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Connect with a TaxPro →Texas LLCs and partnerships that are subject to the Texas franchise tax (also called the margin tax) file Form 05-158 (Texas Franchise Tax Report) with the Texas Comptroller of Public Accounts. The franchise tax report is due May 15, 2026, and an extension to November 15, 2026 is available by filing Form 05-164. Texas does not impose a personal income tax, so LLC members and partners pay no Texas income tax on their distributive share of LLC or partnership income. The franchise tax applies at the entity level based on Texas gross margin.
File Form 05-164 (Texas Franchise Tax Extension Request) before May 15, 2026 to extend the Texas franchise tax report to November 15, 2026. Pay at least 90% of franchise tax owed by May 15, 2026 through WebFile or by mailing a payment to: Texas Comptroller of Public Accounts, PO Box 149348, Austin, TX 78714-9348. Texas franchise tax applies to most LLCs and partnerships with Texas nexus–the no-tax-due threshold for 2025 is $2.47 million in Texas revenues. LLCs below this threshold still file a No Tax Due report but owe no franchise tax. The Texas franchise tax is calculated using the lesser of: 70% of total revenue, total revenue minus cost of goods sold, total revenue minus compensation, or total revenue multiplied by 30%–this is the "margin" used as the taxable base.
LLC / Partnership returns carry unique complexities – a licensed CPA or Enrolled Agent can navigate the details and ensure your Texas return is filed accurately and on time.
Texas requires online payment for tax amounts of $1,000 or more. Submit electronically via the Texas Online Tax Extension Payment portal. For amounts under $1,000, complete TX Franchise Tax Extension Request and mail with your payment.
Submit electronically through the Texas Online Tax Extension Payment system. Required for all payments $1,000 and above.
Download TX Franchise Tax Extension Request and mail with your check or money order. Include your EIN and tax year on the check.
| Penalty Type | Amount |
|---|---|
| Failure to File | 5% of tax due (10% if over 30 days late) |
| Failure to Pay | 5% of tax due per month, up to 25% |
| State Abbreviation | TX |
| Entity Type | LLC / Partnership |
| Extension Status | Automatic with approved IRS Form 7004 |
| Original Filing Deadline | May 15, 2026 |
| Extended Filing Deadline | November 15, 2026 |
| Payment Due | May 15, 2026 (100% of tax owed) |
| Payment Form | TX Franchise Tax Extension Request |
| Online Payment | Texas Online Tax Extension Payment |
| State Agency | Texas Comptroller of Public Accounts |
| Failure to File Penalty | 5% of tax due (10% if over 30 days late) |
| Failure to Pay Penalty | 5% of tax due per month, up to 25% |
Texas S corporations subject to the Texas franchise tax (margin tax) file Form 05-158 (Texas Franchise Tax Report) with the Texas Comptroller of Public Accounts. The franchise tax report is due May 15, 2026, and an extension to November 15, 2026 is available by filing Form 05-164. Texas does not impose a personal income tax, so Texas S corporation shareholders pay no Texas income tax on their pass-through share of S corporation income. The Texas franchise tax is an entity-level tax based on gross margin–it applies to the S corporation itself, not its shareholders.
File Form 05-164 (Texas Franchise Tax Extension Request) before May 15, 2026 to extend the Texas franchise tax report to November 15, 2026. Pay at least 90% of franchise tax owed by May 15, 2026 through WebFile or by mailing a payment to: Texas Comptroller of Public Accounts, PO Box 149348, Austin, TX 78714-9348. Texas S corporations compute franchise tax using the same margin formula as other taxable entities–the federal S election does not affect the Texas franchise tax calculation. The no-tax-due threshold for 2025 is $2.47 million in Texas revenues–S corporations below this threshold file a No Tax Due report (Form 05-163) with no payment due.
S Corporation returns carry unique complexities – a licensed CPA or Enrolled Agent can navigate the details and ensure your Texas return is filed accurately and on time.
Texas requires online payment for tax amounts of $1,000 or more. Submit electronically via the Texas Online Tax Extension Payment portal. For amounts under $1,000, complete TX Franchise Tax Extension Request and mail with your payment.
Submit electronically through the Texas Online Tax Extension Payment system. Required for all payments $1,000 and above.
Download TX Franchise Tax Extension Request and mail with your check or money order. Include your EIN and tax year on the check.
| Penalty Type | Amount |
|---|---|
| Failure to File | 5% of tax due (10% if over 30 days late) |
| Failure to Pay | 5% of tax due per month, up to 25% |
| State Abbreviation | TX |
| Entity Type | S Corporation |
| Extension Status | Automatic with approved IRS Form 7004 |
| Original Filing Deadline | May 15, 2026 |
| Extended Filing Deadline | November 15, 2026 |
| Payment Due | May 15, 2026 (100% of tax owed) |
| Payment Form | TX Franchise Tax Extension Request |
| Online Payment | Texas Online Tax Extension Payment |
| State Agency | Texas Comptroller of Public Accounts |
| Failure to File Penalty | 5% of tax due (10% if over 30 days late) |
| Failure to Pay Penalty | 5% of tax due per month, up to 25% |
Texas C corporations subject to the Texas franchise tax (margin tax) file Form 05-158 (Texas Franchise Tax Report) with the Texas Comptroller of Public Accounts. The franchise tax report is due May 15, 2026, and an extension to November 15, 2026 is available by filing Form 05-164. Texas does not impose a corporate income tax–the franchise tax is based on Texas gross margin, not net income. C corporations above the no-tax-due threshold ($2.47 million in Texas revenues for 2025) must compute and pay Texas franchise tax regardless of federal taxable income.
File Form 05-164 (Texas Franchise Tax Extension Request) before May 15, 2026 to extend the Texas franchise tax report to November 15, 2026. Pay at least 90% of franchise tax owed by May 15, 2026 through WebFile or by mailing a payment to: Texas Comptroller of Public Accounts, PO Box 149348, Austin, TX 78714-9348. Texas C corporations compute franchise tax using the lesser of: 70% of total revenue, total revenue minus cost of goods sold, total revenue minus compensation, or total revenue multiplied by 30%–the result is the taxable margin, taxed at 0.75% (or 0.375% for qualifying retailers and wholesalers). A C corporation that is unprofitable for federal income tax purposes may still owe Texas franchise tax if it has positive Texas gross margin.
C Corporation returns carry unique complexities – a licensed CPA or Enrolled Agent can navigate the details and ensure your Texas return is filed accurately and on time.
Texas requires online payment for tax amounts of $1,000 or more. Submit electronically via the Texas Online Tax Extension Payment portal. For amounts under $1,000, complete TX Franchise Tax Extension Request and mail with your payment.
Submit electronically through the Texas Online Tax Extension Payment system. Required for all payments $1,000 and above.
Download TX Franchise Tax Extension Request and mail with your check or money order. Include your EIN and tax year on the check.
| Penalty Type | Amount |
|---|---|
| Failure to File | 5% of tax due (10% if over 30 days late) |
| Failure to Pay | 5% of tax due per month, up to 25% |
| State Abbreviation | TX |
| Entity Type | C Corporation |
| Extension Status | Automatic with approved IRS Form 7004 |
| Original Filing Deadline | May 15, 2026 |
| Extended Filing Deadline | November 15, 2026 |
| Payment Due | May 15, 2026 (100% of tax owed) |
| Payment Form | TX Franchise Tax Extension Request |
| Online Payment | Texas Online Tax Extension Payment |
| State Agency | Texas Comptroller of Public Accounts |
| Failure to File Penalty | 5% of tax due (10% if over 30 days late) |
| Failure to Pay Penalty | 5% of tax due per month, up to 25% |
Texas does not impose a state income tax on trusts or estates. There is no Texas fiduciary income tax return to file, and no Texas income tax extension to request for fiduciary returns. Trusts and estates administered in Texas, and Texas-resident beneficiaries, owe no Texas income tax on trust or estate income. Texas's absence of an individual and fiduciary income tax makes it a favorable jurisdiction for trust formation and administration.
Texas trusts and estates have no Texas income tax return obligation. Trusts that operate a trade or business in Texas with Texas gross revenues above the no-tax-due threshold ($2.47 million for 2025) may be subject to Texas franchise tax. Grantor trusts and simple trusts that hold only investment assets are generally not subject to Texas franchise tax–but trusts engaged in Texas business activities should confirm franchise tax applicability with the Texas Comptroller of Public Accounts before May 15, 2026. Texas also imposes no estate or inheritance tax, making it a favorable state for estate planning and trust administration.
Fiduciary returns carry unique complexities – a licensed CPA or Enrolled Agent can navigate the details and ensure your Texas return is filed accurately and on time.
Texas requires online payment for tax amounts of $1,000 or more. Submit electronically via the Texas Online Tax Extension Payment portal. For amounts under $1,000, complete No Extension Required — No TX Fiduciary Income Tax and mail with your payment.
Submit electronically through the Texas Online Tax Extension Payment system. Required for all payments $1,000 and above.
Download No Extension Required — No TX Fiduciary Income Tax and mail with your check or money order. Include your EIN and tax year on the check.
| Penalty Type | Amount |
|---|---|
| Failure to File | N/A — No Texas fiduciary income tax |
| Failure to Pay | N/A — No Texas fiduciary income tax |
| State Abbreviation | TX |
| Entity Type | Fiduciary |
| Extension Status | No Texas fiduciary income tax — no state extension required |
| Original Filing Deadline | No State Income Tax |
| Extended Filing Deadline | No Return Required |
| Payment Due | No State Income Tax |
| Payment Form | No Extension Required — No TX Fiduciary Income Tax |
| Online Payment | Texas Online Tax Extension Payment |
| State Agency | Texas Comptroller of Public Accounts |
| Failure to File Penalty | N/A — No Texas fiduciary income tax |
| Failure to Pay Penalty | N/A — No Texas fiduciary income tax |
Work with a U.S.-based CPA or Enrolled Agent who knows Texas business taxes – secure upload, upfront pricing, and on-time filing.
Connect with a TaxPro →