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10/25/21, 8:25 PM Franchise Tax Glenn Hegar Texas Comptroller of Public Accounts Taxes Franchise Tax 2021 Franchise Tax Extension Due Dates Due to statewide inclement weather in February, the Texas Comptroller of Public Accounts automatically extended the original due date for 2021 Texas franchise tax reports to June 15, 2021. As a reminder, the extended due dates did not change. If a taxable entity required to make its franchise tax payments by electronic funds transfer (mandatory EFT) filed for a franchise tax extension on or before June 15, the extended due date is Aug. 16. For all other taxable entities not required to make mandatory EFT payments that filed for a franchise tax extension on or before June 15, the extended due date is Nov. 15. Other News and Announcements Higher Than Normal Call Volume We are experiencing higher than normal call volume. While we are available Monday through Friday, 8 a.m.-5 p.m. Central Time, shorter wait times normally occur from 8-10 a.m. and 4-5 p.m. Please have your 11-digit taxpayer number ready when you call [comptroller.texas.gov/about/contact/#toll-free-label]. For additional information, see our Call Tips and Peak Schedule [comptroller.texas.gov/taxes/file-pay/peakschedule.php] webpage. Changes to Franchise Tax Nexus The Comptroller's office has amended Rule 3.586, Margin: NexusExternal Link: undefined, for franchise tax reports due on or after Jan. 1, 2020. A foreign taxable entity with no physical presence in Texas now has nexus if, during any federal accounting period ending in 2019 or later, it has gross receipts from business done in Texas of $500,000 or more. Additionally, a foreign taxable entity with a Texas use tax permit is presumed to have nexus and is subject to Texas franchise tax. The Texas franchise tax is a privilege tax imposed on each taxable entityExternal Link: undefined formed or organized in Texas or doing businessExternal Link: undefined in Texas. For general information, see the Franchise Tax Overview [comptroller.texas.gov/taxes/publications/98-806.php]. https://comptroller.texas.gov/taxes/franchise/ 1/5 10/25/21, 8:25 PM Franchise Tax Update a Franchise Tax Account Complete the Franchise Tax Accountability Questionnaire [comptroller.texas.gov/taxes/franchise/questionnaire.php] Change a Business Address or Contact Information [comptroller.texas.gov/webforms/franchise/changeaddress/] Close or Reinstate a Business [comptroller.texas.gov/taxes/franchise/reinstate-terminate.php] Look Up Account Status [comptroller.texas.gov/taxes/franchise/coas-instructions.php] Request a Tax Certificate or Tax Clearance Letter [comptroller.texas.gov/taxes/franchise/certificate-letterrequest.php] File and Pay Franchise Tax Approved Tax Preparation Software Providers [comptroller.texas.gov/taxes/franchise/approvedproviders.php] Filing and Payment Requirements [comptroller.texas.gov/taxes/franchise/filing-requirements.php] Request an Extension [comptroller.texas.gov/taxes/franchise/filing-extensions.php] Report Common Owner Information [comptroller.texas.gov/taxes/franchise/common-owner.php] Tax Rates, Thresholds and Deduction Limits Franchise tax rates, thresholds and deduction limits vary by report year. Use the rate that corresponds to the year for which you are filing. 2020 and 2021 Item No Tax Due Threshold Tax Rate (retail or wholesale) Tax Rate (other than retail or wholesale) Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate Amount $1,180,000 0.375% 0.75% $390,000 $20 million 0.331% Tax Rates, Thresholds and Deduction Limits for Prior Years 2018 and 2019 Item No Tax Due Threshold Tax Rate (retail or wholesale) https://comptroller.texas.gov/taxes/franchise/ Amount $1,130,000 0.375% 2/5 10/25/21, 8:25 PM Tax Rate (other than retail or wholesale) Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate Franchise Tax 0.75% $370,000 $20 million 0.331% 2016 and 2017 Item No Tax Due Threshold Tax Rate (retail or wholesale) Tax Rate (other than retail or wholesale) Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate Amount $1,110,000 0.375% 0.75% $360,000 $20 million 0.331% 2015 Item No Tax Due Threshold Tax Rate (retail or wholesale) Tax Rate (other than retail or wholesale) Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate Amount $1,080,000 0.475% 0.95% $350,000 $10 million 0.575% 2014 Item No Tax Due Threshold Tax Rate (retail or wholesale) Tax Rate (other than retail or wholesale) Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate Amount $1,080,000 0.4875% 0.975% $350,000 $10 million 0.575% 2012 and 2013 Item https://comptroller.texas.gov/taxes/franchise/ Amount 3/5 10/25/21, 8:25 PM No Tax Due Threshold Franchise Tax $1,030,000 Tax Rate (retail or wholesale) 0.5% Tax Rate (other than retail or wholesale) 1.0% Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate $330,000 $10 million 0.575% 2010 and 2011 Item No Tax Due Threshold Amount $1,000,000 Tax Rate (retail or wholesale) 0.5% Tax Rate (other than retail or wholesale) 1.0% Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate $320,000 $10 million 0.575% 2008 and 2009 Item No Tax Due Threshold Amount $300,000 Tax Rate (retail or wholesale) 0.5% Tax Rate (other than retail or wholesale) 1.0% Compensation Deduction Limit EZ Computation Total Revenue Threshold EZ Computation Rate $300,000 $10 million 0.575% Due Dates Annual Franchise Tax Reports The annual franchise tax report is due May 15. If May 15 falls on a weekend or holiday, the due date will be the next business day. Final Franchise Tax Reports Before getting a Certificate of Account Status to terminate, convert, merge or withdraw registration with the Texas Secretary of StateExternal Link: undefined: https://comptroller.texas.gov/taxes/franchise/ 4/5 10/25/21, 8:25 PM Franchise Tax A Texas entity, terminating, converting or merging, must file its final tax report and pay any amount due in the year it plans to terminate, convert or merge. An out-of-state entity, ending its nexus in Texas, must file its final report and pay any amount due within 60 days of ceasing to have nexus. Penalties and Interest Penalties A $50 penalty is assessed on each report filed after the due date. If tax is paid 1-30 days after the due date, a 5 percent penalty is assessed. If tax is paid over 30 days after the due date, a 10 percent penalty is assessed. Interest Past due taxes are charged interest beginning 61 days after the due date. To calculate interest on past due taxes, visit Interest Owed and Earned [comptroller.texas.gov/taxes/filepay/interest.php]. Additional Resources Franchise Tax – Reasons We Send Courtesy or Statutory Notices [comptroller.texas.gov/taxes/franchise/notices.php] Franchise Tax Refunds [comptroller.texas.gov/taxes/franchise/refunds.php] Franchise Tax Credits [comptroller.texas.gov/taxes/franchise/credits.php] Franchise Tax Online Calculator [comptroller.texas.gov/forms/hb3calc.pdf] Look Up NAICS CodesExternal Link: undefined Look Up SIC CodesExternal Link: undefined New Veteran-Owned Businesses and Texas Franchise Tax [comptroller.texas.gov/taxes/franchise/veteran-business.php] https://comptroller.texas.gov/taxes/franchise/ 5/5