The
franchise tax is imposed upon all corporations that are chartered to do
business in Texas or have a Certificate of Authority to do business in
the state. The tax is based on taxable capital or earned surplus. Both
components are apportioned in Texas using a single gross receipts
factor. Taxable capital is a corporation's stated capital (capital
stock) plus surplus. The tax rate on taxable capital is 0.25 percent
per year of privilege period. Earned surplus includes federal net
taxable income with certain modifications. The tax rate on earned
surplus is 4.5%. Corporations pay the higher of taxable capital or the
tax on earned surplus. Those that owe less than $100 or have less than
$150,000 of gross receipts do not pay any tax, but must file a report.