From:
http://cpastar2.cpa.state.tx.us
Thank you for your recent letter In which you asked for a ruling response to
the following sales tax questions:
1. Shipping and Handling:
Question A. Is shipping and handling subject to sales tax If they are listed
together as a single line item on a customer invoice?
Response: If the item being shipped is taxable, the shipping and handling
charge is also taxable.
Question B. Is shipping or handling subject to sales tax if they are listed as
two separate items on a customer invoice?
Response: If the item being shipped is taxable, both shipping and handling
charges are also taxable even if the two charges are separately stated.
I called the Texas Tax Authority and was told that because shipping is a non-tangible property, it isn't taxed the same as tangible property. This means that the value of the shipping isn't taxed until/unless it is charged to the purchaser.
Shipping charges are subject to sales tax, free shipping isn't a sales taxable item because the shipping wasn't 'sold' to the consumer.
You are correct, free shipping isn't sales taxable, in Texas at least.