Franchise Tax

From LoveToKnow Business

A franchise tax is a yearly tax levied by state governments against private businesses and/or other organizations like banks. Specific rules regarding tax amounts, due dates and reporting/collecting agencies vary by state.

Tall building

How Franchise Taxes are Determined

State law, sometimes called statutes or codes, determines the particulars about franchise taxes. States individually dictate the process a business must use for paying and reporting taxes. Some states, like Texas, require that companies file annual reports by a certain date. A company's size, organizational structure, profits and/or other circumstances may affect the amount of tax it owes.

Know the Law Prior to Filing

Tax laws change frequently, so be certain to file your franchise tax forms correctly. Obtain forms from the state agency that is responsible for collecting taxes. Note that directions on these forms may be difficult to understand and/or you may need a broader look at the law to ensure that you take all available deductions and get the biggest tax benefit possible.

While it is usually correct, many states do not consider law posted for the public on the internet official, even if a state agency posted it. That is unless the law is published by a recognized site source like Lexis or WestLaw, but only a few states use Lexis as its means for publishing laws via the internet. Otherwise, it and WestLaw are billed at an expensive rate. If you need to perform research of current tax law, the library at your local law school should have a wealth of useful information. Ignorance of the law is not an excuse for filing papers incorrectly or paying franchise taxes late. When in doubt, get professional help.

State Information on Business Taxes

The table below contains links for states and agencies responsible for collecting franchise taxes and all other state taxes. Additionally, it presents links to state law regarding taxes. Some links will not connect directly to the Code/Chapter/Section listed, because select sites direct users to a table of contents listing the state's Code. If that's the case, you may have to find the law listed on that page. In some instances, official state Codes are not available online. Links for the law in these states will lead you to the section of the tax reporting agency’s website that discusses legal subjects.

State Agencies/Laws That Regulate Franchise Taxes
StateTax AgencyTax Code (Title/Chapter)
AlabamaAlabama Department of RevenueTitle 40
AlaskaAlaska Department of RevenueTitle 43
ArizonaArizona Department of RevenueTitle 42
ArkansasDepartment of Finance and AdministrationTitle 26
CaliforniaCalifornia Franchise Tax BoardRevenue and Taxation Code
ColoradoColorado Department of RevenueTitle 39
ConnecticutConnecticut Department of Revenue ServicesTitle12
DelawareDelaware Dept. of Finance, Div. of RevenueTitle 30
FloridaFlorida Department of RevenueTitle XIV
GeorgiaGeorgia Department of RevenueTitle 48
HawaiiHawaii Department of TaxationTitle 14
IdahoIdaho State Tax CommissionTitle 63
IllinoisIllinois Department of Revenue Chapter 35
IndianaIndiana Department of Revenue Title 6
IowaIowa Department of Revenue Title X
KansasKansas Department of RevenueChapter 79
KentuckyKentuckyDepartment of Revenue Title XI
LouisianaLouisiana Department of RevenueTitle 47
MaineMain Revenue ServicesTitle 36
MarylandComptroller of MarylandCode of MD Tax Regulations
MassachusettsMassachusetts Department of RevenueTitle IX
MichiganMichigan Department of TreasuryChapters 205-209
MinnesotaMichigan Department of RevenueChapter 270
MississippiMississippi State Tax CommissionerTitle 27
MissouriMissouri Department of RevenueTitle X
MontanaMontana Department of RevenueTitle 15
NebraskaNebraska Department of RevenueTitle 77
NevadaNevada Department of TaxationTitle 32
New HampshireNew Hampshire Department of Revenue AdministrationTitle 5
New JerseyNew Jersey Division of TaxationTitle 54
New MexicoNew Mexico Taxation and Revenue DepartmentChapter 7
New YorkNew York Department of Taxation and FinanceTax Code
North CarolinaNorth Carolina Department of RevenueChapter 105
North DakotaNorth DakotaState Tax CommissionerTitle 57
OhioOhio Department of TaxationTitle LVII
OklahomaOklahoma Tax CommissionTitle 68
OregonOregon Department of RevenueTitle 29, Chapter 305
PennsylvaniaPennsylvania Department of RevenueTitle 72
Rhode IslandRhode Island Division of TaxationTitle 44
South CarolinaSouth Carolina Department of RevenueTitle 12
South DakotaSouth Dakota Department of Revenue & RegulationTitle 10
TennesseeTennessee Department of RevenueTitle 67
TexasTexas Comptroller of Public AccountsTax Code
UtahUtah State Tax CommissionTitle 59
VermontVermont Department of TaxesTitle 32
VirginiaVirginia Department of Taxation Title 58.1
WashingtonWashington Department of RevenueTitle 82
West VirginiaVirginia State Tax DepartmentChapter 11
WisconsinWisconsin Department of RevenueChapter 71
WyomingWyoming Department of RevenueTitle 39

Disclaimer

Please note that this article does not constitute legal advice. Seek assistance from a reputable tax preparer or attorney if you have any questions regarding franchise or other taxes.


 


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