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Texas Tax Code Section 171.001 imposes franchise tax on each taxable entity that is formed in or doing business in this state. All taxable entities must file completed franchise tax and information reports each year.
Franchise tax is based on a taxable entity's margin. Unless a taxable entity qualifies and chooses to file using the EZ computation, the tax base is the taxable entity's margin and is computed in one of the following ways: total revenue times 70 percent; total revenue minus cost of goods sold (COGS);
File Form 01-114, Texas Sales and Use Tax Return (PDF) if you have zero total sales, zero taxable sales and zero tax due. File a past due sales tax report if you received an estimated billing but had no sales for that period. Change your filing status from monthly to quarterly, or quarterly to yearly, if eligible.
Use franchise tax Webfile or file Form 05-164, Texas Franchise Tax Extension Request, along with the appropriate payment, on or before the original due date of the report. The extension payment must be at least 90 percent of the tax that will be due with the report filed on or before Nov.
A $50 late filing fee/penalty may be assessed on returns filed after the due date. See Late Filing Penalties (PDF). A 5 percent penalty is assessed on tax due the day after the due date, and a second 5 percent penalty is assessed on tax due the 31st day after the due date.