In July 2023, the legislature passed Senate Bill 3, which increased the no tax due threshold and eliminated reporting requirements for certain entities. In response, the Comptroller's office has changed the way some entities have to report for franchise tax purposes.
For the 2024 and 2025 franchise tax reports, the no tax due threshold is $2.47 million.
For the 2024 and 2025 reports, a taxable entity whose annualized total revenue is less than or equal to $2.47 million is not required to file a No Tax Due Report. However, the entity is required to file Form 05-102, Public Information Report (PDF) or Form 05-167, Ownership Information Report (PDF).
A combined group must include all taxable entities in the combined group report even if any member, on a separate entity basis, has annualized total revenue at or below the no tax due threshold. If a combined group’s annualized total revenue is at or below the no tax due threshold, the combined group is no longer required to file a No Tax Due Report, an Affiliate Schedule, or a Common Owner Information Report for that report year. However, each individual member of the combined group that is organized in Texas or has nexus in Texas must file a Public Information Report or Ownership Information Report.
For reports originally due on or after Jan. 1, 2024, a qualifying new veteran-owned business is not required to file a No Tax Due Report during its initial five-year period.
Because taxable entities whose annualized total revenue is at or below the no tax due threshold and qualifying new veteran-owned businesses are not required to file a No Tax Due Report, we discontinued the No Tax Due Report for the 2024 report year and beyond. The form is not available for any new reporting periods.
There were five types of entities eligible to file a No Tax Due Report. Beginning in 2024, each of these entities report as follows:
A taxable entity with annualized total revenue at or below the no tax due threshold:
A new veteran-owned business:
A qualifying passive entity:
A qualifying REIT:
A taxable entity with zero Texas gross receipts must: