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Tag: Texas franchise tax
Texas Franchise Tax vs Sales Tax: Which One Hits You First?
Starting a business in Texas? You’ll likely face two major state-level taxes: the Franchise Tax and the Sales and Use Tax. But which one applies first? Which one costs more? This guide will break down how each tax works, when it kicks in, and what startups, e-commerce sellers, and service providers need to prioritize in […]
Texas Unitary Group Rules Explained
If your business operates multiple entities under common control, Texas may require you to file a combined Franchise Tax Report as a unitary group. Ignoring this rule could lead to underreporting, penalties, and even forfeiture. Here’s what every holding company, affiliate group, and multi-LLC structure must know in 2025. What Is a Unitary Group? Under […]
Cost of Goods Sold for Software
Texas allows businesses to reduce their Franchise Tax by deducting Cost of Goods Sold (COGS) , but what counts as COGS for software developers, SaaS firms, and digital product sellers? The answer lies in Texas Administrative Code Rule 3.588, which offers specific guidance for tech-based companies. Here’s how to apply it in 2025. What Is […]
Compensation Deduction Cap ($370K) for 2025
Texas Franchise Tax law allows a deduction for compensation paid to employees , but it’s capped. For 2025, the maximum deduction per person is $370,000. For founders and key employees, smart planning around this cap can reduce your Texas Franchise Tax without triggering IRS or state-level scrutiny. What Is the Compensation Deduction Cap? Under Texas […]
PTET Copycat? Why Texas Has No Pass-Through Elective Tax
In 30+ U.S. states, pass-through businesses can elect to pay income tax at the entity level to bypass the $10,000 SALT deduction cap. But not in Texas. Why has Texas avoided adopting a PTET regime, and what does that mean for LLCs, S-Corps, and partnerships operating in the state? What is PTET? The Pass-Through Entity […]
S-Corp vs LLC in Texas
Choosing between an LLC and an S-Corporation in Texas? While both can limit liability and offer pass-through taxation, they differ greatly in how the Texas Franchise Tax (margin tax) and federal payroll taxes apply. Here’s how to decide what’s best for your business in 2025. LLC vs S-Corp: Federal Classification At the federal level: A […]
QSBS & Texas: Does the State Tax Your 0% Federal Gain?
Qualified Small Business Stock (QSBS) under IRC §1202 offers a powerful tax exemption of up to 100% of federal capital gains. But what about Texas? Does your 0% federal gain remain tax-free at the state level? What is QSBS? Qualified Small Business Stock (QSBS) refers to shares acquired in a qualified C-Corporation under IRC §1202, […]
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 […]
Franchise-Tax Extensions: Form 05-164 Walk-Through
Franchise-Tax Extensions If you need extra time to prepare your Texas franchise-tax report, Form 05-164 gives you a six-month extension—from May 15 to November 15—to file. Note, however, that an extension does not extend your payment deadline. You must still remit at least 90 percent of your estimated tax liability by the original due date […]
$50 “Late Report” Fine: How to Abate It With One Letter
$50 “Late Report” Fine If you’ve filed your Texas franchise-tax report late—even if no tax is due—you automatically incur a $50 late-filing fee per report. Fortunately, Texas law allows you to request a waiver of that flat fee (and any related interest or penalties) with a single letter or form. In this post, we’ll explain […]