
Updated: December 22, 2025
If you run a business in Texas, you've probably heard of franchise tax. But what exactly is it, who needs to pay for it, and how do you stay compliant without pulling your hair out?
This comprehensive guide breaks it down in simple terms—covering everything from who must file, how to calculate your tax, step-by-step filing instructions, and how to avoid costly mistakes. Whether you're a new LLC or an established corporation, this guide will help you navigate Texas franchise tax with confidence.
Texas doesn't have a corporate income tax, but it does have a franchise tax—a fee businesses pay for the privilege of operating in Texas.
Unlike traditional income tax, franchise tax is based on your business's total revenue and taxable margin, not just profits.
This distinction matters because even businesses with zero net profit might still owe franchise tax if their total revenue exceeds the state's threshold.
The following business entities must file and potentially pay Texas franchise tax:
The following are exempt from Texas franchise tax:
Important: Your federal tax treatment doesn't determine your Texas franchise tax obligation. Even if your LLC is disregarded for federal tax purposes, it's still a separate legal entity for Texas franchise tax.
Texas franchise tax calculation involves three key steps:
Total revenue includes:
Exclusions from revenue:
Texas gives you four options to calculate your taxable margin. You can choose the method that results in the lowest tax liability:
Important: Not all businesses qualify to use COGS. You must sell real or tangible personal property in the ordinary course of business.
Once your taxable margin is determined, it's taxed at one of two rates:
If your business earns less than $2,470,000 in total revenue (as of 2025), you don't owe any tax, but you must still file a Public Information Report (Form 05-102) or Ownership Information Report (Form 05-167).
Example 1: Service Business
Option 1: $5,000,000 × 70% = $3,500,000
Option 2: Not applicable (no COGS)
Option 3: $5,000,000 - $2,500,000 = $2,500,000 ← Lowest
Option 4: $5,000,000 - $1,000,000 = $4,000,000
Best margin: $2,500,000
Tax due: $2,500,000 × 0.0075 = $18,750
Example 2: Retail Business
Option 1: $8,000,000 × 70% = $5,600,000
Option 2: $8,000,000 - $5,500,000 = $2,500,000 ← Lowest
Option 3: $8,000,000 - $3,000,000 = $5,000,000
Option 4: $8,000,000 - $1,000,000 = $7,000,000
Best margin: $2,500,000
Tax due: $2,500,000 × 0.00375 = $9,375
Example 3: Small Business (Under Threshold)
Result: No tax due, but must file Public Information Report.
The No Tax Due Report (Form 05-163) has been eliminated. Businesses under the revenue threshold must now submit their Franchise Tax Report online through Webfile on the Texas Comptroller’s website.
All taxable entities in Texas must file, even if:
If your annualized total revenue is $2,470,000 or less:
If your annualized total revenue is between $2,470,001 and $20,000,000:
If your annualized total revenue exceeds $20,000,000:
You'll need:
Benefits of Webfile:
Payment Options:
Online (Recommended):
By Mail:
Electronic Payment Requirement: If your franchise tax liability exceeds $500, you may be required to pay electronically.
If you paid $10,000 or more in franchise tax during the previous state fiscal year (Sept 1 - Aug 31), you must pay electronically in the subsequent calendar year.
Maintain copies of:
Retention period: At least 4 years
Failing to file your Franchise Tax Report on time can result in serious penalties, including:
Interest Calculation Example: If you owe $10,000 in taxes for 150 days at 8.5%: $10,000 × 0.085 × (150/365) = $349.32 in interest
If you don't file all required reports and/or don't pay tax, penalty, or interest within 45 days of receiving a "Notice of Intent to Forfeit," your business may:
Entities that fail to file or pay within 120 days of forfeiture may have their registration forfeited.
If you can't file by May 15, you can request an extension:
For Non-EFT Payors:
For EFT Payors:
Zero-Money Extensions: If you were below the no tax due threshold last year, you can file a zero-money extension request.
File on time to avoid penalties. Waiting until the last minute often leads to errors, delays, and unnecessary fees.
Businesses can pay their franchise tax using one of the following methods:
Online Payment: Recommended for all businesses. Payments can be made through the Texas Comptroller’s Webfile system.
By Mail: Businesses may also mail a check or money order along with their Franchise Tax Report.
Electronic Payment Requirement: If your total franchise tax liability exceeds $500, you may be required to pay electronically.
Even if you qualify for No Tax Due, you still must file a report through **Webfile **— a $0 tax liability does not mean no paperwork.
Who files: Corporations, LLCs, limited partnerships, professional associations, and financial institutions
What it includes:
Due date: Same as franchise tax report (May 15)
Important: Even if you file your franchise tax report and pay all taxes, failure to file the PIR can result in forfeiture.
Who files: Entities that are NOT corporations, LLCs, limited partnerships, professional associations, or financial institutions (e.g., general partnerships, business trusts)
What it includes:
Who qualifies: Businesses with $20 million or less in annualized total revenue
Benefits:
Limitations:
Who files: Businesses with over $20 million in revenue, or those choosing to claim deductions/credits
Benefits:
Complexity: Requires more detailed information and calculations
When to use: When paying by check or money order
What to include:
Mistake: Assuming that if you owe no tax, you don't need to file anything.
Reality: Even if your revenue is below $2,470,000, you must still file a Public Information Report or Ownership Information Report.
Consequence: $50 late filing penalty + potential forfeiture
Mistake: Using the current calendar year instead of the correct accounting period.
Correct approach: Your 2025 report (due May 15, 2025) should be based on your last federal accounting period end date in 2024.
Example: If your fiscal year ends September 30, your 2025 franchise tax report covers October 1, 2023 through September 30, 2024.
Mistake: Reporting actual revenue for a short period without annualizing.
When to annualize: If your accounting period is less than 12 months.
Formula: (Total Revenue ÷ Days in Period) × 365
Example:
This determines threshold eligibility, but you still report the actual $800,000 as total revenue.
Mistake: Including expenses that don't qualify as COGS.
What's NOT included in COGS:
What IS included:
Mistake: Deducting full compensation for high earners.
Reality: Compensation is capped at $450,000 per person per 12-month period.
Example: If you pay an executive $600,000, you can only deduct $450,000.
Mistake: Claiming the 0.375% wholesaler/retailer rate without qualifying.
Requirements to qualify:
Mistake: Discarding supporting documents after filing.
Best practice: Keep all franchise tax records for at least 4 years, including:
Mistake: Filing separately when you should file as a combined group.
When combined reporting is required:
Consequence: Incorrect tax calculation and potential penalties
Mistake: Paying by check when required to pay electronically.
EFT requirement: If you paid $10,000+ in franchise tax during the previous state fiscal year (Sept 1 - Aug 31), you must pay electronically the following calendar year.
Penalty: Additional 5% penalty for not following EFT requirements
Mistake: Filing Form 05-163 (No Tax Due Report) for 2025.
Update: Form 05-163 has been eliminated. Instead, file:
Yes. Your filing obligation begins the day your entity is formed or begins doing business in Texas. Your first annual report is due May 15 of the year following formation.
Example: LLC formed October 15, 2024 → First report due May 15, 2025
You still must file. Report zero revenue and file the required Public Information Report or Ownership Information Report.
Yes. File an amended report with:
If requesting a refund, the claim must comply with Texas Tax Code Section 111.104.
Yes, if you're "doing business" in Texas. This includes:
There is no minimum tax. If your calculated tax is less than $1,000, you owe $0 (but must still file reports).
Exception: Tiered partnership elections—both upper and lower tier entities owe any calculated amount, even if under $1,000.
Yes. File an amended report with a cover letter explaining the overpayment. The statute of limitations for refund claims is generally 4 years from the due date of the report.
You must file a final report within 60 days of ceasing business in Texas. If your annualized revenue is below $2,470,000, you're not required to file a final franchise tax report, but you'll need to verify this when requesting a certificate of account status.
To officially terminate, you must:
Visit the Franchise Account Status website to:
You have the right to:
Contact the Comptroller's office immediately if you receive an assessment you believe is incorrect.
Single-Member LLCs:
Multi-Member LLCs:
General Partnerships (all natural persons):
Limited Partnerships and LLPs:
C Corporations:
S Corporations:
Doctors, Lawyers, Accountants, Consultants:
Benefits:
Requirements:
COGS Considerations:
Section 179 Deduction:
Rental Property Owners:
Real Estate Investment Trusts (REITs):
Software Sales:
Special Exclusions:
Healthcare Institutions:
✅ Texas Franchise Tax — Due May 15 annually
✅ Sales Tax — If selling taxable goods/services
✅ Federal Tax Returns
✅ Annual Report with Secretary of State
✅ Business Licenses and Permits
✅ Property Tax (if applicable)
✅ Federal:
✅ Texas:
No Tax Due Threshold: Remains at $2,470,000 (unchanged from 2024)
Tax Rates: No changes
Form Changes:
Electronic Filing:
Veteran-Owned Businesses:
Combined Groups:
Franchise tax compliance can be complicated, but Jupid simplifies the process. We’re building an AI-powered accountant to simplify LLC formation, bookkeeping, and tax compliance through natural conversations.
File your Franchise Tax Report accurately and on time with Jupid.
✅ Texas franchise tax is based on revenue and margin, not profit — Even unprofitable businesses may owe tax
✅ The no tax due threshold for 2025 is $2,470,000 — But you still must file reports
✅ Due date is May 15 annually — Extensions available with proper payment
✅ Choose the best margin calculation method — Four options available; pick the lowest
✅ File electronically via Webfile — Faster, easier, with built-in error checking
✅ Penalties are steep — $50 late filing + 5-10% late payment + interest + potential forfeiture
✅ Keep records for 4 years — Including all reports, payments, and supporting documents
✅ Different entity types have different requirements — LLCs, partnerships, and corporations all treated differently
Texas Comptroller of Public Accounts
Webfile Number Retrieval:
Understanding the Texas franchise tax is essential for keeping your business compliant and avoiding costly penalties. While the system may seem complex at first, breaking it down into steps makes it manageable:
Whether you owe taxes or just need to file reports, staying ahead of your obligations will save you time, money, and stress. The penalties for non-compliance are significant, but the filing process itself is straightforward when you understand the requirements.
Remember: Even if you owe no tax, you still must file the required reports. Failure to file can result in forfeiture of your right to transact business in Texas and personal liability for officers and directors.
Franchise tax compliance can be complicated, but Jupid simplifies the process. We're building an AI-powered accountant to simplify LLC formation, bookkeeping, and tax compliance through natural conversations.
Jupid helps you:
File your Franchise Tax Report accurately and on time with Jupid. Focus on growing your business while we handle the tax complexity.
Disclaimer: This guide provides general information about Texas franchise tax and should not be considered legal or tax advice. Tax laws change frequently, and every business situation is unique. Consult with a qualified tax professional or attorney for advice specific to your circumstances.
Texas Comptroller of Public Accounts – Franchise Tax Overview: comptroller.texas.gov/taxes/franchise/
Texas Tax Code Chapter 171 – Franchise Tax: statutes.capitol.texas.gov
Texas Comptroller – 2025 Franchise Tax Report Information and Instructions (Form 05-914): comptroller.texas.gov/forms/05-914.pdf
Texas Comptroller – Franchise Tax Filing: comptroller.texas.gov/taxes/franchise/filing.php
Texas Comptroller – Penalties for Past Due Taxes: comptroller.texas.gov/taxes/file-pay/penalties.php
Texas Comptroller – Interest Owed and Earned: comptroller.texas.gov/taxes/file-pay/interest.php
Texas Secretary of State – Business Organizations: sos.state.tx.us/corp/
Texas Comptroller – Sales Tax Information: comptroller.texas.gov/taxes/sales/
Texas Comptroller – No Tax Due Reporting Updates: comptroller.texas.gov/taxes/franchise/ntd-rpt-updates-2024.php
Texas Veterans Commission – Veteran-Owned Business Resources: tvc.texas.gov/entrepreneurs
Join 1,000+ businesses using Jupid to save time and money. Start simplifying your finances today.
30-day money-back guarantee