Texas 05 158 A Form in PDF Modify Texas 05 158 A Here

Texas 05 158 A Form in PDF

The Texas 05 158 A form, also known as the Texas Franchise Tax Report, is a crucial document for entities operating in Texas, detailing their annual tax responsibilities. This comprehensive form encompasses sections on total revenue, cost of goods sold, compensation, and the calculation of the taxable margin, among others, culminating in the tax due to the state. For businesses looking to stay compliant and understand their franchise tax obligations, filling out the form accurately is paramount.

To navigate the complexities of this form and ensure you're meeting all your tax obligations, click the button below to get started on filling out your Texas 05 158 A form.

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Embarking on the journey of understanding the Texas 05 158 A form, a cornerstone of the state's franchise tax reporting landscape, reveals a nuanced path that Texas businesses must navigate annually. This pivotal document serves as the first of a two-part series essential for outlining an entity's financial footprint in relation to the franchise tax owed to the state. With sections that meticulously detail revenue streams, deductions, cost of goods sold, and compensation, the form guides entities through the process of calculating their taxable margin, a critical figure in determining their tax obligation. Furthermore, it introduces key concepts such as the apportionment factor and allowable deductions, tailoring the tax burden to match the business's scale and activity within Texas. Designed to accommodate a variety of business structures, including corporations, limited liability companies, and financial institutions, the form underscores the state's methodical approach to tax collection. Notably, it includes provisions for adjustments based on tiered partnership elections and offers clarity on exclusions from gross revenue, ensuring that businesses only pay what is duly required. The instructions interwoven with each section ensure compliance while enabling businesses to leverage legal deductions and credits, ultimately underscoring the state's commitment to a fair taxation system. As the due date looms and businesses gather their financial records, the Texas 05 158 A form stands as a testament to the structured yet flexible framework governing franchise tax reporting in the Lone Star State.

Texas 05 158 A Sample

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05-158-A

(Rev..9-16/9)

Texas Franchise Tax Report - Page 1

Tcode

13250 Annual

FILING REQUIREMENTS

 

Taxpayer number

Report year

Due date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

0

 

2

 

1

 

 

 

06/15/2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Taxpayer name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Secretary of State le number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

or Comptroller le number

Mailing address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

 

State

 

 

 

 

 

Country

 

 

 

 

 

 

 

ZIP code plus 4

Blacken circle if the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

address has changed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Blacken circle if this is a combined report

 

 

 

 

Blacken circle if Total Revenue

is adjusted for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tiered Partnership Election, see instructions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Is this entity a corporation, limited liability company, professional association, limited partnership or nancial institution?

 

Yes

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** If not twelve months, see instructions for annualized revenue

 

 

 

 

m

m

d

 

d

 

y

y

SIC code

 

 

 

NAICS code

 

 

 

 

 

 

m m

d

d

y

 

 

y

 

 

 

 

 

 

 

 

 

Accounting year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Accounting year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

begin date**

 

 

 

 

 

 

 

 

 

 

 

 

 

 

end date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REVENUE (Whole dollars only)

 

 

 

 

 

 

 

1.

Gross receipts or sales

1.

 

 

2.

Dividends

 

2.

 

 

 

3.

Interest

 

3.

 

 

 

4.

Rents (can be negative amount)

4.

 

 

5.

Royalties

 

5.

 

 

 

6.

Gains/losses (can be negative amount)

6.

 

 

7.

Other income (can be negative amount)

7.

 

 

8.

Total gross revenue (Add items 1 thru 7)

8.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.

Exclusions from gross revenue (see instructions)

9.

 

 

 

 

 

 

 

 

 

 

 

 

10.

TOTAL REVENUE

(item 8 minus item 9 if

10.

 

 

 

 

 

 

less than zero, enter 0)

 

 

 

 

 

 

 

 

 

 

 

 

COST OF GOODS SOLD (Whole dollars only)

 

 

 

 

 

 

 

11.

Cost of goods sold

 

11.

 

 

 

 

 

 

 

 

 

 

 

 

 

12.

Indirect or administrative overhead costs

12.

 

 

 

 

 

 

 

 

 

 

 

 

 

(Limited to 4%)

 

13.

 

 

 

 

 

 

13.

Other (see instructions)

 

 

 

 

 

 

 

 

 

 

 

 

14.

TOTAL COST OF GOODS SOLD (Add items 11 thru 13)14.

 

 

 

 

 

 

 

 

 

 

COMPENSATION (Whole dollars only)

 

 

 

 

 

 

 

15.

Wages and cash compensation

15.

 

 

 

 

 

 

 

 

 

 

 

 

16.

Employee benefits

 

16.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.

Other (see instructions)

17.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18.

TOTAL COMPENSATION (Add items 15 thru 17)

18.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROCEED TO NEXT PAGE

VE/DE

PM Date

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

Page 1 of 2

05--158--BB (Rev..909-16/9)- /09)

Tcode 13251 Annual

Texas Franchise Tax Report - Page 2

Taxpayer number

 

Report year

Due date

Taxpayer name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

 

0

 

 

2

 

 

1

 

 

06/15/2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARGIN (Whole dollars only)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

19.

70% revenue (item 10 x .70)

19.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20.

Revenue less COGS (item 10 - item 14)

20.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

21.

Revenue less compensation (item 10 - item 18)

21.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22.

Revenue less $1 million (item 10 - $1,000,000)

22.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

23.

MARGIN (see instructions)

23.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPORTIONMENT FACTOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

24.

Gross receipts in Texas (Whole dollars only)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25.

Gross receipts everywhere (Whole dollars only)

25.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

26.

APPORTIONMENT FACTOR (Divide item 24 by item 25, round to 4 decimal places)

 

 

 

 

 

 

26.

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TAXABLE MARGIN (Whole dollars only)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

27.

Apportioned margin (Multiply item 23 by item 26)

27.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

28.

Allowable deductions (see instructions)

28.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29.

TAXABLE MARGIN (item 27 minus item 28)

29.

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TAX DUE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X

X X

 

 

 

.

 

 

 

 

 

 

 

 

 

30.

Tax rate (see instructions for determining the appropriate tax rate)

 

 

 

 

 

 

 

 

 

30.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

31.

Tax due (Multiply item 29 by the tax rate in item 30) (Dollars and cents) 31.

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TAX ADJUSTMENTS (Dollars and cents) (Do not include prior payments)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

 

 

32.

Tax credits (item 23 from Form 05-160)

 

 

 

 

 

 

 

32.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

33.

Tax due before discount (item 31 minus item 32)

 

 

 

 

 

 

 

33.

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

34.

Discount (see instructions, applicable to report years 2008 and 2009)

34.

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL TAX DUE (Dollars and cents)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

,

 

,

 

 

,

 

 

 

,

 

 

.

 

 

35.

TOTAL TAX DUE (item 33 minus item 34)

 

 

 

 

 

 

 

35.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not include payment if item 35 is less than $1,000 or if annualized total revenue is less than the no tax due threshold (see instructions). If the entity

makes a tiered partnership election, ANY amount in item 35 is due. Complete Form 05-170 if making a payment.

Print or type name

Area code and phone number

 

 

(

)

-

 

 

 

 

 

I declare that the information in this document and any attachments is true and correct to the best of my knowledge and belief.

 

 

Mail original to:

 

 

 

Texas Comptroller of Public Accounts

 

Date

 

 

 

 

P.O. Box 149348

 

 

 

 

 

 

 

 

Austin, TX 78714-9348

 

 

 

 

 

Instructions for each report year are online at www.comptroller.texas.gov/taxes/franchise/forms/. If you have any questions, call 1-800-252-1381.

RETURN TO PAGE 1

VE/DE

PM Date

Page 2 of 2

File Characteristics

Fact Name Description
Form Number 05-158-A
Form Title Texas Franchise Tax Report
Revision Dates September 2016
Filing Requirement Annual
Due Date June 15, 2021, for the displayed year
Content Type Financial Information
Purpose To calculate and report taxes owed by entities doing business in Texas
Governing Law Texas Tax Code
User Types Corporations, LLCs, Professional Associations, Limited Partnerships, Financial Institutions
Components Gross Revenue, Cost of Goods Sold, Compensation, Margin Calculation
Significant Sections Revenue, Cost of Goods Sold, Compensation, Margin, Apportionment Factor, Taxable Margin, Tax Due
Submittal Address Mail to: Texas Comptroller of Public Accounts, P.O. Box 149348, Austin, TX 78714-9348

Detailed Guide for Writing Texas 05 158 A

Filling out the Texas 05 158 A, Texas Franchise Tax Report, represents a crucial step for entities to comply with state tax regulations. This document demands precise financial data from the reporting period, ensuring accurate tax calculations and compliance with state laws. Below are outlined steps to guide you through the completion of this document to facilitate a correct and timely submission.

  1. Begin by entering the taxpayer number, report year, and the due date as indicated on the form.
  2. Provide the taxpayer name, along with the Secretary of State file number or Comptroller file number.
  3. Fill out the mailing address, including city, state, country, and ZIP code plus 4. If the address has changed, blacken the circle indicating this.
  4. If this is a combined report or the Total Revenue is adjusted for Tiered Partnership Election, blacken the respective circle.
  5. Select "Yes" or "No" to indicate if the entity is a corporation, limited liability company, professional association, limited partnership, or financial institution.
  6. Input the Standard Industrial Classification (SIC) code and North American Industry Classification System (NAICS) code.
  7. Enter the accounting year begin and end dates. If the reporting period is not twelve months, see the instructions for annualizing revenue.
  8. Under "REVENUE," provide all requested income details, including gross receipts or sales, dividends, interest, rents, royalties, gains/losses, and other income, to then calculate the Total Revenue.
  9. For "COST OF GOODS SOLD," list the cost of goods sold, indirect or administrative overhead costs (limited to 4%), and any other costs as instructed for the accurate calculation of total cost of goods sold.
  10. In the "COMPENSATION" section, declare wages and cash compensation, employee benefits, and any additional compensations to find the Total Compensation.
  11. Proceed to the next page to calculate the Margin by applying the instructions to the Total Revenue figures.
  12. Determine the "APPORTIONMENT FACTOR" by entering gross receipts in Texas and everywhere, then calculate the factor.
  13. Calculate the "TAXABLE MARGIN" by applying the apportioned margin and allowable deductions as instructed.
  14. Under "TAX DUE," enter the tax rate, then multiply by the taxable margin to find the tax due. Factor in any tax credits or adjustments as necessary.
  15. Finally, if applicable, complete the Tax Adjustments section, enter the total tax due, and provide the preparer's name, phone number, and date.

Once filled, review the document for accuracy before mailing it to the Texas Comptroller of Public Accounts at the address provided. Timely and accurate completion of the Texas 05 158 A form ensures compliance with state tax obligations, avoiding potential penalties or interests for delayed or incorrect filing.

Common Questions

What is the Texas 05 158 A form?

The Texas 05 158 A form is the first page of the Texas Franchise Tax Report, which must be filed annually by certain entities operating within the state. This form is used to report earnings, calculate the taxable margin, and determine the franchise tax owed to the state by businesses such as corporations, limited liability companies, professional associations, limited partnerships, and financial institutions.

Who needs to file the Texas 05 158 A form?

Entities required to file this form include corporations, limited liability companies (LLCs), professional associations, limited partnerships, and financial institutions that are subject to the Texas Franchise Tax. Not all businesses in Texas are required to file, so it's important to check the specific filing requirements based on your entity type and revenue.

When is the Texas 05 158 A form due?

The form is due annually by May 15th. However, if May 15th falls on a weekend or holiday, the due date is extended to the next business day. For the reporting year 2021, the due date listed on the form is June 15, 2021.

What is the "tiered partnership election" mentioned in the form?

The tiered partnership election is an option that allows entities operating as part of a tiered partnership structure to adjust their total revenue for franchise tax purposes. This adjustment can affect the calculation of the entity's taxable margin and, consequently, the franchise tax owed. Entities choosing this election must follow specific instructions provided by the Texas Comptroller of Public Accounts.

How do I report revenue on the Texas 05 158 A form?

Revenue on the Texas 05 158 A form is reported by detailing various income sources, including gross receipts or sales, dividends, interest, rents, royalties, gains/losses, and other income. These figures are then added together, and any applicable exclusions are subtracted to arrive at the total revenue figure.

What are "Cost of Goods Sold" and how are they reported?

"Cost of Goods Sold" (COGS) refers to the direct costs attributed to the production of the goods sold by a company. On the Texas 05 158 A form, COGS are reported by adding the costs of goods sold, a limited percentage of indirect or administrative overhead costs, and any other applicable costs as directed by the instructions. This total is then used in the calculation of the taxable margin.

What is the "apportionment factor" and how is it calculated?

The apportionment factor is a ratio used to determine what portion of an entity's total revenue is subject to Texas franchise tax, based on the proportion of business conducted within the state. It's calculated by dividing the entity's gross receipts from business done in Texas by its gross receipts from all business activities, anywhere. The result is then rounded to four decimal places.

How do I calculate the taxable margin?

The taxable margin can be calculated in four ways, allowing an entity to choose the most favorable method. These include 70% of total revenue, total revenue minus cost of goods sold, total response less compensation, or total revenue less $1 million. Entities calculate their margin using one of these methods, then apply the apportionment factor to determine the taxable margin.

How is the franchise tax rate determined?

The franchise tax rate varies depending on the type of entity and its business activities. Rates are detailed in the Texas Franchise Tax instructions provided by the Comptroller's office. Generally, entities can expect to use a rate to calculate their tax due by applying it to their taxable margin. The specific rate to be applied is indicated in the instructions relevant to the report year.

Common mistakes

Filling out the Texas 05 158 A form, known as the Texas Franchise Tax Report, is a critical process that businesses must navigate carefully. Here are ten of the most common mistakes people make when completing this form:

  1. Not verifying the taxpayer number: People often input incorrect taxpayer numbers or fail to double-check them, leading to processing delays.
  2. Failing to update the mailing address: If the business address has changed, it's vital to blacken the circle indicating this change. Overlooking this simple step can result in missed communications.
  3. Incorrect report year: It's easy to mistakenly report for the wrong year. This mistake can complicate financial records and compliance status.
  4. Omitting or inaccurately reporting revenue figures: Revenue must be reported in whole dollars only. Approximations or incorrect calculations can affect tax obligations.
  5. Skipping the exclusion section: Not accounting for allowable exclusions from gross revenue can lead to an overestimation of total revenue, impacting the tax computation.
  6. Miscalculating the cost of goods sold: This section is critical for businesses that sell physical products. Overlooking or misinterpreting the guidelines for cost of goods sold can significantly affect the reported margin.
  7. Incorrect SIC or NAICS codes: These codes classify the business’s primary activity. The wrong code can lead to incorrect tax assessments or benefits misallocation.
  8. Ignores the tiered partnership election: If applicable, failing to adjust for the Tiered Partnership Election can lead to inaccuracies in the total revenue calculation.
  9. Not considering allowable deductions: Businesses often miss deducting eligible expenses, which can artificially inflate the taxable margin.
  10. Forgetting to sign and date: An unsigned or undated form is considered incomplete and can delay processing or lead to penalties.

It's also worth noting that businesses should:

  • Provide accurate contact information for any follow-up questions.
  • Ensure all applicable sections are completed to avoid being flagged for inaccuracies or omissions.
  • Review the entire form for completeness and accuracy before submitting it.

Filling out this form with attention to detail can prevent unnecessary setbacks and ensure compliance with Texas franchise tax obligations.

Documents used along the form

In the realm of Texas business taxation, completing the Texas 05 158 A form, also known as the Texas Franchise Tax Report, is just the beginning. This form is integral for businesses operating in Texas to report their earned revenue and calculate their tax obligations accurately. However, to complete this form thoroughly, and adhere to all state tax regulations, several other documents and forms often come into play. Understanding these supplementary documents can simplify the process and ensure compliance.

  • Form 05-163 (Texas Franchise Tax No Tax Due Information Report): This form is for entities whose revenue falls below the threshold requiring payment of the franchise tax, allowing them to report their no tax due status.
  • Form 05-102 (Public Information Report): Accompanies the franchise tax report for most entities, providing essential information about the management and ownership of the entity.
  • Form 05-158-B: The second page of the franchise tax report, where deductions are calculated to determine the taxable margin.
  • Form 05-164 (Extension Request): Allows businesses more time to file their franchise tax report, should they need it.
  • Form 05-175 (Annualized Revenue Report): Used by entities with a non-traditional fiscal reporting year or those that qualify to report their revenue on an annualized basis.
  • Form 05-169 (Tiered Partnership Report): Required for entities making a tiered partnership election, impacting how their total revenue is calculated for franchise tax purposes.
  • Form 05-160 (Credit Schedule): Documents any franchise tax credits the entity is claiming, which are then applied to reduce the tax due.
  • Form 05-177 (Final Report): For entities that are ending their business operations in Texas, this form reports their final tax obligations.

For entities navigating the complexities of Texas' franchise tax, these forms serve as critical tools to ensure accurate reporting and compliance. Together with the primary Texas Franchise Tax Report (05 158 A), they encapsulate a comprehensive approach to fulfilling state tax obligations. Familiarity with each document, its requirements, and its role in the overall reporting process can significantly ease the administrative burden on businesses and foster a more straightforward path to compliance.

Similar forms

The Texas 05 158 A form, which is the Texas Franchise Tax Report, is quite similar to the IRS Form 1120, U.S. Corporation Income Tax Return. Both forms are designed for entities to report their earnings, deductions, and the income tax they are liable for over the fiscal year. They require detailed financial information, including gross receipts, dividends, interest, and expenses such as cost of goods sold and wages paid. The primary aim of both forms is to calculate the tax obligation based on the entity’s revenue, albeit for different tax authorities.

California's Form 100, the Corporation Franchise or Income Tax Return, shares similarities with the Texas 05 158 A form as well. Like the Texas form, California's Form 100 requires corporations to report their income, deductions, and compute the tax due to the state. Both forms are mandatory for corporations operating within their respective states and involve calculating a tax obligation based on the business's annual earnings. Additionally, both forms allow for the adjustment of total revenue based on specific criteria and elections made by the taxpayer.

Another document resembling the Texas 05 158 A form is the New York CT-3, General Business Corporation Franchise Tax Return. This form also calls for comprehensive financial data from corporations to determine their state tax liability. Key similarities include the reporting of gross income, deductions, and the calculation of tax based on the business's income. Both forms are central to their state's approach to taxing business entities and require detailed enumeration of income and expenses.

The Florida Form F-1120, Florida Corporate Income/Franchise Tax Return, also parallels the Texas 05 158 A form in its function and purpose. Companies in Florida use this form to declare their income, deductions, and compute their tax liability, similar to the process on the Texas form. Moreover, both documents are pivotal for their states' taxation of businesses, requiring the reporting of gross receipts, cost of goods sold, and other income with the ultimate goal of establishing the tax due.

The Texas 05 158 A form bears resemblance to the Illinois Form IL-1120, Corporation Income and Replacement Tax Return. Both documents are essential for calculating the corporation's tax obligation to their respective states, necessitating detailed financial disclosures, including total revenue and allowable deductions. They play a crucial role in the state's method of deriving taxable income from businesses, highlighting the similarities in the structure and objectives of these tax reporting requirements across different states.

Finally, the Texas Franchise Tax Report is quite akin to the Michigan Corporate Income Tax (CIT) Annual Return, Form 4891. Each serves a similar purpose: to assess the tax liability of businesses based on their annual earnings and operations within the state. Both forms require detailed reporting of the company’s financial activities, including income, deductions, and calculation of the tax owed, underscoring a common goal of equitably taxing businesses' commercial activities within individual states.

Dos and Don'ts

Filling out the Texas 05 158 A form correctly is crucial for accurately reporting your company's franchise tax obligations. To ensure the process goes smoothly, here are key dos and don'ts to keep in mind:

  • Do ensure all information is accurate and up-to-date. Double-check figures for gross receipts, dividends, interest, and other financial data to prevent errors.
  • Do report in whole dollars only, rounding to the nearest dollar as required by the form instructions, to maintain consistency and simplicity in your reporting.
  • Do use the correct tax rate when calculating your tax due. Refer to the form's instructions or the comptroller's website for guidance on determining the appropriate rate for your business.
  • Do sign and date the form upon completion. An unsigned form can be considered incomplete and may lead to processing delays or penalties.
  • Don't leave any required fields blank. If a section does not apply, ensure to mark it appropriately as instructed, typically by entering '0' or 'N/A'.
  • Don't forget to attach any required documentation, such as details on cost of goods sold or compensation, to support your reported figures.
  • Don't neglect to update your mailing address and other contact information if there have been changes, ensuring all correspondence from the comptroller reaches you.
  • Don't disregard the due date noted on the form. Late submissions can result in penalties, interest charges, and other complications with the Texas Comptroller's office.

By following these guidelines, you can help ensure that your tax reporting is accurate, timely, and compliant with Texas regulations.

Misconceptions

Understanding the nuances of tax forms is crucial for accurate reporting and compliance. In the context of the Texas 05 158 A form, commonly used for franchise tax reports, several misconceptions often arise. Recognizing and addressing these misunderstandings can streamline the reporting process for businesses operating within Texas.

  • It's only for large corporations: Despite a common belief, the Texas 05 158 A form is not exclusively for large entities. Various types of organizations, including limited liability companies, professional associations, limited partnerships, and financial institutions, are required to file this form. It applies to most entities doing business in Texas, regardless of size.

  • Only Texas revenue is reported: Another misconception is that businesses only need to report income generated in Texas. In reality, the form requires reporting of both gross receipts in Texas and everywhere else. This total revenue impacts the calculation of the taxable margin and apportionment factor.

  • Negative amounts are not allowed: Mistakenly, some believe that reporting negative amounts on the Texas 05 158 A form is not permissible. However, negative amounts can be reported in sections such as rents, gains/losses, and other income, reflecting the accurate financial position of the business.

  • Cost of Goods Sold (COGS) is irrelevant: Contrary to some views, the COGS is a critical component for businesses that sell tangible personal property. Properly documenting and calculating COGS can significantly affect the taxable margin and, consequently, the amount of franchise tax owed.

  • Compensation deduction is automatic: A common oversight is the assumption that compensation amounts will be automatically deducted in the calculation of the taxable margin. Businesses must accurately report compensation, including wages, benefits, and other compensations, to determine their taxable margin effectively.

  • The tiered partnership election doesn't affect small businesses: Some small businesses believe that the tiered partnership election provisions do not apply to them. In reality, this election can impact any business structured as a partnership, influencing their franchise tax obligations depending on their revenue and organizational structure.

  • Annualized revenue adjustments are rare: It's often thought that adjustments to annualized revenue are unusual and unnecessary for most businesses. However, entities with a reporting period that is not twelve months must adjust their revenue accordingly, a scenario more common than anticipated.

  • All entities calculate margin in the same way: There is a misconception that all entities must calculate their margin by the same method. However, the Texas 05 158 A form offers different methods to determine the margin, including 70% of total revenue, revenue less COGS, and revenue less compensation. Choosing the correct method is vital for accurate tax liability calculation.

  • If your tax due is zero, you don't need to file: Some believe that if their calculated tax due is below a certain threshold or amounts to zero, they are not required to file the form. This is incorrect; filing is mandatory even if the business owes no tax or falls below the no-tax-due threshold, ensuring compliance with state regulations.

  • The form is the same every year: Finally, there's a false belief that once you've completed the form for one year, you can use the same format for subsequent years. The Texas Comptroller's office may update the form and instructions, so it's crucial to use the most current version each year to ensure compliance with the latest requirements and tax laws.

Dispelling these misconceptions helps clarify the reporting requirements and obligations under the Texas Franchise Tax, aiding businesses in maintaining compliance and avoiding potential errors in their tax filings.

Key takeaways

Filling out and using the Texas 05-158-A form correctly is crucial for any business entity required to report franchise tax to the Texas Comptroller. Here are four key takeaways to ensure accuracy and compliance:

  • Understand the due date: The report year and due date are clearly specified at the beginning of the form. For example, for the year 2021, the due date is June 15, 2021. Meeting this deadline is essential to avoid penalties.
  • Choose the correct option for revenue adjustment: Businesses must indicate whether their total revenue figure has been adjusted for a Tiered Partnership Election. If the entity makes a tiered partnership election, any amount in item 35 is due, making it crucial to understand and apply these adjustments correctly.
  • Accurately report all revenue and costs: The form requires detailed reporting of gross receipts, sales, dividends, interest, rents, royalties, gains or losses, and other income. Additionally, costs such as cost of goods sold and compensation must be meticulously calculated and reported. This includes the direct costs of goods sold and indirect or administrative overhead costs limited to 4%.
  • Calculate the margin and tax due carefully: The form guides the entity through calculating its margin by providing different methods, including 70% of total revenue, total revenue less cost of goods sold (COGS), revenue less compensation, and revenue less $1 million. It's critical to select the most advantageous and applicable method for your business. After determining the margin, accurately calculate the taxable margin and the tax due, considering any applicable tax rate for your business and taxable margin.

Each section of the form includes detailed instructions and requires precise information. Businesses are advised to review these instructions closely or consult with a professional if necessary. Completing the form accurately and on time aids in maintaining good standing and compliance with Texas state requirements..

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