood at $181.12 billion, down 3.6 percent from fiscal 2023, according to a report from the Texas Comptroller’s office. Yes, this is a minor pullback, but it’s likely a  sign of things to come. All Funds tax collection held roughly steady at $81.87 billion, down 0.3% from fiscal 2023.

Declining federal transfers are a major contributor to the revenue dip. Through February 2025, Texas received $85 billion in federal pandemic-related funds, according to a study by the Baker Institute. The state’s overall federal income peaked at around $82 billion in 2021 but contracted to about $59 billion in 2024.

Texas legislators have anticipated a decline in revenue, and there is currently no indication of urgent concern. In fact, legislators are pressing ahead with a slate of property tax cuts. In 2023, the state leveraged a hefty surplus to fund an $18 billion reduction in property taxes. In November 2025, voters will be asked to approve an extension of the reduction plus a further round of cuts, bringing the total reduction to $51 billion.

Many other states are experiencing declines in federal revenue and adjusting their property tax policies. This will likely result in further changes to sales tax rules and rates in order to stabilize potentially precarious budget situations. For example, in Wyoming voters will decide in 2026 on exempting 50% of a primary residence’s assessed value from property taxes, while in Tennessee, a proposed constitutional amendment would prohibit the state from imposing property taxes.

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Michael J. Bernard, Chief Tax Officer – Transaction Tax at Vertex Inc. Vertex's Chief Tax Office (CTO) provides insight regarding the impact of tax regulations, policy, enforcement, and emerging technology trends on global tax department operations.

Michael J. Bernard

Vice President and Chief Tax Officer

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Michael Bernard is the Chief Tax Officer of Transaction Tax. In his role, he provides insight and thought leadership around tax department operations, U.S. indirect tax, tax risk management, and tax policy, as well as emerging tax trends. He is also responsible for influencing emerging technologies which meet the continuing regulatory changes of the corporate tax community. He is an executive-level tax attorney with a diverse portfolio of experience in corporate tax, administration, and finance, including a substantive knowledge of U.S. and international tax laws.

Prior to joining Vertex, Michael was in various tax leadership roles at Microsoft Corporation for 28 years, the most recent being General Manager & U.S. Tax Counsel. He led teams in the following functional areas: direct and indirect tax controversy, sales and use, business license, property, tax IT, SOX, and telecommunications. He also co-led a corporate taxpayer advocacy group with the Washington Department of Revenue and was a Director on the Board of the Washington Research Council. He has also testified before administrative and lawmakers at both the federal and state level.

Michael earned both a J.D. and a Bachelor of Science in Business Administration from Creighton University. He is a part-time lecturer of Law in the LLM program at the University of Washington School of Law. He also served on the board of directors, executive committee, and chaired committees for The Tax Executives Institute (TEI) for nearly 25 years.

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