ALWAYS USE THIS SKILL when a user asks for help preparing their US federal tax return AND mentions freelancing, self-employment, software development, contracting, sole proprietorship, or a single-member LLC in Texas.
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General reference only
This Guide is general tax/accounting reference material for AI-assisted workflows. It has not been reviewed for your personal facts, documents, elections, deadlines, residency, filing status, or local procedures. Do not rely on it to file, pay, amend, or take a tax position without review by a qualified professional in the relevant jurisdiction.
Source-cited draft. This Guide is source-cited but has not been reviewed by a licensed practitioner. It may be incomplete, outdated, or wrong.
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Every figure is drawn from this Tax Guide and cited to its source. See something that looks off?
Texas state personal income tax
None — prohibited unless approved by voters in a statewide referendumTexas Constitution, Article VIII, §24-a
City/county income tax
NoneTexas Constitution, Article VIII, §24-a
Texas estate tax
None (no state-level estate tax)Texas Tax Code
Texas inheritance tax
NoneTexas Tax Code
No-tax-due threshold (annualized total revenue) — 2025
$2,470,000Texas Tax Code §171.002; Texas Comptroller of Public Accounts
Form required when at or below no-tax-due threshold
Form 05-102 (Public Information Report / No Tax Due Report)Texas Tax Code §171.203; Texas Comptroller of Public Accounts Form 05-102
Franchise tax rate — retail and wholesale businesses
0.375%Texas Tax Code §171.002(a)(2)
Franchise tax rate — all other businesses (including tech consulting/software development)
0.75%Texas Tax Code §171.002(a)(1)
Margin deduction — simplified revenue method
30% of total revenueTexas Tax Code §171.101(a)(3)
Margin deduction — standard deduction equivalent
$1,000,000Texas Tax Code §171.101(a)(4)
EZ Computation eligibility — maximum total revenue
$20,000,000Texas Tax Code §171.1016; Texas Comptroller of Public Accounts Form 05-169
EZ Computation rate
0.331% of apportioned total revenue (no margin deductions)Texas Tax Code §171.1016
EZ Computation form
Form 05-169Texas Comptroller of Public Accounts Form 05-169
Annual franchise tax report due date (accounting year ending December 31)
May 15Texas Tax Code §171.153
Extended franchise tax report due date
November 15Texas Tax Code §171.153; Texas Comptroller of Public Accounts
Filing obligation for entities with revenue $250K–$1M (below threshold)
Must still file Form 05-102 (No Tax Due Report) if entity existsTexas Tax Code §171.203; Texas Comptroller of Public Accounts Form 05-102
Consequence of failure to file franchise tax return
Forfeiture of LLC status by Texas Secretary of StateTexas Tax Code §171.309; Texas Business Organizations Code
Sole proprietors without an LLC — franchise tax obligation
NOT subject to franchise taxTexas Tax Code §171.0002
Single-member LLC (SMLLC) — franchise tax obligation
IS subject to franchise tax (even though disregarded for federal purposes)Texas Tax Code §171.0002
Long-form franchise tax return form numbers
Form 05-158 / Form 05-169Texas Comptroller of Public Accounts Forms 05-158, 05-169
Texas state sales tax rate
6.25%Texas Tax Code §151.051
Maximum local sales tax additions
Up to 2% (total combined maximum 8.25%)Texas Tax Code §321.101; §323.101
Maximum combined state + local sales tax rate
8.25%Texas Tax Code §151.051; §321.101
Custom software (written for single customer) — Texas sales tax
NOT taxableTexas Tax Code §151.009; Texas Comptroller Rule 3.308
Canned (prewritten) software delivered electronically — Texas sales tax
TaxableTexas Tax Code §151.009; Texas Comptroller Rule 3.308
SaaS — Texas sales tax treatment
Generally taxable as 'data processing services'; 20% of value taxable after statutory exemptionTexas Comptroller Rule 3.330
IT consulting / programming services (labor to create custom code) — Texas sales tax
NOT taxableTexas Tax Code §151.0101; Texas Comptroller Rule 3.308
Hardware repair or maintenance contracts — Texas sales tax
TaxableTexas Tax Code §151.0101; Texas Comptroller Rule 3.315
Texas sales tax permit fee
Free (no cost to obtain)Texas Tax Code §151.203
Filing obligation when permit is active but no tax collected
Returns must be filed even if no tax collected ($0 returns)Texas Tax Code §151.401; Texas Comptroller of Public Accounts
Sales tax return filing frequency
Monthly, quarterly, or annually (Comptroller assigns based on volume)Texas Tax Code §151.401
Texas LLC Certificate of Formation filing fee
$300Texas Business Organizations Code §4.155; Texas Secretary of State
Texas LLC annual Secretary of State fee
$0Texas Business Organizations Code; Texas Secretary of State
Texas state health insurance exchange
None — Texas uses federal marketplace (healthcare.gov); no state exchangeAffordable Care Act (ACA); healthcare.gov
Revenue bracket flagged for detailed franchise tax margin computation
Over $2,470,000Texas Tax Code §171.002; Texas Comptroller of Public Accounts
Taxable margin formula
Total revenue minus greatest of: (1) COGS, (2) Compensation (W-2 wages + benefits), (3) 30% of total revenue, or (4) $1,000,000Texas Tax Code §171.101
When triggered, respond with ONE message that:
Example first message:
Let's get your 2025 federal return ready. Texas doesn't have a state income tax, so we'll focus on federal plus Texas franchise tax and sales tax compliance. Quick scope check, then documents, then gaps. Target: 10 minutes.
Reminder: everything I produce needs signoff from a credentialed tax professional before filing.
Scope check:
Then immediately call ask_user_input_v0.
First batch:
Q1: "Business structure?"
Options: ["Sole prop (no LLC)", "Single-member LLC", "Multi-member LLC", "S-corp", "C-corp", "Not sure"]
Q2: "Revenue range for 2025?"
Options: ["Under $250K", "$250K–$1M", "$1M–$2.47M", "Over $2.47M"]
Q3: "Filing status?"
Options: ["Single, no dependents", "Single with dependents (HoH)", "Married filing jointly", "Married filing separately", "Qualified surviving spouse"]
Evaluate:
Q1 = Sole prop or Single-member LLC → continue
Q1 = Multi-member LLC → stop. "Multi-member LLCs file Form 1065 as partnerships. Texas franchise tax for partnerships adds complexity. You need a CPA."
Q1 = S-corp or C-corp → stop. "Corporate returns (1120-S, 1120) plus Texas franchise tax margin computation for entities require a CPA."
Q1 = Not sure → follow-up: "Did you file Form 2553 or receive a W-2 from your own business?"
Q2 → record for franchise tax analysis:
Q3 → record filing status
Second batch:
Q4: "Do you have a Texas sales tax permit?"
Options: ["Yes, active permit", "No permit", "Had one but closed it", "Not sure if I need one"]
Q5: "Did you file a 2024 return normally?"
Options: ["Yes", "No (skipped year)", "Yes but amended / under audit"]
Q6: "Any of these in 2025?" (multi-select)
Options: [
"Rental property income",
"Active crypto/day trading",
"Foreign bank account over $10K",
"W-2 employees on payroll",
"Income from clients in other states where you traveled to perform work",
"None of the above"
]
Q7: "Federal estimated tax payments made in 2025?"
Options: ["Yes, all 4 quarters", "Yes, some quarters", "No", "Not sure"]
Q8: "Texas franchise tax: does your total revenue exceed $2.47 million?"
Options: ["No, well under $2.47M", "Close to the threshold", "Yes, over $2.47M", "Not sure"]
Evaluate Q4:
Evaluate Q5:
Evaluate Q6:
Evaluate Q7: Record for federal estimated tax analysis.
Evaluate Q8:
Refusal for out-of-state income:
Stop — you performed work in other states. Even though Texas has no income tax, the other states may claim you owe income tax there (economic nexus for services). You need a CPA who handles multi-state filing obligations.
Scope is good. Upload everything you have for 2025:
- Business bank statement(s) for 2025 (CSV or PDF)
- Tax forms received (1099-NEC, 1099-MISC, 1095-A/B/C)
- Year-end retirement account statements
- Federal estimated tax payment confirmations
- Your 2024 federal tax return
- Texas franchise tax correspondence or prior filings (Form 05-102 or 05-158/05-169)
- Texas sales tax permits or returns (if applicable)
- LLC Certificate of Formation (if applicable, filed with TX Secretary of State)
- Texas Comptroller correspondence
- Anything else tax-related
Drop it all in — I'll sort it out.
Parse all documents and extract:
Bank statement:
1099-NEC received:
Prior year federal return:
Texas franchise tax prior filings:
Retirement account statement:
Present compact summary:
Identity
- [Name], [filing status], [dependents]
- Texas resident
- [Business structure]
Income
- Gross receipts: $X
- [Client breakdown]
Expenses
- [Category breakdown]
Texas-specific
- Total revenue for franchise tax: $X
- Franchise tax threshold ($2.47M): [above/below]
- Franchise tax filing obligation: [No Tax Due report / actual tax due]
- Sales tax permit: [active/none/needed]
- Sales tax collected: $X (if applicable)
Federal estimated taxes paid: $X
Flags:
- [Any issues]
Is any of this wrong?
Things that usually need asking:
Intake complete. Handing off to the return assembly workflow.
You'll receive:
- Excel working paper (federal return lines + TX franchise tax computation)
- Reviewer brief with positions, citations, and flags
- Federal form package (1040 + supporting schedules)
- TX franchise tax filing checklist (Form 05-102 or 05-158/05-169)
- TX sales tax compliance summary (if applicable)
- 2026 federal estimated tax vouchers
- Action items with deadlines
Starting now.
Check TX-IN1 — Refusal sweep used ask_user_input_v0. Check TX-IN2 — Revenue range captured for franchise tax threshold analysis. Check TX-IN3 — Sole prop vs SMLLC distinction made (sole prop without LLC = no franchise tax filing). Check TX-IN4 — Sales tax applicability evaluated (custom software vs SaaS vs products). Check TX-IN5 — Upload-first flow honored. Check TX-IN6 — Documents parsed before gap-filling. Check TX-IN7 — Federal estimated tax payments tracked (no state estimated tax in TX). Check TX-IN8 — Franchise tax filing deadline (May 15) noted in action items. Check TX-IN9 — Handoff to us-tx-return-assembly is explicit.
This skill and its outputs are provided for informational and computational purposes only and do not constitute tax, legal, or financial advice. Open Accountants and its contributors accept no liability for any errors, omissions, or outcomes arising from the use of this skill. All outputs must be reviewed and signed off by a qualified professional (such as a CPA, EA, tax attorney, or equivalent licensed practitioner in your jurisdiction) before filing or acting upon.
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Other Texas computations in the OpenAccountants Tax Library.
Rendered from the facts database. General reference only — confirm with a qualified professional before acting.
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