Quick Answer
Most Texas freelancers don't owe franchise tax because it only applies to entities with gross receipts over $1.23 million annually. Solo freelancers operating as sole proprietorships are generally exempt, but LLCs and corporations may owe the tax even with lower revenue.
Best Answer
James Okafor, Self-Employment Tax Specialist
Best for established freelancers who may be considering business structure changes or have higher revenue
Who owes Texas franchise tax?
The Texas franchise tax applies to most business entities doing business in Texas, but sole proprietorships are exempt. This means if you're a freelancer operating under your own name (not as an LLC or corporation), you won't owe franchise tax regardless of your income level.
Franchise tax thresholds and rates
For entities that do owe franchise tax, the key threshold is $1.23 million in annual gross receipts. If your business entity (LLC, corporation, partnership) has gross receipts below this amount, you're exempt from franchise tax.
Example: $150,000 freelance web designer
Sarah is a web designer earning $150,000 annually. Let's compare her franchise tax liability under different business structures:
As sole proprietorship: $0 franchise tax (exempt)
As single-member LLC: $0 franchise tax (under $1.23M threshold)
As S-Corporation: $0 franchise tax (under $1.23M threshold)
Even high-earning freelancers typically stay well below the $1.23 million threshold, making franchise tax a non-issue for most solo practitioners.
What counts as "gross receipts"?
Gross receipts include all revenue from Texas sources before deductions. For freelancers, this means:
Key factors that affect franchise tax liability
What you should do
If you're a sole proprietor earning under $1 million annually, franchise tax isn't a concern. Focus on federal self-employment tax and quarterly estimated payments instead. Use our quarterly estimator to calculate what you actually owe the IRS.
If you're considering forming an LLC or corporation, factor in that you'll need to file franchise tax returns (Form 05-163) even if you owe $0, which adds compliance burden.
Key takeaway: Most Texas freelancers owe $0 in franchise tax because they operate as sole proprietorships or earn less than $1.23 million annually.
*Sources: [Texas Comptroller Franchise Tax Guide](https://comptroller.texas.gov/taxes/franchise/), [IRS Publication 334](https://www.irs.gov/pub/irs-pdf/p334.pdf)*
Key Takeaway: Most Texas freelancers owe $0 in franchise tax because they operate as sole proprietorships or earn less than $1.23 million annually.
Texas franchise tax liability by business structure and revenue level
| Business Structure | Annual Revenue | Franchise Tax Rate | Annual Tax Owed |
|---|---|---|---|
| Sole Proprietorship | Any amount | Exempt | $0 |
| LLC/Corporation | Under $1.23M | Exempt | $0 |
| LLC/Corporation | $1.5M | 0.375% | ~$5,625 |
| LLC/Corporation | $25M | 0.75% | ~$187,500 |
More Perspectives
James Okafor, Self-Employment Tax Specialist
Best for freelancers just starting out who are confused about Texas business taxes
Don't panic about franchise tax as a new freelancer
As a new Texas freelancer, franchise tax probably isn't something you need to worry about. The Texas franchise tax is designed for larger businesses, not solo freelancers just getting started.
Simple rule for beginners
If you're freelancing under your own name (sole proprietorship), you're automatically exempt from franchise tax. No forms to file, no payments to make, no compliance requirements.
Even if you formed an LLC for your freelance business, you're still exempt if your gross receipts are under $1.23 million annually. For context, that's over $100,000 per month in revenue.
What new freelancers actually owe
Instead of worrying about franchise tax, focus on what you actually do owe:
Example for a new freelancer
Mike just started freelance graphic design and expects to earn $30,000 his first year:
His biggest concern should be setting aside money for quarterly payments, not franchise tax.
Key takeaway: New freelancers should focus on federal taxes and quarterly payments, not franchise tax, which doesn't apply to most solo practitioners.
Key Takeaway: New freelancers should focus on federal taxes and quarterly payments, not franchise tax, which doesn't apply to most solo practitioners.
Sources
- Texas Comptroller Franchise Tax Guide — Official guide to Texas franchise tax rules and exemptions
- IRS Publication 334 — Tax Guide for Small Business
Reviewed by James Okafor, Self-Employment Tax Specialist on February 28, 2026
This content is for educational purposes only and is not a substitute for professional tax advice. Consult a qualified tax professional for advice specific to your situation.