Tag: Franchise Tax

83(b) Election for Texas Residents: Margin-Tax Timing

Introduction Texas residents receiving restricted stock or equity grants often overlook the timing implications of an 83(b) election on both federal income tax and Texas franchise tax, potentially leading to unexpected liabilities or missed savings. Inexperienced advisors may fail to coordinate the election with Texas’s margin-tax rules, resulting in inefficient tax outcomes for startups and […]

Read More

Terminating a Texas Trust: Final Form 1041 & Franchise-Tax Impact

Introduction Trustees and beneficiaries in Texas often encounter complexities when terminating a trust, including navigating federal tax filings and state franchise tax obligations, where mishandling can result in penalties, delayed distributions, or unexpected tax liabilities. Inexperienced advisors may overlook the need for a final Form 1041 or fail to address Texas franchise tax implications, prolonging […]

Read More

Self-Settled Trusts? Why Texas Requires a Third-Party Settlor

Introduction High-net-worth individuals in Texas seeking asset protection often explore self-settled trusts, but the state’s stringent requirements can complicate setup and effectiveness if not handled properly. Inexperienced advisors may fail to emphasize the need for a third-party settlor or trustee, leading to invalid trusts, lost protection, or tax pitfalls. Are you structuring your self-settled trust […]

Read More

Trust-Owned Texas LLCs: Asset-Protection & Tax Treatment

Introduction High-net-worth individuals and business owners in Texas often seek robust strategies to protect assets and optimize tax outcomes, but inexperienced advisors may overlook the unique benefits of trust-owned Limited Liability Companies (LLCs), leading to missed opportunities or compliance risks. Are you leveraging trust-owned LLCs to safeguard your wealth while navigating Texas’s franchise tax and […]

Read More

State Property Tax Abatements for Data Centers (Chapter 312)

Introduction In 2025, Texas continues to lead in attracting data centers with property-tax abatements under Chapter 312. For cloud infrastructure, AI compute farms, and hyperscale storage hubs, this incentive can mean millions in local tax savings. If you’re planning or expanding a data center in Texas, here’s how Chapter 312 abatements work—and how to secure […]

Read More

Moratorium on Business Personal Property?

Introduction Business owners in Texas may soon see relief from one of the most controversial local taxes—the Business Personal Property (BPP) tax. In 2025, Texas legislators are considering a moratorium or rollback of the BPP tax. For startups, SaaS firms, and manufacturers with high equipment costs, this could mean major savings. Here’s what you need […]

Read More

Texas Comptroller Audits: Top SaaS Margin-Tax Adjustments

Introduction Think Texas doesn’t audit tech startups? Think again. The Texas Comptroller is doubling down on Franchise Tax audits, especially for SaaS companies claiming aggressive cost of goods sold (COGS) or compensation deductions under the Margin Tax. If your business is software-based and relies on recurring revenue, here’s what to know about top adjustments made […]

Read More

Letter Rulings on SaaS COGS: 2024–2025 Highlights 

Introduction Texas SaaS companies hoping to reduce Franchise Tax via Cost of Goods Sold (COGS) deductions need to be extra cautious. The Texas Comptroller issued several key letter rulings in 2024–2025 that clarify—and restrict—COGS eligibility for software businesses. Let’s break down what was allowed, what was denied, and how you can stay compliant in 2025. […]

Read More

Penalty Relief Program: How to Request a Waiver Online 

Introduction Missed a Texas Franchise Tax deadline? Filed late or made a payment error? Good news: Texas offers a Penalty Relief Program, and in 2025, you can request waivers entirely online. This guide walks you through the process to reduce or eliminate penalties—especially helpful for small businesses, startups, and growing SaaS firms. Texas Code References […]

Read More

Non-Profit Status vs No-Tax-Due: Founder Misconceptions

Introduction Founders often confuse non-profit status with the “no-tax-due” threshold in Texas Franchise Tax. In 2025, assuming your startup pays no tax simply because you’re small—or registered as a non-profit—can lead to costly compliance mistakes. Let’s separate fact from fiction. Key Texas Legal References Texas Tax Code §171.0002(d) – No-tax-due threshold rules Texas Tax Code […]

Read More