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A franchise tax is a government levy (tax) charged by some US states to certain business organizations such as corporations and partnerships with a nexus in the state. A franchise tax is not based on income. Rather, the typical franchise tax calculation is based on the net worth of capital held by the entity. The franchise tax effectively ...
For example, Washington state does not have an income tax but levies a B&O (business and occupation tax) which is arguably a larger burden because the B&O tax is calculated as a percentage of revenue rather than a percentage of net income, like the corporate income tax. This means even loss-making enterprises are required to pay the tax.
Tax could be avoided by manipulation of the components of the formula like the location of mobile assets. Compliance costs would be increased by the need to calculate each component of the formula in each jurisdiction. Compliance costs would be much higher unless all jurisdictions adopted a common method of calculating taxable profits.
A limited liability company and certain other business entities may elect to be treated as corporations or as partnerships. [42] States generally follow such characterization. Many states also allow corporations to elect S corporation status. Charitable organizations are subject to tax on business income. [43]
The franchise tax can be an amount based on revenue, an amount based on profits, or an amount based on the number of owners or the amount of capital employed in the state, or some combination of those factors, or simply a flat fee, as in Delaware. Effective in Texas for 2007 the franchise tax is replaced with the Texas Business Margin Tax.
Location of Texas. Texas is a state in the South Central region of the United States. The region's second-quarter 2018 gross state product was 8.6% of the GDP of the country at $1.755 trillion, with significant growth in mining, quarrying, and oil and gas extraction. [1]
Delaware - Business and occupational gross receipts tax rates range from 0.096% to 1.92%, depending on the business activity. [ 5 ] Florida - A tax of 2.5% is imposed on "gross receipts from the sale, delivery, or transportation of natural gas, manufactured gas, or electricity to a retail consumer in Florida," referring to utility companies ...
This is different from changing a tax accounting method under the release of the IRS because, in the case of adopting another method, the IRS may assess fines and reallocate taxable income. If the taxpayer wants to return to the previous method, the taxpayer must ask for permission from the IRS, following the 446(e) procedure.