Texas Franchise Tax: Margin Tax Rates & Computation Methods

Margin Tax - Not Income Tax • 0.75% / 0.375% Rates • $2.47M No-Tax-Due • 4 Computation Methods
TX Tax Code §171Texas Comptroller Rule 3.586TX Tax Code §171.1011
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Texas has no individual income tax and no corporate income tax - but it has the franchise tax, officially called the "margin tax," which applies to the privilege of doing business in Texas. The margin tax is not based on profit - it is based on taxable margin, computed as revenue minus one of four deduction options. A business that loses money can still owe Texas franchise tax. The no-tax-due threshold of $2.47 million in 2026 exempts most small businesses, but companies above that threshold must navigate four different computation methods to find the one that produces the lowest liability.

Texas Franchise Tax: Key Numbers for 2026

No-tax-due threshold: $2,470,000 in total revenue for 2026 (indexed). Entities below this threshold file a no-tax-due report but owe no tax.

Standard rate: 0.75% of taxable margin for most taxable entities.

Retail/wholesale rate: 0.375% for entities primarily engaged in retail or wholesale trade (more than 50% of revenue from retail/wholesale).

EZ computation: 0.331% of total revenue (no margin deduction). Available to entities with total revenue under $20 million. Simplest method but may not be lowest.

The Four Margin Computation Methods

Taxable margin equals total revenue minus one of the following four deductions - the taxpayer chooses the method that produces the lowest margin (and lowest tax):

Method 1 - COGS deduction: Total revenue minus cost of goods sold. COGS is defined broadly for Texas purposes - it includes materials, labor, overhead allocated to production, depreciation on production equipment, and certain other costs directly related to goods. Service businesses typically have minimal COGS and cannot use this method effectively.

Method 2 - Compensation deduction: Total revenue minus compensation paid to employees and officers, capped at $400,000 per employee/officer. Compensation includes wages, salaries, benefits, and retirement plan contributions. Service businesses and professional firms with significant payroll use this method most frequently.

Method 3 - 30% of revenue: Total revenue multiplied by 70% (i.e., deduct 30% of revenue). Simple, predictable, and often the best method for businesses with both significant COGS and significant compensation.

Method 4 - EZ computation: 0.331% of total revenue without any margin deduction. Only available for entities with total revenue under $20 million.

Run all four methods before filing - the spread can be significant. A professional services firm with $5 million in revenue and $3 million in compensation would pay: Method 1 (COGS) - tax on ~$4.8M margin = $36,000. Method 2 (comp) - tax on $2M margin = $15,000. Method 3 (30%) - tax on $3.5M margin = $26,250. The compensation deduction wins by $21,000 over the COGS method in this example. The Texas Comptroller's online filing system calculates all methods automatically, but advisors should verify the computation.

Who Pays: Taxable Entities

Most entities doing business in Texas are taxable entities subject to the franchise tax: corporations, LLCs, partnerships, business trusts, and professional associations. Sole proprietorships are not taxable entities. Key exemptions: passive entities (entities whose activity consists of receiving at least 90% of their gross income from passive sources - dividends, interest, capital gains, rents from real property - are exempt from franchise tax); general partnerships where all partners are natural persons; and certain qualifying nonprofit organizations.

Combined Reporting for Affiliated Groups

Texas requires combined reporting for affiliated groups - entities that are part of the same affiliated group must file a combined franchise tax report. The group includes all entities in which the parent owns more than 50% directly or indirectly. Combined reporting prevents income shifting within an affiliated group and ensures that all Texas-apportioned income of the group is subject to franchise tax. The combined group uses a single apportionment factor based on Texas gross receipts divided by total gross receipts of the group.

Authority: Texas Tax Code §171.001 (franchise tax imposed - on each taxable entity that does business in Texas or is chartered or organized in Texas); Texas Tax Code §171.0001 (taxable entity defined - includes corporations, LLCs, partnerships, business trusts; excludes sole proprietorships, passive entities meeting 90% passive income test, general partnerships of natural persons); Texas Tax Code §171.1011 (total revenue defined - for franchise tax purposes; receipts from Texas and non-Texas sources before apportionment; broad definition); Texas Tax Code §171.101 (taxable margin computation - four methods; COGS deduction, compensation deduction, 70% of revenue, EZ computation); Texas Tax Code §171.1013 (cost of goods sold deduction - broad definition including materials, labor, overhead; available only to entities selling tangible personal property or services closely related to goods); Texas Tax Code §171.1014 (compensation deduction - wages, salaries, benefits; $400,000 per person cap); Texas Tax Code §171.002 (rates - 0.75% standard; 0.375% retail/wholesale; EZ computation at 0.331%); Texas Comptroller Rule 3.591 (passive entities - 90% passive income test; exempt from franchise tax); Texas Comptroller Rule 3.590 (combined reporting - affiliated groups; more than 50% common ownership; single apportionment factor; prevents income shifting); Texas Tax Code §171.002(d) (no-tax-due threshold - $2,470,000 for 2026; indexed for inflation; entities below threshold file report but owe no tax).