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Federal Exemption under Internal Revenue Code (IRC) Section 501(c) (Tax Code Secs. 151.310 and 171.063) The Texas Tax Code provides an exemption from franchise tax and sales tax to: Nonprofit organizations with an exemption from Internal Revenue Service (IRS) under IRC Section 501(c) (3), (4), (8), (10) or (19);
Federal Exemption under Internal Revenue Code (IRC) Section 501(c) (Tax Code Secs. 151.310 and 171.063) The Texas Tax Code provides an exemption from franchise tax and sales tax to: Nonprofit organizations with an exemption from Internal Revenue Service (IRS) under IRC Section 501(c) (3), (4), (8), (10) or (19);
A Texas LLC that states a nonprofit purpose is not automatically exempt from state or federal taxes. For information on whether the IRS will grant a tax-exempt status to such an LLC, contact the IRS or read IRS Publication 557: Tax-Exempt Status for Your Organization.
The two types of business taxes for an LLC in Texas are sales tax and the Texas franchise tax. All businesses are subject to sales tax.
The State of Texas imposes a franchise tax on taxable entities that are doing business in the state. The annual franchise tax report is due on May 15th. You may request a 3-month extension to file that Texas annual franchise tax report by filing Texas Form 05-164.
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Therefore, each taxable entity that is organized in Texas or doing business in Texas is subject to franchise tax, even if it is treated as a disregarded entity for federal income tax purposes and is required to file a franchise tax report.
Each taxable entity formed in Texas or doing business in Texas must file and pay franchise tax.
Form 05-163 No Tax Due Report generates automatically if the following occurs: Taxpayer is a passive entity. Taxpayer is a newly established Texas Veteran Owned Business (must be pre-qualified). Taxpayer is a Real Estate Investment Trust that meets the qualifications.

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