Why Most Texas Multifamily Properties Overpay
The gap between what properties owe and what they pay comes down to how electricity accounts are classified. Commercial electricity accounts carry state sales tax. Residential electricity accounts do not.
Most multifamily properties in Texas hold their electricity service through master meter accounts set up at the property level — accounts that default to commercial classification. When individual units are enrolled with a retail electricity provider under a property-master agreement or Continuous Service Agreement, those accounts often inherit a commercial classification unless the property owner or manager has specifically filed for the residential exemption.
The filing process is not automatic. It requires contacting your electricity provider, providing documentation of the property's residential use, and submitting the appropriate exemption form. Most property managers and owners have never done this — not because the exemption does not apply, but because no one flagged it as an available step.
Texas law also allows property owners to file refund claims for overpaid sales tax going back up to four years. The money has already been collected by the state. The only thing standing between you and a refund is the filing.
What the Overpayment Looks Like in Practice
State sales tax in Texas runs at 6.25%, with local jurisdiction add-ons that can push the effective rate higher. On a multifamily portfolio with significant electricity usage, this means a material line on every utility bill that should not be there.
The amount varies by property size, unit count, and monthly electricity consumption. But across a portfolio of apartment communities, four years of accumulated overpayment is rarely a small number. In our work with Texas property owners, recovered amounts have consistently proven worth the effort to pursue — in many cases, significantly so.
Two things happen when you file. First, you receive a refund of up to four years of overpaid tax. Second, the ongoing exemption is applied to your account going forward, stopping the overpayment permanently. The second part is often overlooked: without filing, the overpayment continues indefinitely.
What It Takes to File
Filing a Texas electricity sales tax refund claim is a multi-step process involving your electricity provider and the Texas Comptroller's office.
Step 1 — Confirm eligibilityNearly all Texas multifamily apartment properties qualify. The exemption applies to electricity delivered to residential meters. The question is whether your accounts are correctly classified and whether prior overpayments have been documented.
Step 2 — Collect billing historyYou or your representative will need to pull electricity invoices for the relevant period. Your electricity provider can typically provide records going back the statutory period. This step requires authorization from the account holder.
Step 3 — File with the Texas ComptrollerThe refund claim is filed directly with the Texas Comptroller. The form and process are specific to electricity sales tax recapture.
Step 4 — File for the ongoing exemptionSeparately from the refund claim, the residential exemption must be applied to current and future accounts. This step ensures the overpayment stops.
The process is manageable but technical. It requires coordination between your electricity provider, the Comptroller's office, and your property records. Many property owners choose to work with a representative who handles the coordination on their behalf under a limited power of attorney.
How Texas Apartment Owners Should Act on the Sales Tax Exemption
If your Texas multifamily properties have not filed for the residential electricity tax exemption, they are likely overpaying on every utility bill. The refund goes back up to four years. The process requires no upfront cost and minimal time from you.
The overpayment does not stop on its own. It requires a filing. The sooner you file, the sooner the ongoing overpayment stops — and the more of the prior overpayment falls within the four-year recovery window.