3️⃣ Franchise Tax
3️⃣ Franchise Tax
3️⃣ Franchise Tax
Research steps and synthesis summary: I searched authoritative sources (state tax/Secretary of State sites, tax advisory firms, and tax compliance resources) to compile a comprehensive overview of franchise tax for US businesses and LLC founders, focusing on compliance, state-specific rules, calculation methods, filing deadlines, penalties, nexus triggers, and practical guidance through Jan 2026.
Key actions: ran multi-source web searches for franchise tax overviews, state-by-state summaries, major-state deep dives (Delaware, California, Texas, New York, Tennessee, Pennsylvania, Massachusetts, New Jersey, Ohio), and compliance best practices; prioritized official state sites and reputable tax/advisory resources; extracted and consolidated verbatim excerpts and summaries to support recommendations.
Major findings (synthesized): - What franchise tax is: A state-level "privilege" or entity-level tax distinct from income tax; often owed regardless of profit. (States use terms like franchise tax, privilege tax, excise, commerce tax.) - Calculation methods vary widely: flat fees (Delaware LLC $300; California $800 minimum), capital stock/net worth approaches (e.g., Georgia, North Carolina), gross receipts/commerce taxes (Ohio, Nevada), and margin-based formulas (Texas franchise/margin tax).
Some states apply different rules for corporations vs. LLCs. - State examples & key compliance notes: - Delaware: Delaware LLC flat annual fee ($300 for domestic LLCs); corporations have a shares/par-value-based franchise tax with specific due dates (Delaware dates commonly in spring). (Verify current due dates on Delaware Division of Corporations.) - California: $800 minimum franchise tax for LLCs plus an additional LLC fee based on total gross receipts tiers; due dates tied to federal filing calendar (check FTB for exact dates). - Texas: Franchise “margin” tax based on receipts with industry-specific rates (e.g., 0.375% retail/wholesale; 0.75% others) and a large “No Tax Due” threshold (recently reported ~ $2.47M); filing/reporting requirements may include public information report even when no-tax-due. - New York: LLC annual filing fee based on New York-sourced income (ranges cited from $25 to $4,500) and specific filing deadlines; corporate/franchise rules differ. - Ohio/Nevada: Use gross-receipts-style taxes (Ohio’s CAT; Nevada’s Commerce Tax) with high revenue exemptions. - Tennessee: Franchise & excise taxes—franchise tax generally based on net worth or tangible property, with annual report/fee obligations. - Compliance risks: multi-state exposure (you may owe franchise tax in formation state and in any state where you register as foreign/doing business), losing good standing, administrative dissolution for nonpayment, penalties/interest for late filing, and complexity of apportionment/nexus rules. - Practical guidance: map all states of formation/registration/operations; calendar state due dates; budget for fixed fees; use registered agent and compliance automation/alerts; consider formation timing to avoid duplicate year payments; consult a state tax specialist for apportionment and multi-state filings.
Recommended next steps for content creation (blog/newsletter): - Create a clear chaptered blog post covering: (
Research steps and synthesis summary: I searched authoritative sources (state tax/Secretary of State sites, tax advisory firms, and tax compliance resources) to compile a comprehensive overview of franchise tax for US businesses and LLC founders, focusing on compliance, state-specific rules, calculation methods, filing deadlines, penalties, nexus triggers, and practical guidance through Jan 2026.
Key actions: ran multi-source web searches for franchise tax overviews, state-by-state summaries, major-state deep dives (Delaware, California, Texas, New York, Tennessee, Pennsylvania, Massachusetts, New Jersey, Ohio), and compliance best practices; prioritized official state sites and reputable tax/advisory resources; extracted and consolidated verbatim excerpts and summaries to support recommendations.
Major findings (synthesized):
- Calculation methods vary widely: flat fees (Delaware LLC $300; California $800 minimum), capital stock/net worth approaches (e.g., Georgia, North Carolina), gross receipts/commerce taxes (Ohio, Nevada), and margin-based formulas (Texas franchise/margin tax).
Some states apply different rules for corporations vs. LLCs.
- Delaware: Delaware LLC flat annual fee ($300 for domestic LLCs); corporations have a shares/par-value-based franchise tax with specific due dates (Delaware dates commonly in spring). (Verify current due dates on Delaware Division of Corporations.) - California: $800 minimum franchise tax for LLCs plus an additional LLC fee based on total gross receipts tiers; due dates tied to federal filing calendar (check FTB for exact dates).
0.375% retail/wholesale; 0.75% others) and a large “No Tax Due” threshold (recently reported ~ $2.47M); filing/reporting requirements may include public information report even when no-tax-due. - New York: LLC annual filing fee based on New York-sourced income (ranges cited from $25 to $4,500) and specific filing deadlines; corporate/franchise rules differ.
- What franchise tax is: A state-level "privilege" or entity-level tax distinct from income tax; often owed regardless of profit. (States use terms like franchise tax, privilege tax, excise, commerce tax.)
- State examples & key compliance notes:
- Texas: Franchise “margin” tax based on receipts with industry-specific rates (e.g.,
- Ohio/Nevada: Use gross-receipts-style taxes (Ohio’s CAT; Nevada’s Commerce Tax) with high revenue exemptions.
- Tennessee: Franchise & excise taxes—franchise tax generally based on net worth or tangible property, with annual report/fee obligations.
- Compliance risks: multi-state exposure (you may owe franchise tax in formation state and in any state where you register as foreign/doing business), losing good standing, administrative dissolution for nonpayment, penalties/interest for late filing, and complexity of apportionment/nexus rules.
- Practical guidance: map all states of formation/registration/operations; calendar state due dates; budget for fixed fees; use registered agent and compliance automation/alerts; consider formation timing to avoid duplicate year payments; consult a state tax specialist for apportionment and multi-state filings. Recommended next steps for content creation (blog/newsletter):
- Create a clear chaptered blog post covering: (
What is franchise tax (definition & difference from income tax), (
How states calculate it (methods and examples), (
State highlights (concise summaries for key states
DE, CA, TX, NY, TN, OH, NV, GA, NC, NJ), (
Multi-state nexus & when you might owe, (
Deadlines, penalties, and how to stay in good standing, (
Practical compliance checklist and budgeting tips, and (
Call-to-action to verify state DOR/SOS links or consult a tax professional. I used the following sources and extracted verbatim excerpts from each to support the summary below.
Enjoyed this article?
Subscribe to our newsletter for more expert insights on compliance and business formation.
