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Question 1 of 30
1. Question
Consider a limited liability company operating exclusively within Texas that concluded its fiscal year on December 31, 2023. The company reported total revenue of $1,500,000 for this period. Its cost of goods sold amounted to $700,000, and total compensation paid to employees was $600,000. Based on the Texas Franchise Tax provisions effective for tax periods beginning on or after January 1, 2024, what is the primary determination regarding this company’s obligation to file and pay the franchise tax for this fiscal year?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity for the privilege of doing business in Texas. The tax is calculated based on the entity’s margin, which is generally the lesser of total revenue minus cost of goods sold, or total revenue minus compensation. For the tax period ending December 31, 2023, a business with total revenue of $1,500,000 and cost of goods sold of $700,000, and compensation of $600,000, would first determine its margin based on the cost of goods sold deduction. The margin would be $1,500,000 (total revenue) – $700,000 (cost of goods sold) = $800,000. Next, it would determine its margin based on the compensation deduction: $1,500,000 (total revenue) – $600,000 (compensation) = $900,000. The entity’s margin is the lesser of these two calculations, which is $800,000. However, Texas law provides for a “no tax due” threshold. For tax periods beginning on or after January 1, 2024, the threshold is $1,230,000 in total revenue. If an entity’s total revenue is below this threshold, it is not required to file a franchise tax report or pay any tax. In the given scenario, the entity’s total revenue is $1,500,000. Since this amount exceeds the $1,230,000 threshold for tax periods beginning on or after January 1, 2024, the entity is subject to the Texas Franchise Tax. The calculation of the tax itself would then involve applying the appropriate tax rate to the calculated margin, but the question focuses on whether the entity is subject to the tax based on its total revenue. As the total revenue of $1,500,000 exceeds the threshold, the entity is indeed subject to the tax. The question specifically asks about the entity’s obligation to file and pay, which is triggered by exceeding the total revenue threshold.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity for the privilege of doing business in Texas. The tax is calculated based on the entity’s margin, which is generally the lesser of total revenue minus cost of goods sold, or total revenue minus compensation. For the tax period ending December 31, 2023, a business with total revenue of $1,500,000 and cost of goods sold of $700,000, and compensation of $600,000, would first determine its margin based on the cost of goods sold deduction. The margin would be $1,500,000 (total revenue) – $700,000 (cost of goods sold) = $800,000. Next, it would determine its margin based on the compensation deduction: $1,500,000 (total revenue) – $600,000 (compensation) = $900,000. The entity’s margin is the lesser of these two calculations, which is $800,000. However, Texas law provides for a “no tax due” threshold. For tax periods beginning on or after January 1, 2024, the threshold is $1,230,000 in total revenue. If an entity’s total revenue is below this threshold, it is not required to file a franchise tax report or pay any tax. In the given scenario, the entity’s total revenue is $1,500,000. Since this amount exceeds the $1,230,000 threshold for tax periods beginning on or after January 1, 2024, the entity is subject to the Texas Franchise Tax. The calculation of the tax itself would then involve applying the appropriate tax rate to the calculated margin, but the question focuses on whether the entity is subject to the tax based on its total revenue. As the total revenue of $1,500,000 exceeds the threshold, the entity is indeed subject to the tax. The question specifically asks about the entity’s obligation to file and pay, which is triggered by exceeding the total revenue threshold.
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Question 2 of 30
2. Question
Consider a scenario where a prospective franchisee in Texas signs a franchise agreement after receiving a Franchise Disclosure Document (FDD) that contains material omissions regarding the franchisor’s litigation history. The FDD was provided exactly 15 months prior to the franchisee signing the agreement. The franchisee discovers the omissions 18 months after signing the agreement. Under the Texas Franchise Act, what is the latest point in time, measured from the date the franchise agreement was signed, that the franchisee can effectively exercise their right to rescind the agreement due to this disclosure violation, assuming no prior communication regarding rescission?
Correct
The Texas Franchise Act, codified in Chapter 51 of the Texas Business & Commerce Code, governs franchise relationships in the state. A key aspect of this act pertains to the rescission rights of a franchisee. Specifically, Section 51.104 of the Act grants a franchisee the right to rescind a franchise agreement if certain disclosure violations occur. The statute mandates that a franchisee has the right to sue for rescission of the franchise agreement and recover damages if the franchisor fails to provide the Franchise Disclosure Document (FDD) or provides an FDD that does not comply with the disclosure requirements within the specified timeframe before the franchisee signs the agreement. The law establishes a period during which this rescission right is available. This period is generally two years from the date of execution of the franchise agreement. However, the right to rescind is extinguished earlier if the franchisee has received the FDD in compliance with the law and has not exercised the right to rescind within six months after receiving the FDD. Therefore, the critical period for exercising the rescission right, assuming a violation has occurred and the FDD was provided, is six months from the receipt of a compliant FDD. This timeframe is designed to balance the franchisee’s need for protection against franchisor misconduct with the franchisor’s interest in the finality of agreements. The law requires the franchisee to provide notice to the franchisor of their intent to rescind.
Incorrect
The Texas Franchise Act, codified in Chapter 51 of the Texas Business & Commerce Code, governs franchise relationships in the state. A key aspect of this act pertains to the rescission rights of a franchisee. Specifically, Section 51.104 of the Act grants a franchisee the right to rescind a franchise agreement if certain disclosure violations occur. The statute mandates that a franchisee has the right to sue for rescission of the franchise agreement and recover damages if the franchisor fails to provide the Franchise Disclosure Document (FDD) or provides an FDD that does not comply with the disclosure requirements within the specified timeframe before the franchisee signs the agreement. The law establishes a period during which this rescission right is available. This period is generally two years from the date of execution of the franchise agreement. However, the right to rescind is extinguished earlier if the franchisee has received the FDD in compliance with the law and has not exercised the right to rescind within six months after receiving the FDD. Therefore, the critical period for exercising the rescission right, assuming a violation has occurred and the FDD was provided, is six months from the receipt of a compliant FDD. This timeframe is designed to balance the franchisee’s need for protection against franchisor misconduct with the franchisor’s interest in the finality of agreements. The law requires the franchisee to provide notice to the franchisor of their intent to rescind.
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Question 3 of 30
3. Question
Consider a limited liability company (LLC) organized under the laws of Delaware but authorized to conduct business in Texas. For the most recent fiscal year, the LLC reported total revenue from all sources of $5 million, with $1.1 million specifically attributable to its operations within Texas. Based on the Texas Franchise Tax Act, what is the status of this LLC concerning its franchise tax reporting obligations for that fiscal year?
Correct
The Texas Franchise Tax is a tax on each taxable entity organized or authorized to do business in Texas. The tax is imposed on the privilege of doing business in Texas. For most entities, the tax is based on the entity’s franchise tax liability, which is calculated as the lesser of two options: 1) 0.75% of taxable margin or 2) 0.5% of total revenue. However, for entities primarily engaged in wholesale or retail trade, the rates are lower: 0.375% of taxable margin or 0.25% of total revenue. Taxable margin is generally calculated by subtracting certain costs, such as compensation, from total revenue. Total revenue is defined as the gross receipts of the entity from whatever source derived, unless specifically excluded by statute. The question asks about the threshold for an entity to be considered a “small business” for franchise tax purposes, which exempts them from filing a franchise tax report. In Texas, a “small business” is defined as an entity whose total revenue from Texas sources is $1.23 million or less. Therefore, an entity with total Texas revenue of $1.1 million would fall below this threshold.
Incorrect
The Texas Franchise Tax is a tax on each taxable entity organized or authorized to do business in Texas. The tax is imposed on the privilege of doing business in Texas. For most entities, the tax is based on the entity’s franchise tax liability, which is calculated as the lesser of two options: 1) 0.75% of taxable margin or 2) 0.5% of total revenue. However, for entities primarily engaged in wholesale or retail trade, the rates are lower: 0.375% of taxable margin or 0.25% of total revenue. Taxable margin is generally calculated by subtracting certain costs, such as compensation, from total revenue. Total revenue is defined as the gross receipts of the entity from whatever source derived, unless specifically excluded by statute. The question asks about the threshold for an entity to be considered a “small business” for franchise tax purposes, which exempts them from filing a franchise tax report. In Texas, a “small business” is defined as an entity whose total revenue from Texas sources is $1.23 million or less. Therefore, an entity with total Texas revenue of $1.1 million would fall below this threshold.
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Question 4 of 30
4. Question
A limited liability company, incorporated in Delaware but operating extensively within Texas, has reported total revenue of \$15,000,000 for the preceding fiscal year. Its cost of goods sold amounted to \$6,000,000, and total compensation paid to employees was \$5,000,000. The company does not qualify for any exemptions and its total revenue exceeds \$10,000,000, thus precluding the use of the EZ rate. What is the calculated Texas Franchise Tax liability for this entity?
Correct
The Texas Franchise Tax is a state tax on each taxable entity chartered or organized for profit that does not qualify for an exemption. The tax is levied on the total revenue of the entity, minus certain deductions. For entities that do not qualify for the EZ (Efforts to Simplify) rate, the tax is calculated based on the entity’s taxable margin. The taxable margin is generally the lesser of 70% of total revenue minus cost of goods sold (COGS) or 70% of total revenue minus compensation. However, if an entity’s total revenue is $10 million or less, it can elect to use the EZ rate, which is 0.75% of total revenue if it is a retail or wholesale business, or 0.5% of total revenue if it is any other type of business. The question asks about a situation where an entity is not eligible for the EZ rate. Therefore, its tax liability is determined by its taxable margin. The taxable margin is calculated as the lesser of \(0.70 \times \text{Total Revenue} – \text{COGS}\) or \(0.70 \times \text{Total Revenue} – \text{Compensation}\). In this scenario, the entity has total revenue of \$15,000,000, COGS of \$6,000,000, and compensation of \$5,000,000. Calculation 1: \(0.70 \times \$15,000,000 – \$6,000,000 = \$10,500,000 – \$6,000,000 = \$4,500,000\) Calculation 2: \(0.70 \times \$15,000,000 – \$5,000,000 = \$10,500,000 – \$5,000,000 = \$5,500,000\) The taxable margin is the lesser of \$4,500,000 and \$5,500,000, which is \$4,500,000. The tax rate for entities not using the EZ rate is 1% of the taxable margin if the entity is a passive entity or has total revenue of \$10 million or more. Since the entity’s total revenue is \$15 million, the tax rate is 1%. Tax Liability = \(1\% \times \$4,500,000 = \$45,000\). The Texas Franchise Tax is a privilege tax imposed on entities doing business in Texas. It is calculated on the entity’s taxable margin, which is a complex calculation designed to approximate the entity’s income. For entities with total revenue exceeding \$10 million, or those that do not qualify for the EZ rate, the tax is determined by comparing two potential calculations of taxable margin: 70% of total revenue less cost of goods sold, or 70% of total revenue less compensation. The entity must use the lesser of these two figures as its taxable margin. Once the taxable margin is determined, the tax rate is applied. For most entities with total revenue of \$10 million or more, the tax rate is 1% of the taxable margin. It is crucial for businesses operating in Texas to understand these calculations to ensure accurate tax reporting and compliance with Texas Comptroller of Public Accounts regulations. The distinction between the EZ rate and the standard rate, and the specific deductions allowed for COGS and compensation, are key elements in determining the final tax liability.
Incorrect
The Texas Franchise Tax is a state tax on each taxable entity chartered or organized for profit that does not qualify for an exemption. The tax is levied on the total revenue of the entity, minus certain deductions. For entities that do not qualify for the EZ (Efforts to Simplify) rate, the tax is calculated based on the entity’s taxable margin. The taxable margin is generally the lesser of 70% of total revenue minus cost of goods sold (COGS) or 70% of total revenue minus compensation. However, if an entity’s total revenue is $10 million or less, it can elect to use the EZ rate, which is 0.75% of total revenue if it is a retail or wholesale business, or 0.5% of total revenue if it is any other type of business. The question asks about a situation where an entity is not eligible for the EZ rate. Therefore, its tax liability is determined by its taxable margin. The taxable margin is calculated as the lesser of \(0.70 \times \text{Total Revenue} – \text{COGS}\) or \(0.70 \times \text{Total Revenue} – \text{Compensation}\). In this scenario, the entity has total revenue of \$15,000,000, COGS of \$6,000,000, and compensation of \$5,000,000. Calculation 1: \(0.70 \times \$15,000,000 – \$6,000,000 = \$10,500,000 – \$6,000,000 = \$4,500,000\) Calculation 2: \(0.70 \times \$15,000,000 – \$5,000,000 = \$10,500,000 – \$5,000,000 = \$5,500,000\) The taxable margin is the lesser of \$4,500,000 and \$5,500,000, which is \$4,500,000. The tax rate for entities not using the EZ rate is 1% of the taxable margin if the entity is a passive entity or has total revenue of \$10 million or more. Since the entity’s total revenue is \$15 million, the tax rate is 1%. Tax Liability = \(1\% \times \$4,500,000 = \$45,000\). The Texas Franchise Tax is a privilege tax imposed on entities doing business in Texas. It is calculated on the entity’s taxable margin, which is a complex calculation designed to approximate the entity’s income. For entities with total revenue exceeding \$10 million, or those that do not qualify for the EZ rate, the tax is determined by comparing two potential calculations of taxable margin: 70% of total revenue less cost of goods sold, or 70% of total revenue less compensation. The entity must use the lesser of these two figures as its taxable margin. Once the taxable margin is determined, the tax rate is applied. For most entities with total revenue of \$10 million or more, the tax rate is 1% of the taxable margin. It is crucial for businesses operating in Texas to understand these calculations to ensure accurate tax reporting and compliance with Texas Comptroller of Public Accounts regulations. The distinction between the EZ rate and the standard rate, and the specific deductions allowed for COGS and compensation, are key elements in determining the final tax liability.
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Question 5 of 30
5. Question
Consider a limited liability company (LLC) organized in Delaware but conducting substantial business operations exclusively within Texas. For the 2024 tax period, the LLC reports total revenue of \$1,150,000. Assuming the LLC does not qualify for any specific exemptions and is not a passive entity, what is its Franchise Tax liability in Texas for this period?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas. The tax is levied on the total revenue of the business, with certain deductions and exemptions available. For the purpose of calculating the Franchise Tax, a taxable entity must determine its total revenue and then subtract allowable deductions to arrive at its taxable margin. The tax rate is then applied to this taxable margin. However, there is a “no tax due threshold.” If a taxable entity’s total revenue is below this threshold, it is not required to pay the Franchise Tax, although it may still be required to file a Franchise Tax Information Report. This threshold is adjusted periodically by the Texas Comptroller of Public Accounts. For the 2024-2025 biennium, the no tax due threshold for entities other than passive entities is \$1,230,000 in total revenue. Therefore, if an entity’s total revenue does not exceed \$1,230,000, it has no Franchise Tax liability for that period, assuming it meets all other filing requirements.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas. The tax is levied on the total revenue of the business, with certain deductions and exemptions available. For the purpose of calculating the Franchise Tax, a taxable entity must determine its total revenue and then subtract allowable deductions to arrive at its taxable margin. The tax rate is then applied to this taxable margin. However, there is a “no tax due threshold.” If a taxable entity’s total revenue is below this threshold, it is not required to pay the Franchise Tax, although it may still be required to file a Franchise Tax Information Report. This threshold is adjusted periodically by the Texas Comptroller of Public Accounts. For the 2024-2025 biennium, the no tax due threshold for entities other than passive entities is \$1,230,000 in total revenue. Therefore, if an entity’s total revenue does not exceed \$1,230,000, it has no Franchise Tax liability for that period, assuming it meets all other filing requirements.
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Question 6 of 30
6. Question
Consider a limited liability company organized in Texas, “Texan Innovations LLC,” which reports total revenue of \$1,300,000 for the current tax period and does not claim the compensation deduction. The entity is not engaged in the oil and gas industry. What is the franchise tax liability for Texan Innovations LLC for this period?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is imposed on the privilege of doing business in Texas. The tax is calculated based on the entity’s total revenue. For the 2020-2021 tax years, the statutory rate for most entities is 0.75% on taxable margin. However, entities that are subject to the oil and gas rate pay 4.75% on taxable margin. Taxable margin is calculated by subtracting allowable deductions from total revenue. For many entities, the primary deduction is 70% of compensation. Alternatively, an entity can elect to use the cost of goods sold deduction if it qualifies. The choice between these deductions depends on the entity’s specific financial structure and operations. An entity’s total revenue is its gross receipts from all sources. Taxable margin is determined by the applicable calculation method chosen by the entity. If an entity’s total revenue is \$1,230,000 or less, it is exempt from paying the franchise tax. The calculation of taxable margin for entities that are not subject to the oil and gas rate involves a percentage of total revenue, after subtracting allowable deductions. For instance, if an entity has total revenue of \$5,000,000 and chooses the compensation deduction, and its compensation is \$3,000,000, its taxable margin would be calculated as follows: Total Revenue – (70% of Compensation) = Taxable Margin. However, the law states that taxable margin is 70% of total revenue if compensation is not taken into account. The actual calculation for taxable margin is Total Revenue minus allowable deductions, and then the tax is applied to that margin. A simpler method for many businesses is to calculate taxable margin as 70% of total revenue if the compensation deduction is not used, or if the entity is a sole proprietorship, general partnership, or estate. If an entity has total revenue exceeding \$1,230,000 but does not exceed \$1,480,000, it is considered a “qualified small business” and owes a flat rate of \$500. For entities with total revenue above \$1,480,000, the tax is calculated based on their taxable margin. The calculation of taxable margin is generally 70% of total revenue for entities that do not claim the compensation deduction. The tax rate is then applied to this taxable margin. Therefore, if an entity has total revenue of \$10,000,000 and does not claim the compensation deduction, its taxable margin would be \$7,000,000, and the tax would be 0.75% of \$7,000,000, which equals \$52,500. The exemption threshold for total revenue is \$1,230,000. Entities with total revenue at or below this amount are not subject to the franchise tax.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is imposed on the privilege of doing business in Texas. The tax is calculated based on the entity’s total revenue. For the 2020-2021 tax years, the statutory rate for most entities is 0.75% on taxable margin. However, entities that are subject to the oil and gas rate pay 4.75% on taxable margin. Taxable margin is calculated by subtracting allowable deductions from total revenue. For many entities, the primary deduction is 70% of compensation. Alternatively, an entity can elect to use the cost of goods sold deduction if it qualifies. The choice between these deductions depends on the entity’s specific financial structure and operations. An entity’s total revenue is its gross receipts from all sources. Taxable margin is determined by the applicable calculation method chosen by the entity. If an entity’s total revenue is \$1,230,000 or less, it is exempt from paying the franchise tax. The calculation of taxable margin for entities that are not subject to the oil and gas rate involves a percentage of total revenue, after subtracting allowable deductions. For instance, if an entity has total revenue of \$5,000,000 and chooses the compensation deduction, and its compensation is \$3,000,000, its taxable margin would be calculated as follows: Total Revenue – (70% of Compensation) = Taxable Margin. However, the law states that taxable margin is 70% of total revenue if compensation is not taken into account. The actual calculation for taxable margin is Total Revenue minus allowable deductions, and then the tax is applied to that margin. A simpler method for many businesses is to calculate taxable margin as 70% of total revenue if the compensation deduction is not used, or if the entity is a sole proprietorship, general partnership, or estate. If an entity has total revenue exceeding \$1,230,000 but does not exceed \$1,480,000, it is considered a “qualified small business” and owes a flat rate of \$500. For entities with total revenue above \$1,480,000, the tax is calculated based on their taxable margin. The calculation of taxable margin is generally 70% of total revenue for entities that do not claim the compensation deduction. The tax rate is then applied to this taxable margin. Therefore, if an entity has total revenue of \$10,000,000 and does not claim the compensation deduction, its taxable margin would be \$7,000,000, and the tax would be 0.75% of \$7,000,000, which equals \$52,500. The exemption threshold for total revenue is \$1,230,000. Entities with total revenue at or below this amount are not subject to the franchise tax.
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Question 7 of 30
7. Question
Consider a limited liability company (LLC) organized and operating exclusively within Texas, whose fiscal year aligns with the calendar year. For the tax year commencing January 1, 2024, this LLC reported total revenue of $1.1 million. The LLC’s primary business activity is providing consulting services, which does not fall under the retail or wholesale trade classifications. Based on the Texas Franchise Tax Code, what is the franchise tax liability for this LLC for the 2024 tax year?
Correct
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For tax years beginning on or after January 1, 2024, the franchise tax is calculated based on total revenue and the entity’s business classification. Entities that owe $1,000 or less in franchise tax are not required to pay. The tax rate is determined by the entity’s total revenue and its industry classification. For entities with total revenue of $10 million or more, the tax rate is 0.75% if they are primarily engaged in retail or wholesale trade, and 1% for all other businesses. For entities with total revenue between $1 million and $10 million, the tax rate is 0.75% for retail or wholesale trade and 0.75% for all other businesses. For entities with total revenue of $1 million or less, the tax rate is 0.375% for retail or wholesale trade and 0.375% for all other businesses. However, the primary threshold for exemption is based on total revenue. An entity is exempt from the franchise tax if its total revenue is $1.23 million or less for tax years beginning on or after January 1, 2024. This threshold is adjusted annually for inflation. Therefore, if an entity’s total revenue is $1.1 million, it falls below the inflation-adjusted threshold for the 2024 tax year, making it exempt from the franchise tax.
Incorrect
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For tax years beginning on or after January 1, 2024, the franchise tax is calculated based on total revenue and the entity’s business classification. Entities that owe $1,000 or less in franchise tax are not required to pay. The tax rate is determined by the entity’s total revenue and its industry classification. For entities with total revenue of $10 million or more, the tax rate is 0.75% if they are primarily engaged in retail or wholesale trade, and 1% for all other businesses. For entities with total revenue between $1 million and $10 million, the tax rate is 0.75% for retail or wholesale trade and 0.75% for all other businesses. For entities with total revenue of $1 million or less, the tax rate is 0.375% for retail or wholesale trade and 0.375% for all other businesses. However, the primary threshold for exemption is based on total revenue. An entity is exempt from the franchise tax if its total revenue is $1.23 million or less for tax years beginning on or after January 1, 2024. This threshold is adjusted annually for inflation. Therefore, if an entity’s total revenue is $1.1 million, it falls below the inflation-adjusted threshold for the 2024 tax year, making it exempt from the franchise tax.
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Question 8 of 30
8. Question
Consider a limited liability company organized in Delaware that exclusively conducts business within Texas and is treated as a partnership for federal income tax purposes. This entity’s total revenue for federal tax purposes was \$5,000,000, its cost of goods sold was \$2,000,000, and its compensation paid to employees was \$1,500,000. The entity is not subject to federal income tax. How is its Texas franchise tax margin primarily determined under Chapter 171 of the Texas Tax Code?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is computed based on the entity’s margin, which is a calculation of its business loss. For most entities, the margin is the lesser of total revenue minus cost of goods sold, or total revenue minus compensation. However, for entities that are not subject to the federal income tax (such as partnerships, S corporations, and LLCs taxed as partnerships or S corporations), the calculation of margin can be more complex. The Texas Tax Code, specifically Chapter 171, outlines these computations. For an entity not subject to federal income tax, the “total revenue” for margin calculation purposes is generally its federal gross income. The “cost of goods sold” and “compensation” deductions are also determined by reference to federal income tax principles, with certain Texas-specific modifications. The tax rate is applied to the calculated margin. The threshold for owing franchise tax is when total revenue exceeds \$1.23 million. Entities with total revenue at or below this threshold are exempt from filing a franchise tax report. The question focuses on the implications of an entity not being subject to federal income tax on its Texas franchise tax liability, specifically concerning the determination of its margin. The correct approach involves using federal gross income as the starting point for total revenue and applying the relevant Texas modifications to cost of goods sold and compensation. The other options present incorrect interpretations of how federal tax status impacts margin calculation, such as applying the federal net operating loss deduction directly or using gross receipts without considering Texas-specific definitions.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is computed based on the entity’s margin, which is a calculation of its business loss. For most entities, the margin is the lesser of total revenue minus cost of goods sold, or total revenue minus compensation. However, for entities that are not subject to the federal income tax (such as partnerships, S corporations, and LLCs taxed as partnerships or S corporations), the calculation of margin can be more complex. The Texas Tax Code, specifically Chapter 171, outlines these computations. For an entity not subject to federal income tax, the “total revenue” for margin calculation purposes is generally its federal gross income. The “cost of goods sold” and “compensation” deductions are also determined by reference to federal income tax principles, with certain Texas-specific modifications. The tax rate is applied to the calculated margin. The threshold for owing franchise tax is when total revenue exceeds \$1.23 million. Entities with total revenue at or below this threshold are exempt from filing a franchise tax report. The question focuses on the implications of an entity not being subject to federal income tax on its Texas franchise tax liability, specifically concerning the determination of its margin. The correct approach involves using federal gross income as the starting point for total revenue and applying the relevant Texas modifications to cost of goods sold and compensation. The other options present incorrect interpretations of how federal tax status impacts margin calculation, such as applying the federal net operating loss deduction directly or using gross receipts without considering Texas-specific definitions.
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Question 9 of 30
9. Question
Consider a limited liability company, “Lone Star Innovations,” that is registered to do business in Texas and has no physical presence or economic nexus in any other U.S. state. During its most recent fiscal year, Lone Star Innovations generated total revenues of \$1,500,000 and incurred \$700,000 in compensation expenses. The company has no cost of goods sold. Assuming the entity is not eligible for any other deductions or exemptions and is subject to the cost of performance method for determining its margin, what is its taxable margin for Texas Franchise Tax purposes?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity for the privilege of doing business in Texas. The tax is based on the entity’s margin, which is calculated using one of two methods: the cost of performance method or the total revenue method. For entities that are not subject to apportionment or allocation rules, the margin is generally calculated as the lesser of the entity’s total revenue minus its compensation or total revenue minus its cost of goods sold. However, for entities that have nexus with Texas and also conduct business in other states, apportionment becomes critical. Apportionment is the process of allocating a portion of the entity’s total margin to Texas based on its business activity in the state. The Texas Franchise Tax uses a three-factor apportionment formula, which includes sales, property, and compensation. Each factor is weighted equally, and the sum of the percentages for each factor is divided by three to arrive at the apportionment factor. This factor is then multiplied by the entity’s total margin to determine the taxable margin in Texas. For a business operating solely within Texas and not having nexus with any other state, the apportionment factor would be 100% or 1.0. Therefore, the taxable margin would be the entity’s calculated margin without any reduction due to apportionment. If an entity’s total revenue is \$1,000,000 and its compensation is \$600,000, and it has no cost of goods sold, its total margin under the cost of performance method would be \$1,000,000 – \$600,000 = \$400,000. Since the entity operates exclusively in Texas, its apportionment factor is 1.0. Thus, the taxable margin is \$400,000 * 1.0 = \$400,000. The tax rate is then applied to this taxable margin. The Texas Franchise Tax is levied on the taxable margin, which is a calculated figure representing the entity’s business activity within Texas. The calculation of this margin involves specific deductions and apportionment if the entity operates in multiple states. For an entity operating exclusively within Texas, the apportionment calculation simplifies significantly, as its entire business activity is considered to be within the state. This means the apportionment factor is 100%. The tax is computed by applying the applicable tax rate to this apportioned margin.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity for the privilege of doing business in Texas. The tax is based on the entity’s margin, which is calculated using one of two methods: the cost of performance method or the total revenue method. For entities that are not subject to apportionment or allocation rules, the margin is generally calculated as the lesser of the entity’s total revenue minus its compensation or total revenue minus its cost of goods sold. However, for entities that have nexus with Texas and also conduct business in other states, apportionment becomes critical. Apportionment is the process of allocating a portion of the entity’s total margin to Texas based on its business activity in the state. The Texas Franchise Tax uses a three-factor apportionment formula, which includes sales, property, and compensation. Each factor is weighted equally, and the sum of the percentages for each factor is divided by three to arrive at the apportionment factor. This factor is then multiplied by the entity’s total margin to determine the taxable margin in Texas. For a business operating solely within Texas and not having nexus with any other state, the apportionment factor would be 100% or 1.0. Therefore, the taxable margin would be the entity’s calculated margin without any reduction due to apportionment. If an entity’s total revenue is \$1,000,000 and its compensation is \$600,000, and it has no cost of goods sold, its total margin under the cost of performance method would be \$1,000,000 – \$600,000 = \$400,000. Since the entity operates exclusively in Texas, its apportionment factor is 1.0. Thus, the taxable margin is \$400,000 * 1.0 = \$400,000. The tax rate is then applied to this taxable margin. The Texas Franchise Tax is levied on the taxable margin, which is a calculated figure representing the entity’s business activity within Texas. The calculation of this margin involves specific deductions and apportionment if the entity operates in multiple states. For an entity operating exclusively within Texas, the apportionment calculation simplifies significantly, as its entire business activity is considered to be within the state. This means the apportionment factor is 100%. The tax is computed by applying the applicable tax rate to this apportioned margin.
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Question 10 of 30
10. Question
Consider a limited liability company, “Lone Star Innovations LLC,” established in Delaware but actively conducting software development and sales operations within Texas. For the most recent fiscal year, Lone Star Innovations LLC reported total revenues of \$1.1 million, with \$950,000 of that revenue directly attributable to its business activities conducted within the state of Texas. Based on Texas Franchise Tax regulations, what is the primary filing obligation for Lone Star Innovations LLC regarding the Texas Franchise Tax for this fiscal year?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized in Texas, or doing business in Texas. The tax is based on the entity’s total revenue. For entities that owe less than \$500 in tax, they are generally exempt from paying the franchise tax, provided they meet certain revenue thresholds. Specifically, if an entity’s total revenue is \$1.23 million or less in Texas for the fiscal year, it is typically exempt from the franchise tax and does not need to file a report, except for the No Tax Due Report which must still be filed to claim the exemption. This threshold is adjusted periodically for inflation. Therefore, an entity with \$1.1 million in total revenue in Texas for the fiscal year would fall below the \$1.23 million threshold and would be exempt from paying the franchise tax, although it must still file a No Tax Due Report to formally claim this exemption. The concept of “doing business in Texas” is crucial; it implies more than just passive investment or occasional transactions. It generally involves a substantial connection or presence within the state, such as having employees, property, or conducting regular business activities.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized in Texas, or doing business in Texas. The tax is based on the entity’s total revenue. For entities that owe less than \$500 in tax, they are generally exempt from paying the franchise tax, provided they meet certain revenue thresholds. Specifically, if an entity’s total revenue is \$1.23 million or less in Texas for the fiscal year, it is typically exempt from the franchise tax and does not need to file a report, except for the No Tax Due Report which must still be filed to claim the exemption. This threshold is adjusted periodically for inflation. Therefore, an entity with \$1.1 million in total revenue in Texas for the fiscal year would fall below the \$1.23 million threshold and would be exempt from paying the franchise tax, although it must still file a No Tax Due Report to formally claim this exemption. The concept of “doing business in Texas” is crucial; it implies more than just passive investment or occasional transactions. It generally involves a substantial connection or presence within the state, such as having employees, property, or conducting regular business activities.
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Question 11 of 30
11. Question
Consider a limited liability company organized in Texas that conducts its primary business operations within the state. For the current tax year, the company reported total revenue of \$9 million. The company has elected to take a deduction for its cost of goods sold (COGS) in accordance with Texas Franchise Tax regulations. What is the franchise tax liability for this entity?
Correct
The Texas Franchise Tax is an annual tax imposed on entities doing business in Texas. The tax is calculated based on the entity’s total revenue and its chosen cost of goods sold (COGS) deduction or compensation deduction. For taxable entities with less than \$10 million in total revenue, they are eligible for the “No Tax Due Threshold.” However, this exemption is contingent upon filing a “No Tax Due” report. If an entity exceeds the \$1 million revenue threshold but remains below \$10 million, and chooses not to deduct COGS or compensation, their tax liability is calculated as 0.75% of total revenue. Conversely, if they elect to deduct COGS or compensation, the calculation involves a different methodology. The question posits a scenario where an entity has \$9 million in total revenue and elects to deduct COGS. Under Texas Franchise Tax rules, entities with total revenue between \$1 million and \$10 million that elect to take a deduction for COGS or compensation will have their tax calculated as 0.75% of their total revenue, provided they meet the requirements for taking such a deduction. Therefore, the tax due is 0.75% of \$9 million. Calculation: Taxable Revenue = \$9,000,000 Tax Rate = 0.75% = 0.0075 Tax Due = Taxable Revenue * Tax Rate Tax Due = \$9,000,000 * 0.0075 Tax Due = \$67,500 This calculation demonstrates that the entity owes \$67,500 in franchise tax. The key concept here is the tax rate applicable to entities within this specific revenue bracket when a deduction for COGS or compensation is elected. It is crucial to understand that simply having revenue below \$10 million does not automatically exempt an entity if they choose to take a deduction and their revenue exceeds the \$1 million threshold for filing. The “No Tax Due Threshold” applies to entities that file a “No Tax Due” report and do not owe tax. In this case, the entity is actively taking a deduction, indicating an intention to calculate tax liability rather than claiming a complete exemption based on revenue alone.
Incorrect
The Texas Franchise Tax is an annual tax imposed on entities doing business in Texas. The tax is calculated based on the entity’s total revenue and its chosen cost of goods sold (COGS) deduction or compensation deduction. For taxable entities with less than \$10 million in total revenue, they are eligible for the “No Tax Due Threshold.” However, this exemption is contingent upon filing a “No Tax Due” report. If an entity exceeds the \$1 million revenue threshold but remains below \$10 million, and chooses not to deduct COGS or compensation, their tax liability is calculated as 0.75% of total revenue. Conversely, if they elect to deduct COGS or compensation, the calculation involves a different methodology. The question posits a scenario where an entity has \$9 million in total revenue and elects to deduct COGS. Under Texas Franchise Tax rules, entities with total revenue between \$1 million and \$10 million that elect to take a deduction for COGS or compensation will have their tax calculated as 0.75% of their total revenue, provided they meet the requirements for taking such a deduction. Therefore, the tax due is 0.75% of \$9 million. Calculation: Taxable Revenue = \$9,000,000 Tax Rate = 0.75% = 0.0075 Tax Due = Taxable Revenue * Tax Rate Tax Due = \$9,000,000 * 0.0075 Tax Due = \$67,500 This calculation demonstrates that the entity owes \$67,500 in franchise tax. The key concept here is the tax rate applicable to entities within this specific revenue bracket when a deduction for COGS or compensation is elected. It is crucial to understand that simply having revenue below \$10 million does not automatically exempt an entity if they choose to take a deduction and their revenue exceeds the \$1 million threshold for filing. The “No Tax Due Threshold” applies to entities that file a “No Tax Due” report and do not owe tax. In this case, the entity is actively taking a deduction, indicating an intention to calculate tax liability rather than claiming a complete exemption based on revenue alone.
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Question 12 of 30
12. Question
Consider a limited liability company formed in Delaware that exclusively operates its business solely within the state of Texas, generating \$1.5 million in total revenue for the 2024 tax year. This company does not maintain any physical presence or employees outside of Texas. Under Texas Franchise Tax law, what is the primary obligation of this entity concerning the franchise tax for this period?
Correct
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2024, the threshold for owing franchise tax is based on total revenue. Entities with total revenue of \$1.321 million or less are exempt from owing franchise tax. However, they may still be required to file an information report. If an entity’s total revenue exceeds this threshold, it is subject to the tax. The tax is calculated based on either total revenue or apportioned taxable margin, whichever results in a lower tax liability. For entities that do not owe tax due to exceeding the revenue threshold but are still required to file, the filing is an information report. The concept of “doing business in Texas” is crucial for determining nexus and tax liability. This includes maintaining a place of business, employing individuals, or deriving revenue from sources within Texas. The exemption threshold is a key consideration for determining whether a taxable entity must pay the franchise tax, though filing obligations may still exist even if no tax is due.
Incorrect
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2024, the threshold for owing franchise tax is based on total revenue. Entities with total revenue of \$1.321 million or less are exempt from owing franchise tax. However, they may still be required to file an information report. If an entity’s total revenue exceeds this threshold, it is subject to the tax. The tax is calculated based on either total revenue or apportioned taxable margin, whichever results in a lower tax liability. For entities that do not owe tax due to exceeding the revenue threshold but are still required to file, the filing is an information report. The concept of “doing business in Texas” is crucial for determining nexus and tax liability. This includes maintaining a place of business, employing individuals, or deriving revenue from sources within Texas. The exemption threshold is a key consideration for determining whether a taxable entity must pay the franchise tax, though filing obligations may still exist even if no tax is due.
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Question 13 of 30
13. Question
Consider a newly formed limited liability company (LLC) established in Austin, Texas, with the sole purpose of providing specialized consulting services in cybersecurity. The LLC anticipates its total revenue for its first fiscal year to be \$1,150,000. Under Texas Franchise Tax regulations, what is the primary determinant for this LLC’s obligation to file and pay the franchise tax for that year?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is levied on the “margin” of the business, which is calculated using one of two methods: the cost of goods sold (COGS) method or the compensation method. A taxable entity must choose the method that results in the lowest tax liability. The COGS method involves subtracting the cost of goods sold from total revenue. The compensation method involves subtracting compensation paid to employees from total revenue. For entities that do not have a COGS, the compensation method is the only option. The law specifies that if an entity’s total revenue is \$1.23 million or less, it is exempt from the franchise tax. For entities with total revenue exceeding \$1.23 million, the tax rate is applied to the calculated margin. The effective tax rate for most businesses is 0.75% of the margin, while for businesses primarily engaged in wholesale or retail trade, it is 0.375% of the margin. However, there are provisions for a “EZ Computation” for entities with total revenue of \$10 million or less, where the tax is calculated as 0.75% of total revenue if the entity does not have COGS, or 0.375% if it does. This EZ computation is an alternative to the margin calculation and is often simpler. The question asks about the threshold for exemption from the Texas Franchise Tax. This threshold is a critical piece of information for any business operating in Texas.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is levied on the “margin” of the business, which is calculated using one of two methods: the cost of goods sold (COGS) method or the compensation method. A taxable entity must choose the method that results in the lowest tax liability. The COGS method involves subtracting the cost of goods sold from total revenue. The compensation method involves subtracting compensation paid to employees from total revenue. For entities that do not have a COGS, the compensation method is the only option. The law specifies that if an entity’s total revenue is \$1.23 million or less, it is exempt from the franchise tax. For entities with total revenue exceeding \$1.23 million, the tax rate is applied to the calculated margin. The effective tax rate for most businesses is 0.75% of the margin, while for businesses primarily engaged in wholesale or retail trade, it is 0.375% of the margin. However, there are provisions for a “EZ Computation” for entities with total revenue of \$10 million or less, where the tax is calculated as 0.75% of total revenue if the entity does not have COGS, or 0.375% if it does. This EZ computation is an alternative to the margin calculation and is often simpler. The question asks about the threshold for exemption from the Texas Franchise Tax. This threshold is a critical piece of information for any business operating in Texas.
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Question 14 of 30
14. Question
Consider a limited liability company formed and operating exclusively within Texas, whose fiscal year concluded on December 31, 2023. For this period, the company reported total revenue of \$1,150,000. The company’s primary business activity involves the provision of specialized consulting services. Based on the Texas Franchise Tax regulations for the 2023-2024 biennium, what is the filing obligation for this entity regarding the Texas Franchise Tax?
Correct
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2023 and subsequent years, entities are subject to the tax if they have total revenue of more than \$1.23 million. Entities with total revenue of \$1.23 million or less are exempt from the tax. The tax is calculated based on the entity’s taxable margin, which is determined by taking total revenue and subtracting allowable deductions. The tax rate depends on the entity’s business classification. For example, for entities primarily engaged in wholesale or retail trade, the tax rate is 0.75% of taxable margin. For other entities, the rate is 1.25% of taxable margin. There are also provisions for computing taxable margin using either the cost of goods sold deduction or the compensation deduction, whichever yields a lower tax. An entity must file a franchise tax report annually, even if it owes no tax. The filing deadline is generally May 15th for most entities. The Texas Comptroller of Public Accounts administers the franchise tax. Failure to file or pay can result in penalties and interest.
Incorrect
The Texas Franchise Tax is a privilege tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2023 and subsequent years, entities are subject to the tax if they have total revenue of more than \$1.23 million. Entities with total revenue of \$1.23 million or less are exempt from the tax. The tax is calculated based on the entity’s taxable margin, which is determined by taking total revenue and subtracting allowable deductions. The tax rate depends on the entity’s business classification. For example, for entities primarily engaged in wholesale or retail trade, the tax rate is 0.75% of taxable margin. For other entities, the rate is 1.25% of taxable margin. There are also provisions for computing taxable margin using either the cost of goods sold deduction or the compensation deduction, whichever yields a lower tax. An entity must file a franchise tax report annually, even if it owes no tax. The filing deadline is generally May 15th for most entities. The Texas Comptroller of Public Accounts administers the franchise tax. Failure to file or pay can result in penalties and interest.
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Question 15 of 30
15. Question
Consider a Texas-based corporation operating exclusively as a retailer of electronic goods. For the most recent tax period, the corporation reported total revenue of $5,000,000 and incurred $2,000,000 in cost of goods sold. Assuming the corporation does not qualify for any exemptions or credits and is subject to the standard franchise tax rate for non-financial institutions, what is the corporation’s Texas Franchise Tax liability for this period?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s margin, which is derived from its total revenue minus specific allowable deductions. For a business that is not a retailer, wholesaler, or specifically excluded entity, the margin is typically calculated as 70% of total revenue. However, if the entity qualifies as a retailer or wholesaler, the margin is calculated as 70% of total revenue minus the cost of goods sold (COGS). The question specifies that the entity is a retailer. Therefore, the calculation for the margin involves subtracting the COGS from the total revenue and then multiplying by the applicable rate. The statutory rate for taxable entities that are not financial institutions is 0.75% of margin. Total Revenue = $5,000,000 Cost of Goods Sold (COGS) = $2,000,000 Margin for a retailer = Total Revenue – COGS Margin = $5,000,000 – $2,000,000 = $3,000,000 Franchise Tax Liability = Margin * Tax Rate Franchise Tax Liability = $3,000,000 * 0.75% Franchise Tax Liability = $3,000,000 * 0.0075 Franchise Tax Liability = $22,500 The calculation demonstrates that for a retailer in Texas, the margin is determined by subtracting the cost of goods sold from total revenue, and the tax is then applied to this calculated margin. This method ensures that the tax is levied on the value added by the business rather than its gross receipts. The distinction between different business types, such as retailers and service providers, is crucial in determining the correct calculation methodology for the Texas Franchise Tax, as outlined in the Texas Tax Code. The 70% factor applies to entities not engaged in retail or wholesale trade, or those with specific exclusions. For retailers and wholesalers, the COGS deduction is permitted before applying the tax rate.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s margin, which is derived from its total revenue minus specific allowable deductions. For a business that is not a retailer, wholesaler, or specifically excluded entity, the margin is typically calculated as 70% of total revenue. However, if the entity qualifies as a retailer or wholesaler, the margin is calculated as 70% of total revenue minus the cost of goods sold (COGS). The question specifies that the entity is a retailer. Therefore, the calculation for the margin involves subtracting the COGS from the total revenue and then multiplying by the applicable rate. The statutory rate for taxable entities that are not financial institutions is 0.75% of margin. Total Revenue = $5,000,000 Cost of Goods Sold (COGS) = $2,000,000 Margin for a retailer = Total Revenue – COGS Margin = $5,000,000 – $2,000,000 = $3,000,000 Franchise Tax Liability = Margin * Tax Rate Franchise Tax Liability = $3,000,000 * 0.75% Franchise Tax Liability = $3,000,000 * 0.0075 Franchise Tax Liability = $22,500 The calculation demonstrates that for a retailer in Texas, the margin is determined by subtracting the cost of goods sold from total revenue, and the tax is then applied to this calculated margin. This method ensures that the tax is levied on the value added by the business rather than its gross receipts. The distinction between different business types, such as retailers and service providers, is crucial in determining the correct calculation methodology for the Texas Franchise Tax, as outlined in the Texas Tax Code. The 70% factor applies to entities not engaged in retail or wholesale trade, or those with specific exclusions. For retailers and wholesalers, the COGS deduction is permitted before applying the tax rate.
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Question 16 of 30
16. Question
Lone Star Logistics LLC, a limited liability company duly registered and actively operating within the state of Texas, reports total revenue of $12,500,000 for the most recent tax year. Following the application of all permissible deductions as outlined in the Texas Franchise Tax Act, the entity has calculated its total margin to be $3,200,000. Given these financial figures and the entity’s structure, what is the calculated Texas Franchise Tax liability for Lone Star Logistics LLC for this tax year?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2024, a taxable entity can determine its franchise tax liability using one of two methods: the margin tax or the applicable federal income tax. The margin tax calculation involves several steps. First, the entity must determine its total revenue. From total revenue, certain deductions are subtracted to arrive at total margin. These deductions include costs of goods sold, compensation, and payments to certain subcontractors. The taxable margin is then calculated by multiplying the total margin by a business’s applicable tax rate. For entities with total revenue of $10 million or more, the tax rate is 0.75% of taxable margin. For entities with total revenue less than $10 million, the tax rate is 0.375% of taxable margin. However, an entity can elect to use the federal income tax method if it is a sole proprietorship, partnership, or S-corporation, and its total revenue is less than $10 million. Under this method, the tax is calculated as 0.75% of the entity’s federal taxable income, with a minimum tax of $0. If an entity’s total revenue is $10 million or more, it must use the margin tax. The question presents a scenario where “Lone Star Logistics LLC,” a limited liability company operating in Texas, has total revenue of $12,500,000 for the tax year. As its total revenue exceeds $10 million, Lone Star Logistics LLC is prohibited from using the federal income tax method and must calculate its franchise tax using the margin tax. The entity’s total margin, after allowable deductions, is determined to be $3,200,000. Since its total revenue is above the $10 million threshold, the applicable tax rate is 0.75%. Therefore, the franchise tax liability is calculated as 0.75% of $3,200,000. This is computed as \(0.0075 \times \$3,200,000 = \$24,000\).
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity for the privilege of doing business in Texas. For the tax year 2024, a taxable entity can determine its franchise tax liability using one of two methods: the margin tax or the applicable federal income tax. The margin tax calculation involves several steps. First, the entity must determine its total revenue. From total revenue, certain deductions are subtracted to arrive at total margin. These deductions include costs of goods sold, compensation, and payments to certain subcontractors. The taxable margin is then calculated by multiplying the total margin by a business’s applicable tax rate. For entities with total revenue of $10 million or more, the tax rate is 0.75% of taxable margin. For entities with total revenue less than $10 million, the tax rate is 0.375% of taxable margin. However, an entity can elect to use the federal income tax method if it is a sole proprietorship, partnership, or S-corporation, and its total revenue is less than $10 million. Under this method, the tax is calculated as 0.75% of the entity’s federal taxable income, with a minimum tax of $0. If an entity’s total revenue is $10 million or more, it must use the margin tax. The question presents a scenario where “Lone Star Logistics LLC,” a limited liability company operating in Texas, has total revenue of $12,500,000 for the tax year. As its total revenue exceeds $10 million, Lone Star Logistics LLC is prohibited from using the federal income tax method and must calculate its franchise tax using the margin tax. The entity’s total margin, after allowable deductions, is determined to be $3,200,000. Since its total revenue is above the $10 million threshold, the applicable tax rate is 0.75%. Therefore, the franchise tax liability is calculated as 0.75% of $3,200,000. This is computed as \(0.0075 \times \$3,200,000 = \$24,000\).
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Question 17 of 30
17. Question
Consider a Texas limited partnership that qualifies as a passive entity. This partnership has elected to use the computed 70% of total revenue method for calculating its franchise tax liability. If the partnership’s total revenue for the current reporting period amounts to $5,000,000, what will be its taxable margin for Texas franchise tax purposes under this specific election?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is levied on the “franchise privilege” of doing business in Texas. The calculation of the franchise tax involves determining the entity’s “margin,” which is generally the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for certain types of entities and under specific circumstances, alternative methods for calculating the margin are available. One such alternative, applicable to passive entities, is the “computed 70% of total revenue” method. This method is an election that, if made, results in the taxable margin being calculated as 70% of the entity’s total revenue, irrespective of COGS or compensation. This election is particularly relevant for entities whose primary business is passive investment or holding assets. The statute specifies that this election, once made, is irrevocable for all subsequent franchise tax reports. Therefore, if a limited partnership in Texas, which is classified as a passive entity, elects to use the computed 70% of total revenue method, its taxable margin for franchise tax purposes will be exactly 70% of its total revenue. If the limited partnership’s total revenue for the period is $5,000,000, its taxable margin under this election would be \(0.70 \times \$5,000,000 = \$3,500,000\). This amount then forms the basis for applying the applicable tax rate to determine the final tax liability. The ability to make this election is a critical aspect of franchise tax planning for passive entities in Texas, offering a potentially simpler and sometimes more favorable tax calculation compared to the standard margin calculation methods.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is levied on the “franchise privilege” of doing business in Texas. The calculation of the franchise tax involves determining the entity’s “margin,” which is generally the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for certain types of entities and under specific circumstances, alternative methods for calculating the margin are available. One such alternative, applicable to passive entities, is the “computed 70% of total revenue” method. This method is an election that, if made, results in the taxable margin being calculated as 70% of the entity’s total revenue, irrespective of COGS or compensation. This election is particularly relevant for entities whose primary business is passive investment or holding assets. The statute specifies that this election, once made, is irrevocable for all subsequent franchise tax reports. Therefore, if a limited partnership in Texas, which is classified as a passive entity, elects to use the computed 70% of total revenue method, its taxable margin for franchise tax purposes will be exactly 70% of its total revenue. If the limited partnership’s total revenue for the period is $5,000,000, its taxable margin under this election would be \(0.70 \times \$5,000,000 = \$3,500,000\). This amount then forms the basis for applying the applicable tax rate to determine the final tax liability. The ability to make this election is a critical aspect of franchise tax planning for passive entities in Texas, offering a potentially simpler and sometimes more favorable tax calculation compared to the standard margin calculation methods.
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Question 18 of 30
18. Question
Consider a limited liability company (LLC) organized under the laws of Delaware that actively conducts business within Texas. For the most recent privilege period, the LLC reported total revenue of $1.1 million, all of which was generated from its operations within Texas. Assuming the LLC does not qualify for any specific industry rate reduction and is not primarily engaged in wholesale or retail trade, what is the amount of Texas Franchise Tax liability for this LLC for that privilege period?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s total revenue. For the 2024-2025 biennium, the tax rates are 0.75% for most entities and 0.375% for entities primarily engaged in wholesale or retail trade. However, entities with total revenue of $1.23 million or less are exempt from paying the franchise tax. This threshold is adjusted annually for inflation. To determine if an entity is subject to the tax, one must first ascertain if it is a taxable entity under Texas law and then compare its total revenue to the current threshold. If the entity is a taxable entity and its total revenue exceeds the threshold, it must file a franchise tax report. The calculation of the tax itself involves applying the appropriate rate to the taxable margin, which is derived from total revenue after certain deductions are applied, or the entity can elect to use the cost of goods sold (COGS) deduction method if it qualifies. However, the question focuses on the initial determination of liability based on revenue. An entity with total revenue of $1.1 million in Texas for the privilege period would fall below the $1.23 million threshold, thus not owing any franchise tax, regardless of its business classification. Therefore, the liability is zero.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s total revenue. For the 2024-2025 biennium, the tax rates are 0.75% for most entities and 0.375% for entities primarily engaged in wholesale or retail trade. However, entities with total revenue of $1.23 million or less are exempt from paying the franchise tax. This threshold is adjusted annually for inflation. To determine if an entity is subject to the tax, one must first ascertain if it is a taxable entity under Texas law and then compare its total revenue to the current threshold. If the entity is a taxable entity and its total revenue exceeds the threshold, it must file a franchise tax report. The calculation of the tax itself involves applying the appropriate rate to the taxable margin, which is derived from total revenue after certain deductions are applied, or the entity can elect to use the cost of goods sold (COGS) deduction method if it qualifies. However, the question focuses on the initial determination of liability based on revenue. An entity with total revenue of $1.1 million in Texas for the privilege period would fall below the $1.23 million threshold, thus not owing any franchise tax, regardless of its business classification. Therefore, the liability is zero.
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Question 19 of 30
19. Question
Consider a limited liability company (LLC) organized under the laws of Texas that is engaged in the business of providing consulting services across multiple states, including Texas. For the 2024 tax year, the LLC reported total revenue of \$1,100,000. The LLC incurred \$300,000 in compensation expenses and \$150,000 in costs of goods sold. Additionally, they paid \$20,000 in franchise taxes to the state of Oklahoma. What is the Texas Franchise Tax liability for this LLC for the 2024 tax year, assuming it does not qualify for any special exemptions or alternative calculation methods beyond the standard revenue-based calculation?
Correct
The Texas Franchise Tax is a tax on certain entities for the privilege of doing business in Texas. It is levied on entities that have taxable margin. For most entities, the tax is based on the entity’s total revenue minus the costs of goods sold (COGS), compensation, and taxes paid to other states, with certain limitations and deductions. The calculation involves determining the entity’s total revenue, then subtracting allowable deductions to arrive at the taxable margin. For entities that qualify for the “no tax due” threshold, the tax liability is zero. The threshold is adjusted annually for inflation. In 2023 and 2024, the threshold for most entities is \$1,230,000 in total revenue. If an entity’s total revenue is below this threshold, it owes no Texas Franchise Tax. Therefore, an entity with total revenue of \$1,100,000 would not be subject to the franchise tax. The law also includes provisions for specific types of entities and different calculation methods, such as the cost of performance method for certain service providers. However, the fundamental principle for determining if an entity owes tax is whether its taxable margin exceeds the statutory threshold.
Incorrect
The Texas Franchise Tax is a tax on certain entities for the privilege of doing business in Texas. It is levied on entities that have taxable margin. For most entities, the tax is based on the entity’s total revenue minus the costs of goods sold (COGS), compensation, and taxes paid to other states, with certain limitations and deductions. The calculation involves determining the entity’s total revenue, then subtracting allowable deductions to arrive at the taxable margin. For entities that qualify for the “no tax due” threshold, the tax liability is zero. The threshold is adjusted annually for inflation. In 2023 and 2024, the threshold for most entities is \$1,230,000 in total revenue. If an entity’s total revenue is below this threshold, it owes no Texas Franchise Tax. Therefore, an entity with total revenue of \$1,100,000 would not be subject to the franchise tax. The law also includes provisions for specific types of entities and different calculation methods, such as the cost of performance method for certain service providers. However, the fundamental principle for determining if an entity owes tax is whether its taxable margin exceeds the statutory threshold.
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Question 20 of 30
20. Question
Consider a Texas-domiciled entity whose primary business operations involve the transmission and delivery of cable television programming across various counties in Texas. This entity incurs significant costs related to the installation and maintenance of its fiber optic network, subscriber equipment, and content licensing agreements. If this entity is subject to the Texas Franchise Tax, which of the following most accurately describes the cost deduction allowed for calculating its taxable margin under Texas Tax Code Section 171.101(b)(1)(B)?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas, for the privilege of existing or doing business in the state. The tax is levied on the entity’s “margin,” which is a calculation based on revenue and compensation. For entities that are not subject to the Public Utility Regulatory Act (PURA) and are not cable television providers, the margin is calculated as the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for specific types of entities, such as those primarily engaged in the business of providing cable television services, the calculation of margin differs. For these cable television providers, the Texas Franchise Tax is calculated based on total revenue minus the cost of providing cable television services. This specific exclusion for COGS related to cable services is a key distinction. The statute, specifically Texas Tax Code Section 171.101(b)(1)(B), outlines this alternative margin calculation for cable television providers. Therefore, when determining the Texas Franchise Tax liability for a cable television provider, the relevant COGS are those directly associated with providing the cable television service itself.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas, for the privilege of existing or doing business in the state. The tax is levied on the entity’s “margin,” which is a calculation based on revenue and compensation. For entities that are not subject to the Public Utility Regulatory Act (PURA) and are not cable television providers, the margin is calculated as the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for specific types of entities, such as those primarily engaged in the business of providing cable television services, the calculation of margin differs. For these cable television providers, the Texas Franchise Tax is calculated based on total revenue minus the cost of providing cable television services. This specific exclusion for COGS related to cable services is a key distinction. The statute, specifically Texas Tax Code Section 171.101(b)(1)(B), outlines this alternative margin calculation for cable television providers. Therefore, when determining the Texas Franchise Tax liability for a cable television provider, the relevant COGS are those directly associated with providing the cable television service itself.
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Question 21 of 30
21. Question
Consider a newly formed limited liability company operating exclusively within the state of Texas, providing specialized consulting services. In its inaugural fiscal year, the company’s total revenue amounted to \$11,500,000. Based on the provisions of the Texas Franchise Tax Act, what is the most accurate classification of this entity’s obligation concerning the Texas Franchise Tax for this initial year?
Correct
The Texas Franchise Tax is a state levy on certain entities for the privilege of doing business in Texas. For corporations, limited liability companies, partnerships, and other entities, the tax is calculated based on the entity’s margin. The margin is determined by subtracting allowable deductions from total revenue. There are two primary methods for calculating the tax: the Total Revenue method and the Compensation method. If an entity’s total revenue is \$12 million or less, it is considered a “small business” and is exempt from the franchise tax. For larger businesses, the tax rate is applied to the calculated margin. The applicable tax rate depends on the business’s industry and the year in which the tax is assessed. For example, for tax periods ending on or after January 1, 2014, the rate for most businesses is 0.75% of margin. However, if the entity chooses the compensation deduction, the rate is 0.5% of margin. The question requires identifying the entity that is generally exempt from Texas Franchise Tax based on its revenue threshold.
Incorrect
The Texas Franchise Tax is a state levy on certain entities for the privilege of doing business in Texas. For corporations, limited liability companies, partnerships, and other entities, the tax is calculated based on the entity’s margin. The margin is determined by subtracting allowable deductions from total revenue. There are two primary methods for calculating the tax: the Total Revenue method and the Compensation method. If an entity’s total revenue is \$12 million or less, it is considered a “small business” and is exempt from the franchise tax. For larger businesses, the tax rate is applied to the calculated margin. The applicable tax rate depends on the business’s industry and the year in which the tax is assessed. For example, for tax periods ending on or after January 1, 2014, the rate for most businesses is 0.75% of margin. However, if the entity chooses the compensation deduction, the rate is 0.5% of margin. The question requires identifying the entity that is generally exempt from Texas Franchise Tax based on its revenue threshold.
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Question 22 of 30
22. Question
Texan Treats, Inc., a Texas-based confectionery business, exclusively sells its artisanal candies. During the most recent franchise tax report period, the company engaged in a significant transaction where it sold a large batch of its signature chocolates to a customer located in Oklahoma. Oklahoma imposes a sales tax on the retail sale of tangible personal property within its borders. Considering the Texas Franchise Tax Code’s provisions on revenue exclusions, what is the most accurate determination regarding the revenue generated from this specific Oklahoma sale for Texan Treats, Inc.’s Texas franchise tax liability?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s margin, which is a measure of its business activity in the state. For entities that do not elect to use the cost of goods sold (COGS) deduction, the margin is determined by subtracting either compensation or COGS, whichever is greater, from total revenue. However, certain deductions and exclusions are available to reduce the taxable margin. One such exclusion, relevant to the question, is the exclusion for revenue derived from the sale of tangible personal property if the sale meets specific criteria. Specifically, if an entity sells tangible personal property to a customer located in another state, and that other state imposes a sales tax on the transaction, the revenue from that sale may be excluded from the Texas margin calculation. This is to prevent double taxation of sales revenue and to align with principles of interstate commerce. Therefore, if “Texan Treats, Inc.” sells its specialty candies to a customer in Oklahoma, and Oklahoma levies a sales tax on that transaction, the revenue generated from that specific sale would be excluded from Texan Treats, Inc.’s Texas margin. This exclusion is not dependent on whether Texan Treats, Inc. itself collects or remits the Oklahoma sales tax, but rather on the fact that the other state imposes such a tax. The Texas Franchise Tax Code, specifically the provisions related to revenue exclusions, governs this treatment.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is calculated based on the entity’s margin, which is a measure of its business activity in the state. For entities that do not elect to use the cost of goods sold (COGS) deduction, the margin is determined by subtracting either compensation or COGS, whichever is greater, from total revenue. However, certain deductions and exclusions are available to reduce the taxable margin. One such exclusion, relevant to the question, is the exclusion for revenue derived from the sale of tangible personal property if the sale meets specific criteria. Specifically, if an entity sells tangible personal property to a customer located in another state, and that other state imposes a sales tax on the transaction, the revenue from that sale may be excluded from the Texas margin calculation. This is to prevent double taxation of sales revenue and to align with principles of interstate commerce. Therefore, if “Texan Treats, Inc.” sells its specialty candies to a customer in Oklahoma, and Oklahoma levies a sales tax on that transaction, the revenue generated from that specific sale would be excluded from Texan Treats, Inc.’s Texas margin. This exclusion is not dependent on whether Texan Treats, Inc. itself collects or remits the Oklahoma sales tax, but rather on the fact that the other state imposes such a tax. The Texas Franchise Tax Code, specifically the provisions related to revenue exclusions, governs this treatment.
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Question 23 of 30
23. Question
Consider “Lone Star Widgets Inc.,” a corporation established and operating exclusively within the state of Texas, generating all its sales revenue from customers located in Texas. For the current fiscal year, the company reports total revenue of \(5,000,000\) and has no allowable deductions for franchise tax purposes. If Lone Star Widgets Inc. employs the cost of performance method for franchise tax calculation, what would be its franchise tax liability before any potential credits?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity that is doing or has the privilege of doing business in Texas. For tax periods beginning on or after January 1, 2014, the tax is computed using one of two methods: the cost of performance method or the total revenue method. A taxable entity must use the method that results in the lowest tax liability. The cost of performance method is generally used when a taxable entity’s total revenue is derived from activities performed within Texas. The total revenue method is used when the cost of performance method is not applicable or results in a higher tax liability. The question asks about the calculation of the Texas Franchise Tax for a business operating solely within Texas. In this scenario, all revenue is derived from activities performed within Texas. Therefore, the cost of performance method, which calculates tax based on revenue attributable to activities performed in Texas, would be applied. Since all activities and revenue are within Texas, the total revenue and the cost of performance revenue are the same. The tax rate for most entities is \(0.75\%\) of taxable margin. The taxable margin is calculated as total revenue minus the applicable deductions. For an entity with total revenue of \(5,000,000\) and no allowable deductions, the taxable margin would be \(5,000,000\). The tax liability would then be \(0.75\%\) of \(5,000,000\), which is \(0.0075 \times 5,000,000 = 37,500\).
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity that is doing or has the privilege of doing business in Texas. For tax periods beginning on or after January 1, 2014, the tax is computed using one of two methods: the cost of performance method or the total revenue method. A taxable entity must use the method that results in the lowest tax liability. The cost of performance method is generally used when a taxable entity’s total revenue is derived from activities performed within Texas. The total revenue method is used when the cost of performance method is not applicable or results in a higher tax liability. The question asks about the calculation of the Texas Franchise Tax for a business operating solely within Texas. In this scenario, all revenue is derived from activities performed within Texas. Therefore, the cost of performance method, which calculates tax based on revenue attributable to activities performed in Texas, would be applied. Since all activities and revenue are within Texas, the total revenue and the cost of performance revenue are the same. The tax rate for most entities is \(0.75\%\) of taxable margin. The taxable margin is calculated as total revenue minus the applicable deductions. For an entity with total revenue of \(5,000,000\) and no allowable deductions, the taxable margin would be \(5,000,000\). The tax liability would then be \(0.75\%\) of \(5,000,000\), which is \(0.0075 \times 5,000,000 = 37,500\).
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Question 24 of 30
24. Question
Consider a Texas-based limited liability company, “Texan Innovations LLC,” which is part of a larger multinational conglomerate headquartered in Delaware. Texan Innovations LLC manufactures and sells specialized electronic components exclusively within Texas. The Delaware parent company holds the exclusive rights to the patented technology and brand name used by Texan Innovations LLC. Texan Innovations LLC pays an annual royalty of $500,000 to its Delaware parent for the use of this technology and brand name. Additionally, Texan Innovations LLC pays $1,200,000 in wages and benefits to its Texas-based employees who are directly involved in the manufacturing process. The total revenue generated by Texan Innovations LLC from sales within Texas is $10,000,000. If Texan Innovations LLC opts to calculate its franchise tax margin using the COGS deduction, which of the following accurately reflects the deductible amount of the royalty payment under Texas Franchise Tax Law?
Correct
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas. The tax is levied on the “margin” of a taxable entity. For most entities, the margin is calculated as the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for certain entities, specifically those that are part of an affiliated group, the calculation of COGS and compensation can be impacted by intercompany transactions. When an entity is part of an affiliated group, and it incurs costs for goods or services that are provided by another entity within that same group, the ability to deduct those intercompany costs from its own revenue for franchise tax purposes depends on whether those costs are considered “COGS” or “compensation” under the Texas Franchise Tax Code and related administrative rules. Specifically, for COGS, the Texas Tax Code generally requires that the costs be directly related to the production of goods sold. For compensation, it includes wages and employee benefits. If a Texas entity is part of an affiliated group and pays royalties or management fees to a parent company located in another state, these payments are generally not deductible as COGS or compensation for the Texas entity’s franchise tax calculation unless they meet specific criteria. Royalties for intellectual property or management fees for services are typically treated as operating expenses, not directly as COGS or compensation. Texas franchise tax rules, particularly concerning the apportionment of revenue and deductions for entities within an affiliated group, emphasize arm’s-length transactions and the direct link between costs and the generation of taxable margin within Texas. Payments to related entities for services or intangible rights that do not directly represent the cost of producing tangible goods sold or compensation for direct labor are generally not deductible. Therefore, a Texas entity paying royalties to an out-of-state parent for the use of a trademark and brand name, which are intangible assets, would not be able to deduct these royalty payments as COGS or compensation when calculating its Texas franchise tax margin.
Incorrect
The Texas Franchise Tax is an annual tax imposed on each taxable entity formed or organized under the laws of Texas, or doing business in Texas. The tax is levied on the “margin” of a taxable entity. For most entities, the margin is calculated as the lesser of total revenue minus cost of goods sold (COGS) or total revenue minus compensation. However, for certain entities, specifically those that are part of an affiliated group, the calculation of COGS and compensation can be impacted by intercompany transactions. When an entity is part of an affiliated group, and it incurs costs for goods or services that are provided by another entity within that same group, the ability to deduct those intercompany costs from its own revenue for franchise tax purposes depends on whether those costs are considered “COGS” or “compensation” under the Texas Franchise Tax Code and related administrative rules. Specifically, for COGS, the Texas Tax Code generally requires that the costs be directly related to the production of goods sold. For compensation, it includes wages and employee benefits. If a Texas entity is part of an affiliated group and pays royalties or management fees to a parent company located in another state, these payments are generally not deductible as COGS or compensation for the Texas entity’s franchise tax calculation unless they meet specific criteria. Royalties for intellectual property or management fees for services are typically treated as operating expenses, not directly as COGS or compensation. Texas franchise tax rules, particularly concerning the apportionment of revenue and deductions for entities within an affiliated group, emphasize arm’s-length transactions and the direct link between costs and the generation of taxable margin within Texas. Payments to related entities for services or intangible rights that do not directly represent the cost of producing tangible goods sold or compensation for direct labor are generally not deductible. Therefore, a Texas entity paying royalties to an out-of-state parent for the use of a trademark and brand name, which are intangible assets, would not be able to deduct these royalty payments as COGS or compensation when calculating its Texas franchise tax margin.
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Question 25 of 30
25. Question
A newly formed limited liability company (LLC) operating exclusively within Texas reports its total revenue for its first fiscal year. The total revenue generated by the LLC during this period amounts to \$1.1 million. Assuming the current year’s inflation-adjusted threshold for exemption from the Texas Franchise Tax is \$1.23 million, what is the LLC’s franchise tax liability for this fiscal year?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is levied on the “franchise tax liability” of an entity. For most entities, this liability is calculated based on their total revenue and compensation. Specifically, an entity must determine its “margin.” The franchise tax is levied on the lowest of three possible “margins”: (1) 70% of total revenue, (2) total revenue minus total compensation, or (3) total revenue minus \$1 million. The tax rate is then applied to this calculated margin. However, entities with total revenue of \$1.23 million or less (as adjusted for inflation annually) are exempt from the tax. This threshold is critical for determining tax liability. In this scenario, the entity’s total revenue is \$1.1 million. Since \$1.1 million is less than the \$1.23 million threshold for the current tax period, the entity is exempt from paying the Texas Franchise Tax. Therefore, its franchise tax liability is \$0.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or reorganized under the laws of Texas or doing business in Texas. The tax is levied on the “franchise tax liability” of an entity. For most entities, this liability is calculated based on their total revenue and compensation. Specifically, an entity must determine its “margin.” The franchise tax is levied on the lowest of three possible “margins”: (1) 70% of total revenue, (2) total revenue minus total compensation, or (3) total revenue minus \$1 million. The tax rate is then applied to this calculated margin. However, entities with total revenue of \$1.23 million or less (as adjusted for inflation annually) are exempt from the tax. This threshold is critical for determining tax liability. In this scenario, the entity’s total revenue is \$1.1 million. Since \$1.1 million is less than the \$1.23 million threshold for the current tax period, the entity is exempt from paying the Texas Franchise Tax. Therefore, its franchise tax liability is \$0.
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Question 26 of 30
26. Question
Consider a limited liability company organized under the laws of Delaware that has registered to do business in Texas and has \$1.23 million in total annual revenue. Based on Texas Franchise Tax regulations, what is the franchise tax liability for this entity for the current tax period?
Correct
The Texas Franchise Tax is a tax on each taxable entity that is doing business in Texas. For franchise tax purposes, “doing business” is broadly defined and includes, but is not limited to, holding a business permit or license in Texas, or owning, leasing, or using in Texas, among other activities. The tax is based on the entity’s total revenue, with deductions and credits available. Specifically, the tax is calculated on the lowest of three possible tax bases: total revenue, total revenue minus cost of goods sold, or total revenue minus compensation. However, for entities with less than \$1.23 million in total revenue (adjusted annually for inflation), no tax is due. For entities with \$1.23 million or more in total revenue, the tax rate is 0.75% for entities that are not financial institutions and 0.5% for financial institutions. The calculation for a non-financial institution with total revenue of \$5,000,000 and no cost of goods sold or compensation deductions would involve determining the lowest tax base, which in this simplified example is \$5,000,000. The tax would then be calculated as \$5,000,000 multiplied by 0.75%, resulting in \$37,500. However, if the entity’s total revenue is below the \$1.23 million threshold, no tax is owed. Therefore, the critical factor is whether the entity’s total revenue exceeds the statutory threshold. The question asks about an entity that has \$1.23 million in total revenue. According to Texas Franchise Tax law, entities with total revenue at or below \$1.23 million are exempt from the tax. Therefore, an entity with exactly \$1.23 million in total revenue owes no franchise tax in Texas.
Incorrect
The Texas Franchise Tax is a tax on each taxable entity that is doing business in Texas. For franchise tax purposes, “doing business” is broadly defined and includes, but is not limited to, holding a business permit or license in Texas, or owning, leasing, or using in Texas, among other activities. The tax is based on the entity’s total revenue, with deductions and credits available. Specifically, the tax is calculated on the lowest of three possible tax bases: total revenue, total revenue minus cost of goods sold, or total revenue minus compensation. However, for entities with less than \$1.23 million in total revenue (adjusted annually for inflation), no tax is due. For entities with \$1.23 million or more in total revenue, the tax rate is 0.75% for entities that are not financial institutions and 0.5% for financial institutions. The calculation for a non-financial institution with total revenue of \$5,000,000 and no cost of goods sold or compensation deductions would involve determining the lowest tax base, which in this simplified example is \$5,000,000. The tax would then be calculated as \$5,000,000 multiplied by 0.75%, resulting in \$37,500. However, if the entity’s total revenue is below the \$1.23 million threshold, no tax is owed. Therefore, the critical factor is whether the entity’s total revenue exceeds the statutory threshold. The question asks about an entity that has \$1.23 million in total revenue. According to Texas Franchise Tax law, entities with total revenue at or below \$1.23 million are exempt from the tax. Therefore, an entity with exactly \$1.23 million in total revenue owes no franchise tax in Texas.
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Question 27 of 30
27. Question
A manufacturing firm, “Lone Star Fabrication,” operates solely within Texas and reported total revenue of $25,000,000 for the current franchise tax period. The company’s expenses include $8,000,000 for raw materials used in production, $4,000,000 for direct labor involved in the manufacturing process, $2,000,000 for factory utilities and depreciation on manufacturing equipment, and $3,000,000 for administrative salaries and marketing expenses. To determine its franchise tax liability, Lone Star Fabrication must calculate its margin. Which of the following represents the correct deduction for cost of goods sold under Texas Franchise Tax law for this entity?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or doing business in Texas. The tax is based on the entity’s margin, which is calculated in one of two ways: either total revenue minus cost of goods sold, or total revenue minus compensation, or total revenue minus the sum of cost of goods sold and compensation, whichever is the smallest. For entities with total revenue of $10 million or more, they must use the cost of goods sold deduction, which is the amount paid for goods that are either manufactured by the taxpayer, purchased for resale, or produced by the taxpayer. This deduction is generally limited to the taxpayer’s basis in the property sold. The Texas Comptroller of Public Accounts provides specific guidance on what constitutes “cost of goods sold” for various industries. For a business operating in Texas that manufactures goods, the cost of goods sold would include direct materials, direct labor, and manufacturing overhead directly related to the production of those goods. Indirect costs, such as general administrative expenses, marketing, or sales commissions, are not typically included in the cost of goods sold deduction for franchise tax purposes. Therefore, when calculating the franchise tax margin, a Texas-based manufacturing entity would deduct the costs directly attributable to the production of the goods it sells.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or doing business in Texas. The tax is based on the entity’s margin, which is calculated in one of two ways: either total revenue minus cost of goods sold, or total revenue minus compensation, or total revenue minus the sum of cost of goods sold and compensation, whichever is the smallest. For entities with total revenue of $10 million or more, they must use the cost of goods sold deduction, which is the amount paid for goods that are either manufactured by the taxpayer, purchased for resale, or produced by the taxpayer. This deduction is generally limited to the taxpayer’s basis in the property sold. The Texas Comptroller of Public Accounts provides specific guidance on what constitutes “cost of goods sold” for various industries. For a business operating in Texas that manufactures goods, the cost of goods sold would include direct materials, direct labor, and manufacturing overhead directly related to the production of those goods. Indirect costs, such as general administrative expenses, marketing, or sales commissions, are not typically included in the cost of goods sold deduction for franchise tax purposes. Therefore, when calculating the franchise tax margin, a Texas-based manufacturing entity would deduct the costs directly attributable to the production of the goods it sells.
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Question 28 of 30
28. Question
Consider a limited partnership formed in Delaware that conducts significant marketing and sales operations within Texas, including employing resident sales representatives and maintaining a Texas-based customer service center, but has no physical office or property in the state. Under Texas Franchise Tax law, what is the most likely determination regarding whether this partnership is “doing business” in Texas for franchise tax purposes?
Correct
The Texas Franchise Tax is a franchise tax imposed on entities for the privilege of doing business in Texas. The tax is based on the entity’s margin, which is calculated using one of two methods: the cost of performance method or the total revenue method. For the cost of performance method, an entity apportions its total revenue based on the ratio of its costs incurred in Texas to its total costs everywhere. For the total revenue method, an entity apportions its total revenue based on the ratio of its gross receipts in Texas to its total gross receipts everywhere. The Texas Tax Code, specifically Chapter 171, governs this tax. Entities with total revenue of $1.23 million or less are exempt from the tax. For those above this threshold, the tax rate depends on the entity’s business type and its calculated margin. The determination of what constitutes “doing business” in Texas is crucial, and it generally involves more than mere physical presence, often including economic activity or substantial business operations within the state. The specific allocation and apportionment rules, particularly the distinction between the cost of performance and total revenue methods, are key to accurately calculating the tax liability. The Texas Comptroller of Public Accounts provides detailed guidance on these calculations and reporting requirements.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on entities for the privilege of doing business in Texas. The tax is based on the entity’s margin, which is calculated using one of two methods: the cost of performance method or the total revenue method. For the cost of performance method, an entity apportions its total revenue based on the ratio of its costs incurred in Texas to its total costs everywhere. For the total revenue method, an entity apportions its total revenue based on the ratio of its gross receipts in Texas to its total gross receipts everywhere. The Texas Tax Code, specifically Chapter 171, governs this tax. Entities with total revenue of $1.23 million or less are exempt from the tax. For those above this threshold, the tax rate depends on the entity’s business type and its calculated margin. The determination of what constitutes “doing business” in Texas is crucial, and it generally involves more than mere physical presence, often including economic activity or substantial business operations within the state. The specific allocation and apportionment rules, particularly the distinction between the cost of performance and total revenue methods, are key to accurately calculating the tax liability. The Texas Comptroller of Public Accounts provides detailed guidance on these calculations and reporting requirements.
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Question 29 of 30
29. Question
Astro-Ventures LLC, a limited liability company formed in Texas, exclusively conducts its business operations within the state. For the most recent reporting period, the company generated a total revenue of $1,100,000. Considering the current Texas Franchise Tax regulations for the 2024-2025 biennium, what is the primary determination regarding Astro-Ventures LLC’s franchise tax obligations?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is levied on the “privilege” of doing business in Texas. For many entities, the tax is calculated based on taxable margin. The Franchise Tax is administered by the Texas Comptroller of Public Accounts. Entities that owe franchise tax must file a report annually. The threshold for owing the tax is based on total revenue. If an entity’s total revenue is $1,180,000 or less for the 2024-2025 biennium, it is exempt from filing a franchise tax report and paying the tax, provided it does not owe any other Texas taxes that require it to register with the Comptroller. This exemption is often referred to as the “EZ-Line” or “no tax due” threshold. For entities exceeding this revenue threshold, they must determine their tax liability based on one of two methods: the cost of goods sold (COGS) method or the compensation method. The taxable margin is calculated by taking total revenue and subtracting allowable deductions. For the COGS method, allowable deductions include COGS. For the compensation method, allowable deductions include compensation. The tax rate is then applied to the taxable margin. However, the fundamental prerequisite for any calculation or filing obligation for most entities is whether they exceed the established revenue threshold for exemption. In this scenario, “Astro-Ventures LLC,” a limited liability company, is formed in Texas and conducts business solely within the state. Its total revenue for the reporting period was $1,100,000. Since this amount is below the $1,180,000 threshold for the 2024-2025 biennium, Astro-Ventures LLC is not required to file a Texas Franchise Tax report or pay any franchise tax for this period. The critical factor determining the obligation is the total revenue relative to the statutory exemption threshold.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity formed or organized under the laws of Texas or doing business in Texas. The tax is levied on the “privilege” of doing business in Texas. For many entities, the tax is calculated based on taxable margin. The Franchise Tax is administered by the Texas Comptroller of Public Accounts. Entities that owe franchise tax must file a report annually. The threshold for owing the tax is based on total revenue. If an entity’s total revenue is $1,180,000 or less for the 2024-2025 biennium, it is exempt from filing a franchise tax report and paying the tax, provided it does not owe any other Texas taxes that require it to register with the Comptroller. This exemption is often referred to as the “EZ-Line” or “no tax due” threshold. For entities exceeding this revenue threshold, they must determine their tax liability based on one of two methods: the cost of goods sold (COGS) method or the compensation method. The taxable margin is calculated by taking total revenue and subtracting allowable deductions. For the COGS method, allowable deductions include COGS. For the compensation method, allowable deductions include compensation. The tax rate is then applied to the taxable margin. However, the fundamental prerequisite for any calculation or filing obligation for most entities is whether they exceed the established revenue threshold for exemption. In this scenario, “Astro-Ventures LLC,” a limited liability company, is formed in Texas and conducts business solely within the state. Its total revenue for the reporting period was $1,100,000. Since this amount is below the $1,180,000 threshold for the 2024-2025 biennium, Astro-Ventures LLC is not required to file a Texas Franchise Tax report or pay any franchise tax for this period. The critical factor determining the obligation is the total revenue relative to the statutory exemption threshold.
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Question 30 of 30
30. Question
Consider a Texas-based limited liability company, “Texan Tech Solutions,” which provides specialized software development services. During the 2023 tax year, Texan Tech Solutions reported total revenue of $15,000,000. This revenue includes $12,000,000 from its core software development contracts, $1,500,000 from consulting fees for IT strategy, and $1,500,000 from interest earned on short-term investments of its operating capital. Under Texas Franchise Tax regulations, how is the total revenue of $15,000,000 classified for the purpose of calculating the entity’s taxable margin?
Correct
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or deriving an advantage from its existence in Texas. The tax is levied on the “taxable margin,” which is calculated based on a business’s total revenue minus allowable deductions. For many businesses, the taxable margin is determined by one of two methods: the compensation method or the cost of goods sold method. The choice between these methods can significantly impact the tax liability. A business’s gross receipts are a key component in calculating the taxable margin. Gross receipts are defined as the total amount received from all sources by the entity, including the sale of goods and services, interest, dividends, rents, royalties, and other business income. For purposes of the Texas Franchise Tax, gross receipts are generally determined on a cash or accrual basis, consistent with the entity’s accounting method. The definition of gross receipts is crucial because it forms the starting point for calculating the taxable margin, and any mischaracterization or omission of revenue can lead to incorrect tax calculations and potential penalties. The Franchise Tax Code specifies how various types of income are treated and included in gross receipts.
Incorrect
The Texas Franchise Tax is a franchise tax imposed on each taxable entity organized or deriving an advantage from its existence in Texas. The tax is levied on the “taxable margin,” which is calculated based on a business’s total revenue minus allowable deductions. For many businesses, the taxable margin is determined by one of two methods: the compensation method or the cost of goods sold method. The choice between these methods can significantly impact the tax liability. A business’s gross receipts are a key component in calculating the taxable margin. Gross receipts are defined as the total amount received from all sources by the entity, including the sale of goods and services, interest, dividends, rents, royalties, and other business income. For purposes of the Texas Franchise Tax, gross receipts are generally determined on a cash or accrual basis, consistent with the entity’s accounting method. The definition of gross receipts is crucial because it forms the starting point for calculating the taxable margin, and any mischaracterization or omission of revenue can lead to incorrect tax calculations and potential penalties. The Franchise Tax Code specifies how various types of income are treated and included in gross receipts.