Texas State Tax Guide

Texas Tax Guide for Startups

No personal income tax, 0.75% franchise tax, $1.23M exemption threshold, 6.25% sales tax, and why Tesla, Oracle, and thousands of tech companies are relocating to Texas.

Updated October 2024 • 23 min read

Texas Tax Quick Facts

0%

Personal Income Tax

0.75%

Franchise Tax Rate

$1.23M

Exemption Threshold

6.25%

Base Sales Tax

Why Tech Companies Are Moving to Texas

The Texas Tech Boom

Texas has become the #2 destination for tech startups and relocations after California. Tesla, Oracle, HP, and thousands of startups have moved headquarters or significant operations to Texas, primarily Austin.

$18B+
Annual VC Investment
#2
Tech Ecosystem
5,000+
Austin Startups

Major Advantages

  • • No personal income tax (0%!)
  • • No corporate income tax
  • • Low franchise tax (0.75% on margin)
  • • $1.23M revenue exemption threshold
  • • Lower cost of living vs. CA/NY
  • • Business-friendly regulatory environment
  • • No inventory tax
  • • Aggressive economic development incentives

Considerations

  • • No state R&D tax credit
  • • Higher property taxes than CA
  • • Sales tax on some services
  • • Less venture capital than CA/NY
  • • Smaller talent pool (growing fast)
  • • Must still pay CA taxes if have CA nexus

The Tax Savings Story

Example: Founder earning $300K/year moves from California to Texas:

California state tax on $300K:~$28,000/year
Texas state tax on $300K:$0
Annual Savings:$28,000
10-Year Savings:$280,000+

Texas Franchise Tax (Margin Tax)

0.75% on Taxable Margin

Texas doesn't have corporate income tax, but it does have a "franchise tax" (also called margin tax). It's 0.75% for most businesses, with a $1.23M revenue exemption threshold.

Who Pays Franchise Tax?

Exempt (No Filing Required)

  • • Total revenue under $1.23M (2024 threshold)
  • • Sole proprietorships
  • • General partnerships (with some exceptions)
  • • Passive entities (only investment income)

Most early startups owe $0!

Must File (If Revenue > $1.23M)

  • • Corporations (C-corp, S-corp)
  • • LLCs
  • • Limited partnerships
  • • Professional associations
  • • Business trusts

Franchise Tax Rates

Business TypeRate
Most businesses0.75%
Retail/wholesale0.375%
Revenue under $1.23M$0 (exempt)
Revenue $1.23M - $20MReduced rate (EZ computation)

How Margin is Calculated

"Taxable margin" isn't profit—it's calculated using one of four methods. You choose the method that gives you the lowest tax:

1. Total Revenue - COGS

Cost of goods sold deduction (best for product companies)

2. Total Revenue - Compensation

Deduct wages/salaries up to $400K per person (best for service/SaaS)

3. Total Revenue × 70%

Simple calculation, no deductions needed

4. Total Revenue - $1M

Flat $1M deduction (EZ computation for revenue $1.23M-$20M)

Calculation Examples

Example 1: SaaS Startup ($3M revenue, $2M payroll)

Method 2: Revenue - Compensation (best for SaaS)

Total revenue:$3,000,000
Compensation (capped $400K/person):$1,600,000
Taxable margin:$1,400,000
Franchise tax rate:× 0.75%
TX Franchise Tax:$10,500
Example 2: Early Startup ($800K revenue)
Total revenue:$800,000
Exemption threshold:$1,230,000
TX Franchise Tax:$0 (exempt!)

No filing required if revenue under $1.23M

Example 3: Growing Startup ($2M revenue, $1.5M expenses)

Method 4: EZ Computation (revenue $1.23M-$20M)

Total revenue:$2,000,000
Less: $1M deduction:($1,000,000)
Taxable margin:$1,000,000
Franchise tax rate:× 0.75%
TX Franchise Tax:$7,500

No Personal Income Tax

0% State Income Tax on Personal Income

Texas is one of nine states with NO personal income tax. This is the single biggest reason founders and employees relocate from high-tax states.

What This Means

  • • No state tax on salary or wages
  • • No state tax on capital gains (stock sales)
  • • No state tax on stock option exercises
  • • No state tax on QSBS gains (already 0% federal)
  • • No state tax on investment income
  • • Texas constitutional amendment prohibits income tax

Tax Savings Comparison

$150K Salary
Federal:~$28K
California:~$11K
Texas:$0
Annual Savings:$11K
$300K Salary
Federal:~$75K
California:~$28K
Texas:$0
Annual Savings:$28K
$10M Stock Exit
Federal (QSBS):$0
California:$1.33M
Texas:$0
Exit Savings:$1.33M

Constitutional Protection

In 2019, Texas voters approved a constitutional amendment prohibiting the state from enacting an income tax without voter approval. This provides long-term certainty that income will remain untaxed in Texas.

Texas Sales and Use Tax

6.25% State Rate + Local

Texas has a 6.25% state sales tax, with localities adding up to 2% more. Total rates range from 6.25% to 8.25%.

6.25%
State Rate
8.25%
Max Combined
$500K
Economic Nexus

Sales Tax by Major City

CityTotal RateBreakdown
Austin8.25%6.25% state + 2% local
Dallas8.25%6.25% state + 2% local
Houston8.25%6.25% state + 2% local
San Antonio8.25%6.25% state + 2% local

What's Taxable for SaaS?

Generally Exempt

  • • True SaaS (cloud-based access)
  • • Information services
  • • Data processing services
  • • Most professional services

Note: Texas is generally SaaS-friendly for sales tax

Generally Taxable

  • • Downloaded software
  • • Custom software sold on media
  • • Tangible personal property
  • • Some digital products

Relocating from California to Texas

The Great Tech Migration

Thousands of tech workers and companies have relocated from California to Texas in recent years. Tesla, Oracle, HP Enterprise, and countless startups have made the move.

Tax Savings Breakdown

Example: Startup with 10 employees relocating CA → TX

California Annual Costs
CA franchise tax (min):$800
CA corp tax on $500K income (8.84%):$44,200
Founder personal tax on $300K (avg ~10%):$30,000
10 employees avg $20K state tax each:$200,000
Total CA Taxes:$275,000
Texas Annual Costs
TX franchise tax (0.75% on margin):~$5,000
Founder personal tax:$0
10 employees personal tax:$0
Total TX Taxes:$5,000
Annual Tax Savings:$270,000

That's $2.7M saved over 10 years—enough to hire 2-3 more engineers!

How to Establish TX Residency

Requirements to Leave CA Tax Jurisdiction

California aggressively audits people claiming to move. You must truly relocate, not just claim TX residency:

  • • Physically move to Texas (spend majority of time there)
  • • Get TX driver's license within 90 days
  • • Register to vote in Texas
  • • File TX Declaration of Domicile
  • • Update all professional licenses to TX
  • • Move bank accounts, credit cards to TX addresses
  • • Join TX clubs, organizations (establish ties)
  • • Move valuable property (cars, boats) to TX
  • • Keep detailed records of time spent in each state

Warning: CA Will Audit High-Earners

California's Franchise Tax Board aggressively audits high-income individuals claiming to move out of state. They look at cell phone records, credit card statements, social media, and more. Document everything and truly relocate—don't just pretend.

Texas Economic Development Incentives

Business-Friendly Incentive Programs

Texas offers aggressive tax incentives to attract and retain businesses, especially in tech and manufacturing.

Texas Enterprise Fund

Cash grants to companies creating significant jobs. Used to attract major relocations like Tesla, Oracle.

  • • Negotiable based on job creation
  • • Can be $millions for large projects
  • • Requires maintaining employment levels

Chapter 313 Tax Abatement (sunset 2024, legacy deals continue)

Property tax abatements for qualifying projects. Many tech companies used this for data centers.

Skills Development Fund

Grants for employee training programs. Tech companies can get funding to train new hires.

Research & Development Sales Tax Exemption

Qualified R&D purchases exempt from sales tax. Includes equipment, software, and supplies used in R&D.

Texas Nexus Rules

When You Have Texas Tax Obligations

Understanding nexus is critical—you may owe TX taxes even if not based in Texas.

Franchise Tax Nexus

  • • Incorporated or organized in Texas
  • • Doing business in Texas (physical presence)
  • • Receipts from TX sources (apportioned)

Sales Tax Economic Nexus

$500,000

Annual TX sales threshold

Remote sellers with $500K+ in TX sales must register and collect TX sales tax, even with no physical presence.

Texas Filing Requirements

Franchise Tax Report

Form 05-158: Texas Franchise Tax Report

Who Files:

  • • All entities if revenue > $1.23M
  • • Even if owe $0 tax

Deadline:

  • • May 15 annually
  • • Based on prior calendar year
  • • Extension available (Form 05-164)

Annual Report (Separate from Tax)

Public Information Report (PIR): Filed with Texas Comptroller

  • • Due: May 15 annually
  • • Reports officers, directors, registered agent
  • • Even exempt entities must file
  • • No fee, but required for compliance

Common Texas Tax Mistakes

Mistake #1: Thinking "No Income Tax" = "No Taxes"

Texas has NO personal income tax, but does have franchise tax, sales tax, and property tax.

Solution: Understand all TX tax obligations. Still much lower than CA overall.

Mistake #2: Not Filing Franchise Tax (Thinking You're Exempt)

If revenue exceeds $1.23M, you must file even if owe $0 tax after deductions.

Solution: File annual franchise tax report if over threshold. Use EZ computation to minimize tax.

Mistake #3: Incomplete CA Exit (Still Paying CA Taxes)

Claiming TX residency but not truly relocating. CA audits and proves you still live in CA.

Solution: Truly relocate. Document everything. Spend <183 days in CA.

Mistake #4: Using Wrong Margin Calculation

Not comparing all four margin calculation methods—could overpay significantly.

Solution: Calculate all four methods annually. Choose lowest. Use compensation method for SaaS.

When to Hire Professional Help

Need Help If:

  • ✓ Revenue over $1.23M (franchise tax filing)
  • ✓ Relocating from high-tax state (CA, NY)
  • ✓ Multi-state operations
  • ✓ Complex margin calculations
  • ✓ Significant property holdings (property tax)

DIY Might Work If:

  • ✓ Revenue under $1.23M (exempt)
  • ✓ TX-only operations (no multi-state)
  • ✓ Simple business structure
  • ✓ No relocation tax issues

Case Study: SaaS Company Relocates to Austin

How Moving from SF to Austin Saved $2.8M Over 5 Years

15-person SaaS company, $5M revenue, profitable

Year 1 Costs (Before Move - SF)

CA franchise tax:$800
CA corp tax ($1M income):$88,400
Founder/team state taxes:$450,000
Office rent (SF):$300,000
Total:$839,200

Year 1 Costs (After Move - Austin)

TX franchise tax:~$15,000
Founder/team state taxes:$0
Office rent (Austin):$120,000
Total:$135,000

5-Year Impact

Annual savings (taxes + rent):$704,200
One-time relocation costs:($150,000)
5-Year Net Savings:$3.37M

Additional benefits: Team happier with lower cost of living, hired 5 more engineers with savings, easier to recruit from CA (many want to leave).

Frequently Asked Questions

Does Texas really have no income tax?

Yes! Texas has NO personal income tax. It's protected by the state constitution. No tax on salary, capital gains, stock options, or any personal income. This is the biggest draw for relocating founders.

What is Texas franchise tax?

0.75% tax on "taxable margin" (revenue minus certain deductions). Exempt if revenue under $1.23M. Most startups pay $0-$20K/year. Much lower than CA's 8.84% corporate tax.

Can I avoid CA taxes by moving to Texas?

Yes, but you must TRULY relocate. CA audits high-earners aggressively. Spend majority of time in TX, get TX driver's license, register to vote, move valuable property. Keep detailed records. Just claiming TX residency without relocating won't work.

Is SaaS subject to Texas sales tax?

Generally no. True cloud-based SaaS accessed via internet is not taxable in Texas. Downloaded software or software on physical media is taxable.

Does Texas offer R&D tax credits?

No state R&D credit. But you still get 20% federal R&D credit. Combined with 0% income tax, TX is still highly competitive with states that have R&D credits.

What if my revenue is under $1.23M?

You're exempt from franchise tax—no filing required! Most early-stage startups owe $0 in TX taxes. Once over $1.23M, must file annual report and calculate franchise tax.

Are property taxes high in Texas?

Yes, property taxes are higher than CA (average 1.6% vs. 0.73%). However, home prices are much lower in TX, and you save so much on income tax that it's still a net win for most people.

Should I incorporate in Texas or Delaware?

For VC-backed startups, still incorporate in Delaware (investors prefer it). You'll qualify as foreign corporation in TX but benefit from DE legal framework. If bootstrapped TX-only business, incorporating in TX is fine.

Considering Moving to Texas?

Our tax specialists help startups relocate from high-tax states to Texas, ensuring clean exit from CA/NY tax jurisdiction and proper TX compliance setup.