|Has owner=Cindy Ryoo
|Has start date=October 30, 2017
|Has keywords=Texas, franchise tax, small businesses, Greg Abbott
|Has project status=Active
|Has notes=Sources: Texas Taxpayers and Research Association (TTARA), NOLO
}}
The Texas Franchise Tax is a business tax imposed on all companies and corporations in return for state liability protections. In 2006, the tax was rewritten in attempts to raise annual state revenue. Despite negative effects on large corporations, these changes seem to have a positive effect for small businesses.
=Overview=
==History=====What is the Texas Franchise Tax?=Summary==The Texas Franchise Tax, commonly known as the "margin" tax, is a business tax that has been in place in Texas since the 1880s. Businesses are required to pay this tax as a fee to the state imposed on all companies and corporations in return for state liability protections under state law that allow them to be legal, separate entities from for doing business in the state. For most of the 1900sIn 2006, the amount paid by the business depended on its net taxable capital (taxable capital gain minus loss, such as debt). But in 1991, the franchise tax was changed rewritten in attempts to include "earned surplusraise annual state revenue. In 2015," which not only includes company profits but also compensation for directors and officersGovernor Greg Abbott signed a legislative bill to decrease tax rates by 25%.
=History===What is the Texas Franchise Tax?==The Texas Franchise Tax, commonly known as the "margin" tax, is a business tax that has been in place in Texas since the 1880s. Businesses are required to pay this tax as a fee in return for liability protections under state law that allow them to be legal, separate entities from the state. It is also known as the "privilege" tax, to signify the "privilege" of doing business within the state. For most of the 1900s, the amount paid by the business depended on its net taxable capital (taxable capital gain minus loss, such as debt). But in 1991, the franchise tax was changed to include "earned surplus," which not only includes company profits but also compensation for directors and officers. The Texas Franchise tax is based off of specific rates of a business' taxable margin rather than a minimum amount. The taxable margin must include at least one of the following:*** =Recent Changes to the Franchise Tax in ===2006===
In 2006, Texas lawmakers made radical changes to the Franchise Tax in an attempt to raise revenues. According to the Texas Taxpayers and Research Association (TTARA), the franchise tax was rewritten with following policy goals in mind:
*align the tax with a modern economy
*eliminate tax planning opportunities
*raise roughly $3 billion in new state revenue annually
Before these sweeping changes, the franchise tax only applied to corporations and limited liability companies (LLC). After 2006, the tax not only extended to partnerships and professional associations but also became a mixture of a tax on gross receipts as well as income, without fulling transforming into either of the two types of taxes. [] ==2015==In 2015, Governor Greg Abbott signed into law the legislative bill HB 32 that decreases tax rates by 25% starting from January 1, 2016. For tax reports due on or after January 1, 2016, these changes reduce rates of the franchise tax:**from 0.5% to 0.375% of taxable margin for retail and wholesale companies, regardless of size of business**from 1% to 0.75% of taxable margin for other taxpaying corporations Before this bill was signed into law, tax rates in 2015 were temporarily lowered to:**0.475% of taxable margin for retail and wholesale companies**0.95% of taxable margin for other taxpaying corporations The HB 32 bill also sets an EX tax rate of 0.331% ==Competitive Advantages of Business in Texas==Texas fosters a favorable tax environment by enforcing franchise taxes that are significantly lower than those of other states and not imposing a personal income tax. This is especially helpful for small businesses that are struggling to establish themselves and grow in their first years. Business that earn less than $20 million in annual revenue can instead file taxes through an E-Z Computation Form that has a further reduced tax rate than the normal franchise tax. Furthermore, Texas has a no-tax-due threshold of $1.1 million; this means that businesses that have a total annual revenue of less than or equal to $1.1 million are not required to pay any franchise taxes.
=Sources=
*TTARA: http://www.ttara.org/files/document/file-4ea5bda9239ef.pdf
*NOLO: https://www.nolo.com/legal-encyclopedia/texas-state-income-tax.html
*PWC: https://www.pwc.com/us/en/state-local-tax/newsletters/salt-insights/exas-enacts-permanent-franchise-tax-rate-reduction.html
*Texas Legislature Online: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB32
*Investopedia: http://www.investopedia.com/articles/personal-finance/101415/taxes-texas-small-business-basics.asp
*Comptroller: https://comptroller.texas.gov/taxes/franchise/