Tag: Form 05-158

Throwback Rule? Texas Doesn’t Have One—But Here’s the Catch 

Introduction Heard of the “throwback rule” and relieved Texas doesn’t have one? You’re partly right. Texas indeed does not impose a throwback rule, unlike California or New York—but there’s a catch for SaaS and digital businesses. In this 2025 guide, we’ll break down what the throwback rule is, why Texas doesn’t adopt it, and where […]

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Texas R&D “Double Weighting” Election: When It Helps

Introduction If your Texas startup invests heavily in R&D, there’s a little-known tax strategy that could cut your franchise tax burden significantly in 2025: the “Double Weighting” Election for research expenses. Texas allows certain taxpayers to double-count qualified R&D expenses in the cost-of-goods-sold (COGS) deduction for margin tax purposes. Let’s break down when and how […]

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Zero-Emission Equipment Incentive §171.602: Franchise Tax Credit

Introduction In 2025, Texas is rewarding businesses that invest in clean energy and zero-emission technologies with a valuable franchise tax credit under §171.602. If you’re a manufacturer, warehouse, data center, or logistics startup using electric vehicles, battery storage, or clean HVAC systems, this could reduce your state tax bill significantly. Here’s how the Texas zero-emission […]

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Bringing a Delaware Corp to Texas: Franchise-Tax Triggers

Bringing a Delaware Corp to Texas When you register a Delaware C-Corporation to do business in Texas as a foreign entity, understanding Texas franchise-tax triggers helps you anticipate annual filing obligations and associated costs. Proper planning avoids unexpected liabilities. Relevant Code & Tax References Texas Tax Code §171.002(4) defines “doing business” in Texas, including maintaining […]

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Series LLCs in Texas: One Return or Many?

Series LLCs in Texas Texas Series LLCs allow asset segregation into “series” under a master LLC, simplifying formations and liability shields. A common question is whether each series must file its own Texas franchise-tax report or if the master LLC can file just one consolidated return. Relevant Tax & Code References Texas Tax Code §171.101 […]

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Annualized Revenue Test: Avoiding a Surprise Texas Tax Bill

Annualized Revenue Test If your Texas franchise-tax reporting period isn’t a full 12 months—because you formed or acquired the business mid-year, changed your fiscal year, or operate on a short tax period—you must annualize your total revenue to determine: Whether you fall under the $2.47 million no-tax-due threshold, and Whether you qualify for the E-Z […]

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Late Texas Franchise-Tax Payment? Interest & Penalty Math

Texas Franchise-Tax Payment Missing the May 15 filing or payment deadline for your Texas franchise-tax can trigger multiple charges: a flat late-filing fee, percentage-based penalties, and accruing interest. Understanding how each is calculated—and how quickly they add up—helps you assess the real cost of a late payment and explore possible waiver options. Applicable Tax Authority […]

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Total Revenue vs. Cost-of-Goods: Picking the Best Texas Margin Method

Total Revenue vs. Cost-of-Goods Texas franchise tax is based on a business’s margin, but there are four distinct ways to calculate it. Choosing the method that minimizes your taxable margin can save you thousands. In this post, we’ll compare: Total Revenue × 70% Total Revenue − Cost-of-Goods Sold (COGS) Total Revenue − Compensation Total Revenue […]

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Texas Franchise Tax: What Founders Must File by May 15v

Introduction Texas imposes a franchise tax on most entities “doing business” in the state. Under Texas Tax Code §171.002, any corporation, LLC, or other taxable entity with revenue above the no-tax-due threshold must file an annual franchise tax report and Public Information Report by May 15, 2025. Founders should understand what forms are required, how […]

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