LLC Taxes & FeesTX

Texas LLC Taxes: The Franchise Tax and the "No Income Tax" Myth

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7 min read1,450 words
DR
CPA · Small Business Compliance Specialist

Quick Answer

Short version: Texas has no state income tax, so your LLC's profit is never taxed at the state level the way it would be in California or New York. But Texas does have a separate tax — the franchise tax — based on revenue, not income. For the 2026 and 2027 reports, the Texas Comptroller sets the No Tax Due threshold at $2,650,000 in annualized total revenue. Under that, you owe $0 franchise tax. Over it, the rate is 0.375% (retail/wholesale) or 0.75% (other businesses) on taxable margin. Every LLC still has to file with the Comptroller by May 15 each year, whether tax is owed or not — "no income tax" does not mean "nothing to file."

Key Takeaways

  • Texas has no state income tax on individuals or LLC profit — that part of the reputation is accurate
  • The franchise tax is a separate, revenue-based tax — not an income tax, and not optional to check
  • No Tax Due threshold for the 2026 and 2027 reports: $2,650,000 in annualized total revenue
  • Below that threshold: $0 franchise tax owed
  • Above it: 0.375% (retail/wholesale) or 0.75% (other businesses) on taxable margin
  • The franchise tax report is due May 15 every year — filing is required even when the tax owed is $0
  • Texas sales tax (if you sell taxable goods/services) is a separate 6.25% state rate, up to 8.25% combined with local
ItemCost/DetailsNotes
State income tax (individual or LLC profit)$0Texas has none
No Tax Due Threshold (2026 & 2027 reports)$2,650,000Annualized total revenue, at/under = $0 franchise tax
Franchise tax rate — retail/wholesale0.375%On taxable margin, above threshold
Franchise tax rate — other businesses0.75%On taxable margin, above threshold
Franchise tax report due dateMay 15Filing required even at $0 owed
State sales tax rate6.25%On taxable retail sales, leases, rentals
Maximum combined sales tax (state + local)8.25%Local add-on capped at 2%

The Myth: "Texas LLCs Pay No Tax"

If you're forming an LLC in Texas partly because you've heard "no taxes," you're half right. Texas really does have no state income tax — that part of its reputation is accurate, and it's a genuine advantage over states like California or New York. But "no income tax" is not the same as "no tax obligations." Texas has a separate tax on doing business here, and skipping it because you assumed Texas doesn't tax anything is a real, avoidable mistake.

The short version: no state income tax on your LLC's profit, but yes to a revenue-based franchise tax that most small LLCs end up owing $0 on — after they still file the report.

What the Franchise Tax Actually Is

Texas's franchise tax isn't a tax on your LLC's net profit — it's a tax on "taxable margin," a modified revenue calculation, applied to the privilege of doing business in Texas. That distinction matters: a business can be unprofitable in a given year and still, in theory, owe franchise tax, because the tax is keyed to revenue rather than what's left over after expenses.

The Texas Comptroller's franchise tax page, read September 15, 2026, gives the rates directly: 0.375% for retail and wholesale businesses, and 0.75% for every other type of business, applied to taxable margin once you're above the No Tax Due threshold.

The $2.65M No Tax Due Threshold

Direct from the Comptroller (read September 15, 2026):

"For 2026 and 2027, the No Tax Due total revenue threshold is $2,650,000." An LLC with annualized total revenue at or under that amount owes $0 franchise tax.

Most small businesses land under this line, which is exactly why the "Texas has no taxes" idea sticks — for a lot of LLCs, the actual bill really is $0. The threshold moves periodically (it was lower in earlier report years), so it's worth confirming the current figure on the Comptroller's site each filing season rather than assuming last year's number still applies.

The May 15 Deadline — File Even at $0

This is the part the "no taxes" myth causes real damage on. The Comptroller's franchise tax page, read September 15, 2026, states plainly: "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." That due date applies whether you owe $2,650,001 or $0.

The mistake to avoid: assuming that because your LLC will owe $0, there's nothing to file by May 15. The report itself is still required. Miss it, and the Comptroller's penalties and eventual forfeiture process apply the same as if tax were owed — see our guide to a late Texas franchise tax report for the exact timeline if you're already past due.

For the mechanics of actually filing the report and the Public Information Report that goes with it, see Texas LLC Annual Report 2026: PIR & Franchise Tax Due May 15.

What "No Income Tax" Really Covers

"No state income tax" is a specific, narrow claim, and it's worth being precise about what it does and doesn't cover:

  • Covered: Texas does not tax your LLC's profit at the state level, whether it passes through to you personally or stays in the business.
  • Not covered: Federal income tax still applies to that same profit, reported normally for your LLC's federal tax classification.
  • Not covered: The franchise tax, which is a revenue-based tax, not an income tax — the two are legally and functionally separate.
  • Not covered: Sales tax, local property tax, and employment taxes, none of which are income taxes.

Put together: the "no income tax" reputation is true and it is a real savings compared to high-income-tax states, but it describes one tax out of several a Texas LLC may encounter — not a blanket exemption.

Sales Tax and Registration Fees

Two more things readers searching for "Texas business registration fees" usually want to know, neither of which is the franchise tax:

Sales Tax (If You Sell Taxable Goods or Services)

The Texas Comptroller's sales tax page, read September 15, 2026, states: "Texas imposes a 6.25 percent state sales and use tax on all retail sales, leases and rentals of most goods, as well as taxable services." The same page confirms local jurisdictions can add up to 2% more, for a combined maximum of 8.25%. This only applies if your LLC actually sells taxable goods or services — it's unrelated to the franchise tax and requires its own registration with the Comptroller if it applies to you.

The One-Time Registration Fee

"Registration fees" and "taxes" are two different things, and it's an easy mix-up. Forming the LLC itself means filing a Certificate of Formation with the Texas Secretary of State — a one-time fee, not a tax, and not billed again in future years. It has no connection to the franchise tax threshold above. For the current filing fee and how to pay it, see our Texas LLC Certificate of Formation fee guide.

Bottom Line

Bottom line: Texas really does not tax your LLC's income at the state level. It does have a separate, revenue-based franchise tax that most small LLCs owe $0 on under the $2,650,000 threshold — but "owe $0" still means "file the report," every year, by May 15. The safest way to read "Texas has no business taxes" is: no income tax, one revenue tax to check every year, and a real deadline attached to it either way.

For the full annual cost picture — formation fee, franchise tax, and the Public Information Report all in one table — see Texas LLC Costs 2026. To keep the LLC itself in good standing beyond taxes, check Texas registered agent requirements.

Frequently Asked Questions

Is it true that Texas LLCs don't pay any taxes?

Not quite. It's true Texas has no state income tax, so LLC profit passed through to the owners isn't taxed at the state level. But Texas has a separate tax called the franchise tax, based on revenue rather than profit. Most small LLCs owe $0 because their revenue falls under the No Tax Due threshold, but "usually $0" is different from "never taxed and never filed."

What is the Texas franchise tax, exactly?

It's a tax on doing business in Texas, calculated on "taxable margin" (a modified revenue figure), not on net income. The Texas Comptroller's franchise tax page, read September 15, 2026, lists the rate as 0.375% for retail and wholesale businesses and 0.75% for other businesses, applied above the No Tax Due threshold.

What is the No Tax Due threshold for 2026?

The Comptroller's franchise tax page, read September 15, 2026, states the No Tax Due total revenue threshold for the 2026 and 2027 report years is $2,650,000. An LLC with annualized total revenue at or under that figure owes $0 in franchise tax.

Do I still have to file anything if my LLC owes $0 franchise tax?

Yes. The same Comptroller page confirms the annual franchise tax report is due May 15 each year, and filing is required regardless of whether tax is owed. Skipping the filing because the tax bill would be $0 is one of the more common — and avoidable — compliance mistakes.

Does "no state income tax" cover federal taxes too?

No. "No state income tax" means Texas itself doesn't tax your LLC's profit. You still owe federal income tax on that same profit, reported the normal way for your LLC's tax classification. Texas's no-income-tax status only removes the state-level layer.

What other Texas taxes might apply to my LLC?

If you sell taxable goods or services, Texas sales tax applies: a 6.25% state rate, with local jurisdictions able to add up to 2% more for a combined maximum of 8.25%, per the Comptroller's sales tax page read September 15, 2026. Employers also owe state unemployment tax. Neither of those is the franchise tax — they're separate obligations layered on top.

Official Source

For the most up-to-date information, always verify requirements with the official Texas Secretary of State website:

https://comptroller.texas.gov

Important Disclaimer

This article is for informational purposes only and does not constitute legal advice. LLC requirements, fees, and deadlines change frequently. Always verify current requirements with your state's Secretary of State office before making business decisions.

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