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No income tax, but a margin tax, a May 15 report every year, and SaaS taxed at 80%

Setting up a startup in Texas

Texas has no personal income tax and no corporate income tax, which makes payroll simple. What it has instead is a franchise tax on margin, owed above $2,650,000 of revenue for 2026 and 2027 reports, and a sales tax that reaches SaaS. A Texas hire or a Texas customer base brings a May 15 filing every year, whether or not anything is due.

Areas
6
Setup steps
7
Checked
October 13, 2026
Texas, raised. Point at a neighbor to compare; click to open its guide.

At a glance

Corporate tax
Franchise tax 0.75% of margin
Tax on wages
None
Sales tax
6.25% + up to 2% local
Economic nexus
$500,000 in Texas revenue
Minimum wage
$7.25/hr
UI wage base
$9,000
New-employer UI rate
2.7% (or industry average, if higher)
Paid leave program
None
Annual report
May 15 — Public Information Report, no fee

2026 figures, each explained with its source on the area’s page. On top of the federal baseline.

Setup, in order

  1. Register the corporation with the Secretary of State

    Before doing business in Texas — usually the first hire or office

    File Form 301, Application for Registration of a Foreign For-Profit Corporation, with the Secretary of State, and appoint a registered agent with a Texas street address.

  2. Expect the franchise tax account

    After registration

    The Comptroller sets up the franchise tax account from the registration. The first report is due May 15 of the following year.

  3. Register with the Texas Workforce Commission

    When you first pay wages in Texas

    Open an unemployment tax account with TWC through Unemployment Tax Services and file Form C-3 each quarter.

  4. Report new hires

    Within 20 days of each hire

    Report each new or rehired employee to the Attorney General’s Employer New Hire Reporting program.

  5. Decide on workers’ compensation

    Before the first employee starts

    Buy a workers’ compensation policy, or opt out as a non-subscriber by filing a notice with the Division of Workers’ Compensation and telling employees in writing.

  6. Get a sales and use tax permit

    On physical presence, or at $500,000 of Texas revenue in 12 months

    Apply for a sales and use tax permit with the Comptroller. Remote sellers can elect the 1.75% single local use tax rate on the application.

  7. Post the required notices

    Before the first payday

    Post the Payday Law notice of paydays and the other TWC workplace posters.

Common questions

Does Texas have a corporate income tax?

Not in the usual sense. Texas has no corporate income tax; its franchise tax is a tax on “margin”, which starts from total revenue rather than taxable income. A company under the no-tax-due threshold owes nothing but still files a Public Information Report every year.

Is SaaS taxable in Texas?

Yes. The Comptroller treats SaaS and application service providers as data processing services. Twenty percent of the charge is exempt, so tax is collected on the other 80%, at the state rate plus the local rate.

Do we owe use tax on our software subscriptions?

Yes, if the seller didn’t charge Texas tax. A data processing service like SaaS is taxable in Texas, so software subscriptions bought from an out-of-state vendor that doesn’t collect owe use tax on 80% of the charge, reported on the company’s sales tax return or, without a permit, on a use tax return.

Is there any state or local withholding in Texas?

No. Texas doesn’t tax wages and has no city or county payroll taxes, so a Texas employee adds only a TWC unemployment account and a new-hire report to the federal payroll setup.

When is our first Texas franchise tax report due?

The first report is due May 15 of the year after the company became subject to the tax in Texas, usually the year after it registered. It covers the period from that start date to the end of the prior accounting year.

We’re pre-revenue. Can the Texas R&D credit pay us?

Possibly. From 2026 the Subchapter T credit is refundable to a company that owes no franchise tax because its annualized revenue is at or below the no-tax-due threshold or its tax is under $1,000, or because it is a qualified new veteran-owned business. A company using the EZ computation can’t take the refund. The company must have filed IRS Form 6765 for the year, and the Comptroller wants a copy with the refund claim.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.