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Helpful Guide

Texas Has No State Income Tax — Here’s What That Actually Costs You

Texas advertises itself as a no-income-tax state, and that part is true. The Texas Constitution actually prohibits a personal income tax without a two-thirds legislative vote followed by a statewide voter referendum. That has never happened, and politically it isn’t likely to. So if you’re a W-2 employee earning $300,000, the line on your paystub for state withholding stays at zero. That’s the headline that drives a lot of relocation decisions from California, New York, and Illinois every year. But the headline isn’t the whole picture. Texas funds itself through property tax, sales tax, and a franchise tax on businesses, and when you add those up against what you’d pay in California or New York, the savings are real but smaller than the marketing suggests. For some income profiles the gap is huge. For others it’s a few thousand dollars a year. We work with high earners who relocate to Austin, Dallas, and Houston, and the conversations usually start with a wrong number on the savings side. Here’s what the actual math looks like.

What the Texas Constitution actually says about income tax

Article 8, Section 24 of the Texas Constitution is the operative provision. It was added by voters in 1993 and amended again in 2019 to make the prohibition stronger. The current language requires a two-thirds vote of both chambers of the Texas Legislature, followed by approval by a majority of voters in a statewide referendum, before any personal income tax can be imposed. That’s a much higher bar than most state-level tax changes face. The 2019 amendment, known as Proposition 4, passed with 74% support. The political reality is that no Texas legislator wants to be the one who proposed an income tax, and the voter approval requirement means even if the legislature did pass one, it would need majority public support. Texas has never imposed a personal income tax in its history.

What this means in practical terms is that wages, salary, self-employment income, capital gains, dividends, interest, rental income, and retirement distributions are all not taxed by the State of Texas. That’s a meaningful difference from California, where the top marginal rate hits 13.3% plus an additional 1% mental health services tax on income over $1 million, or New York, where the top state rate is 10.9% and New York City adds another 3.876% for residents. For a household making $1 million in California, the state and local income tax alone is over $130,000 per year. The same household in Texas pays zero on that line.

But that’s only one line on a tax bill. Texas has to fund schools, roads, police, courts, and Medicaid like any other state, and the revenue comes from somewhere. The Comptroller of Public Accounts publishes the breakdown every year. About 26% of state revenue comes from sales tax. Roughly 21% comes from federal funds. Motor vehicle sales and rental taxes account for around 9%. The franchise tax brings in about 8%. Oil and gas severance taxes contribute another 8%. The rest comes from cigarette taxes, alcohol taxes, lottery proceeds, and various fees. None of that touches the wage-earner directly through withholding, but most of it touches them eventually through the goods they buy, the property they own, or the businesses they operate.

Property tax is where the bill shows up

Texas has some of the highest effective property tax rates in the country. The statewide average is around 1.6% to 1.8% of assessed value, depending on the county and the school district. Travis County (Austin) runs about 1.8%. Harris County (Houston) is closer to 2.1% in some districts. Collin County (north of Dallas) is around 2.0%. By comparison, California’s effective property tax rate is roughly 0.7%, capped by Proposition 13 at 1% of acquisition value plus local bonds, with annual assessment increases limited to 2%. New York State averages about 1.4% but New York City is much lower at around 0.9% because of the way the city’s property tax system caps assessment increases on residential property. Florida sits around 0.9%. So Texas property tax is roughly 2-3x the rate of California or Florida on a percentage basis.

Here’s what that looks like in dollars. A $1.5 million house in Austin generates about $27,000 a year in property tax. The same house in San Francisco, assuming it was bought recently, would be around $10,500. In Manhattan, a $1.5 million condo would generate roughly $13,500 in property tax. The gap is significant. For someone moving from California with a $2 million home, the property tax line in Texas can easily be $35,000 a year, compared to maybe $14,000 in California. That’s a $21,000 swing in the wrong direction, which has to be netted against the income tax savings.

The other thing to understand about Texas property tax is that the assessment system is annual and there’s no cap on year-over-year increases comparable to Proposition 13. The state did pass a homestead exemption increase in 2023 that raised the exemption to $100,000 of assessed value for school district taxes, and there’s a 10% annual cap on homestead appraisal increases. But for non-homestead property, including second homes, rental properties, and commercial real estate, the assessed value can rise as fast as the market moves. In a hot market like Austin from 2020 to 2022, that meant property tax bills doubling in a few years for some homeowners. The 2023 reforms helped, but Texas property tax remains volatile compared to California’s predictable, capped system.

Sales tax and the broad base problem

Texas state sales tax is 6.25%, but local jurisdictions can add up to 2% more, so most cities and counties run at the 8.25% maximum. Austin, Dallas, Houston, and San Antonio all charge 8.25%. By comparison, California’s statewide rate is 7.25% with local additions pushing it to 10.25% in some cities. New York is 4% state plus up to 4.875% local, so New York City sales tax is 8.875%. Florida is 6% state with up to 1.5% local. On the rate alone, Texas is in the middle of the pack. The difference is in what’s taxed.

Texas applies sales tax to a broader base than most states. Groceries are exempt, but most prepared food, restaurant meals, and convenience-store items are taxed. Clothing is taxed (California exempts most clothing from state tax during tax holidays, but Texas only exempts during one weekend a year). Most services are not taxed, which is consistent with most states, but Texas does tax some services that other states don’t, including data processing, information services, security services, and certain telecom services. The result is that a household spending $80,000 a year on taxable goods and services in Texas pays roughly $6,600 in sales tax, compared to maybe $5,500 in California with similar spending (because California exempts more categories).

The sales tax burden falls hardest on middle-income households and lightest on high-income households, because high earners save more of their income and consume a smaller fraction of it. For someone earning $200,000 and spending $120,000, sales tax might be around $9,900 a year in Texas. For someone earning $2 million and spending maybe $400,000 on taxable items (with the rest going to savings, investments, real estate, and non-taxable services), sales tax might be $33,000. That’s a lot in absolute terms but a small fraction of income. This is why Texas’s tax system is often described as regressive: it relies more heavily on consumption than on income, which means the percentage burden is higher at lower income levels.

The franchise tax on entities above $2.65 million

Texas has a franchise tax, sometimes called the margin tax, that applies to most business entities operating in Texas. The threshold for owing tax in 2026 is total revenue above $2.65 million. Below that, you file a no-tax-due report but owe nothing. Above the threshold, the tax is based on the lesser of: 70% of total revenue, total revenue minus cost of goods sold, total revenue minus compensation, or total revenue minus $1 million. The rate is 0.375% for retail and wholesale businesses and 0.75% for everyone else. For a service business with $5 million in revenue and $1.5 million in compensation, the taxable margin would be $3.5 million and the tax would be roughly $26,250.

The franchise tax isn’t a backdoor income tax on individuals, but it does function as a quasi-income tax on business owners. If you own an S-corporation or an LLC operating in Texas with revenue above the threshold, you’ll file a franchise tax return and likely owe something. For a high-revenue, low-margin business, the tax can be a meaningful drag. For a high-margin business it’s relatively modest. The structure of the tax also creates planning opportunities: choosing between the compensation deduction and the cost of goods sold deduction can change the tax owed by tens of thousands of dollars in a given year. We work with business owners on this election every year, and the choice isn’t always obvious.

One nuance worth noting: passive entities (like a single-member LLC holding rental property where the only income is rent) often qualify for a passive entity exemption from the franchise tax. So real estate investors who hold property through LLCs may not owe franchise tax even if their gross rental income is above the threshold. But the qualification rules are specific, and getting it wrong means owing tax plus penalties. The Comptroller publishes detailed guidance, but the rules change often enough that we recommend checking with a CPA before filing the report.

The real total tax burden: TX vs CA, NY, FL

Let’s run the math on three income levels. A $200,000 household in Texas with a $600,000 home and $80,000 of taxable consumption pays roughly: zero state income tax, about $9,600 in property tax, and about $6,600 in sales tax. Total state and local tax burden: $16,200, or 8.1% of income. The same household in California pays roughly $11,000 in state income tax (after federal deduction adjustments), about $4,200 in property tax (with a recently-purchased home), and about $7,500 in sales tax. Total: $22,700, or 11.4% of income. In New York City, the bill is about $14,500 in state and city income tax, $3,500 in property tax, and $7,000 in sales tax. Total: $25,000, or 12.5%. In Florida, the bill is similar to Texas: zero income tax, about $5,400 in property tax, $6,400 in sales tax. Total: $11,800, or 5.9%. Florida actually beats Texas at this income level because Florida’s property tax rate is lower.

At $500,000, the gap widens. Texas: zero income tax, $18,000 property tax (on a $1 million home), $11,000 sales tax. Total $29,000, or 5.8% of income. California: about $42,000 state income tax, $7,000 property tax, $13,000 sales tax. Total $62,000, or 12.4%. New York City: about $54,000 state and city income tax, $5,000 property tax, $12,000 sales tax. Total $71,000, or 14.2%. Florida: zero income tax, $9,000 property tax, $10,500 sales tax. Total $19,500, or 3.9%. At this level, Texas saves $33,000-$42,000 a year versus CA or NY, but Florida still beats Texas by about $9,500.

At $2 million, the math changes again. Texas: zero income tax, $36,000 property tax (on a $2 million home), $33,000 sales tax. Total $69,000, or 3.5% of income. California: about $235,000 state income tax (including the 1% mental health tax on income over $1M), $14,000 property tax, $45,000 sales tax. Total $294,000, or 14.7%. New York City: about $275,000 combined state and city income tax, $18,000 property tax, $40,000 sales tax. Total $333,000, or 16.7%. Florida: zero income tax, $18,000 property tax, $42,000 sales tax. Total $60,000, or 3.0%. At $2M, Texas saves $225,000 versus California and $264,000 versus New York City. That’s the income range where the move pays for itself in the first year, including transaction costs. Florida still has a slight edge over Texas, but the gap narrows in absolute dollars.

What this actually means for relocation decisions

If you’re earning $200,000-$300,000, moving from California or New York to Texas saves real money, but it’s not life-changing. Maybe $7,000-$15,000 a year, depending on housing choices. The non-tax factors (cost of living, lifestyle, family, career opportunities) usually outweigh the tax savings at this income level. We see a lot of mid-career professionals who could move but don’t, because the math doesn’t justify uprooting the family. If you’re at $500,000-$1,000,000, the savings are meaningful. $40,000-$100,000 a year, depending on the comparison state and housing choices. At this level the move starts to make financial sense if you have flexibility on where to live.

Above $1.5-2 million in income, the math becomes hard to argue with from a tax perspective. You’re saving $200,000+ per year in state taxes alone, which compounds significantly over a decade. Add in the lack of estate tax at the state level (Texas has none; California has none either, but New York has one with a $7M exemption that drops sharply), and the long-term wealth implications are substantial. We work with founders, executives with large RSU positions, and high-income professionals who relocate specifically to capture these savings, often timed around a liquidity event like an IPO or a business sale.

The other consideration is what you’re improving for. If you’re choosing between Austin and Houston, the property tax burden in Houston can be slightly higher because the school district rates run higher in some Harris County districts. Dallas-Fort Worth has a similar profile to Houston. Austin has the highest housing costs but the most concentrated tech sector. San Antonio has the lowest housing costs of the major Texas metros but a smaller white-collar job market. From a pure tax standpoint, the cities are similar; the difference comes down to property values, school quality, and what kind of work you do.

Where the Texas tax structure pinches

Texas isn’t the lowest-tax state in every scenario. Wyoming has no income tax and lower property tax rates. Tennessee, Florida, and Nevada all have no income tax with lower property tax than Texas. South Dakota and New Hampshire have similar structures. So if pure tax minimization is the goal, Texas isn’t the optimum. Texas wins on the combination of no income tax plus a large economy, multiple major cities, business-friendly regulatory environment, and significant tech, energy, and healthcare employment. That’s why most relocation traffic from California goes to Texas and not Wyoming.

The Texas tax structure pinches hardest on people with large primary residences and modest income. A retiree with a $2 million paid-off home in Austin and $80,000 a year in Social Security and IRA distributions might pay $36,000 in property tax and a few thousand in sales tax. That’s a $40,000 annual tax bill against $80,000 of income, or 50% of gross income. The same retiree in California with a long-held home protected by Proposition 13 might pay $4,000 in property tax and have a far lower total tax burden. The over-65 homestead exemption in Texas does help, freezing school district taxes at the level when you turn 65, but the rest of the property tax bill keeps moving with assessed value.

Business owners with revenue above the franchise tax threshold also face an extra layer. If your business has $10 million in revenue and runs lean on compensation, the franchise tax can be $50,000-$70,000 a year. That’s not the end of the world, but it’s a line item that doesn’t exist in states without entity-level taxes. The franchise tax was originally pitched as a replacement for the state’s old corporate franchise tax and as a way to avoid implementing a personal income tax. It does both of those things, but for a business owner it functions like a small income tax on the entity.

How to think about the move

The relocation analysis we run for clients starts with three numbers: current state income tax liability, projected Texas property tax (based on the house you’re actually planning to buy, not the house you have now), and the change in cost of living for everything else. The income tax savings are usually easy to estimate. The property tax bill is the variable that surprises people most often, because they shop for houses based on price and don’t think through the annual carrying cost. A $2 million Austin house has a different lifetime carrying cost than a $2 million California house, and the difference compounds.

Beyond tax, the move involves transaction costs (real estate commissions, moving expenses, sometimes early payoff penalties on California or New York mortgages), the time cost of establishing residency, and the potential audit risk from your former state. California and New York both audit former residents aggressively, and if you have remaining ties (a business, an apartment, family) they may try to claim you never actually moved. We cover that scenario in our companion piece on Texas residency rules. For now, the tax savings are real, especially at higher income levels, but the calculation involves more than just the income tax line.

If you’re considering a move and want to run the numbers for your specific situation, our Texas team works with clients on the full relocation analysis: which entity structures travel well, how to handle deferred compensation that vests after you move, whether to keep or sell the old-state property, and how to document the residency change to defend against an audit later. The savings are usually worth the planning effort, but skipping the planning can cost you the savings.

Frequently Asked Questions

If Texas has no state income tax, where does the state get its revenue?

Texas funds itself through a combination of sales tax, property tax (collected at the local level but driving school finance), federal funds, franchise tax on businesses, severance taxes on oil and gas extraction, and various excise taxes and fees. The Comptroller of Public Accounts publishes detailed revenue data every year, and the breakdown is roughly: sales and use tax 26%, federal funds 21%, motor vehicle sales and rental tax 9%, franchise tax 8%, oil production tax 6%, natural gas production tax 2%, cigarette and tobacco taxes 2%, alcohol taxes 1%, and the remainder from fees, licenses, lottery proceeds, and investment income.

The single biggest revenue source for state operations is the sales tax. At 6.25% state plus up to 2% local, Texas relies heavily on consumption to fund itself. This is why the sales tax base is broad: most goods are taxed, prepared food is taxed, and certain services like data processing and security services are taxed. Groceries and prescription drugs are exempt, which softens the regressive impact, but the overall structure still falls harder on middle-income households than on high-income households as a percentage of income.

Property tax is the other major source of public funding, but it’s collected at the local level by counties, school districts, cities, and special districts. The state doesn’t collect property tax directly. However, property tax funds the bulk of K-12 education through local school district levies, and the state’s school finance formula determines how much each district can collect and how much state aid it receives. This is why property tax reform has been a constant political issue in Texas: lowering property taxes requires either cutting school spending or increasing state funding from sales tax or other sources.

Federal funds account for over a fifth of the state budget, primarily through Medicaid matching funds, transportation grants, and education funding. This is consistent with most states, though Texas’s reliance on federal funds is slightly above the national average. Severance taxes on oil and gas production add another layer of revenue that fluctuates with energy prices. In high-price years like 2022, severance taxes can contribute $8-10 billion to the state budget. In low-price years, they can drop to $3-4 billion, which is part of why Texas maintains a substantial rainy day fund (the Economic Stabilization Fund) to smooth out budget cycles.

The franchise tax (margin tax) brings in $4-5 billion a year from businesses with revenue above the $2.65 million threshold. This is a meaningful contribution but small relative to sales tax. The franchise tax was designed in part to replace the old corporate franchise tax and to provide some balance against a tax system that otherwise leans entirely on consumption and property. For businesses operating in Texas, it functions like a low-rate entity-level tax on gross margin.

A common misconception is that Texas’s lack of income tax is offset entirely by higher property tax. The reality is more nuanced: Texas has higher property tax than the national average, similar sales tax rates to other states, no income tax, and a franchise tax on larger businesses. The total state and local tax burden in Texas is around 8.6% of personal income, which ranks 10th-lowest nationally according to the Tax Foundation’s most recent analysis. So the state does deliver on the promise of lower overall taxation, but the distribution of that burden falls more heavily on property owners and consumers than on income earners.

For high earners specifically, the structure heavily favors Texas. A household earning $1 million in California pays roughly $130,000 in state income tax alone. The same household in Texas pays zero. Even with $30,000-$50,000 more in property tax (depending on home value), the net savings are substantial. For middle-income households, the math is closer, and depending on home value the savings might be modest or even slightly negative compared to a state like Florida.

The Texas Comptroller’s office maintains detailed revenue dashboards and publishes the Biennial Revenue Estimate before each legislative session. If you want to see exactly where the money comes from in any given year, the data is public and updated quarterly.

Where The Reed Corporation comes in: we work with clients on the relocation math, the entity structuring for franchise tax efficiency, and the property tax appeal process. The franchise tax election (compensation deduction vs. cost of goods sold vs. 70% revenue cap) can change the tax owed by $20,000-$50,000 a year for mid-sized businesses, and we run that election analysis annually. For high-net-worth clients moving to Texas, we model the full state-and-local tax picture before the move so the property tax surprise doesn’t undercut the income tax savings.

Is a Texan with $200K income actually paying less total tax than a Californian?

Usually yes, but the gap is smaller than people think at this income level. Let’s run the actual numbers. A $200,000 household in Texas with a $600,000 home and typical taxable consumption pays roughly: zero state income tax, $9,600 in property tax (at 1.6% effective rate), and $6,600 in sales tax (assuming $80,000 of taxable spending at 8.25%). Total state and local tax burden: about $16,200, or 8.1% of gross income. That’s before federal tax, which would be similar in both states.

The same household in California with a $600,000 home (recently purchased, so assessed close to market value) pays: about $11,000 in state income tax (using 2026 brackets, married filing jointly, with standard deduction), $4,200 in property tax (at 0.7% effective rate, capped by Proposition 13), and about $7,500 in sales tax (similar consumption pattern, slightly higher rate). Total: about $22,700, or 11.4% of gross income. So Texas saves this household roughly $6,500 a year, or about $540 a month.

The savings are real but not major. At this income level, moving from California to Texas to capture $6,500 a year in tax savings might not make sense if other costs (housing in Austin can be comparable to inland California metros, food and services often higher in Texas urban cores) eat up the gains. The lifestyle and career factors usually dominate the decision at $200,000 income.

Some adjustments matter. If the California household has a long-held home with Proposition 13 protection, the property tax could be much lower than the $4,200 we estimated. A house bought for $300,000 in 1995 might still be assessed at $400,000 even though it’s worth $1.5 million today, which would put property tax at about $3,000. In that case, the comparison shifts more in California’s favor on property tax, but the income tax line still favors Texas by $11,000 a year.

The other variable is the cost of housing itself. Austin home prices in 2026 have moderated from the 2022 peak but are still high relative to the rest of Texas. A comparable home to a $600,000 starter home in California’s inland regions might cost $500,000-$650,000 in Austin, $400,000-$500,000 in Houston or Dallas, or $300,000-$400,000 in San Antonio. So if you’re moving from coastal California where the same starter home costs $1.2 million, the housing cost savings are substantial and add to the tax savings.

A common mistake is comparing tax burdens without accounting for the property tax mechanics. People hear ‘Texas has 1.8% property tax versus California’s 0.7%’ and assume California always wins on property tax. But California’s 0.7% is on the original purchase price plus 2% annual increases, while Texas’s 1.8% is on the current market value. For someone buying a new home today, the difference is closer than the rates suggest. Where California’s system wins decisively is on long-held property: a 30-year owner in California pays minimal property tax, while a 30-year owner in Texas pays property tax that has kept pace with market value.

Real-world example: A software engineer making $220,000 moves from Mountain View to Austin. Old California state income tax: about $14,500. Old California property tax on a $1.5M condo recently purchased: $10,500. Old California sales tax: about $7,000. Total: $32,000. New Texas: zero income tax, $20,000 property tax on a comparable $1.2M Austin house (the housing market in Austin is also expensive, so the price drop isn’t as big as people expect), $6,500 sales tax. Total: $26,500. Savings: $5,500 a year. Real, but not life-changing. The lifestyle change might dominate.

Where documentation matters: if you’re claiming Texas residency to escape California taxes, the FTB will scrutinize the move. We cover that in detail in our companion piece on Texas residency rules. For a clean break, you need to actually move (sell or rent out the California home, move family if applicable, change driver’s license and voter registration, switch primary doctors, change banking primary location, and so on).

Audit considerations: at $200,000 income, California isn’t likely to fight a residency change unless you have specific red flags (a California business, family still in California, a high-value real estate sale in the year of the move, or a large RSU vest that would have been California-source income). At higher income levels the audit risk increases substantially.

Where The Reed Corporation adds value at this income level: we help clients run the actual numbers based on their specific housing, consumption, and family situation, and we help them decide whether the move makes financial sense. Sometimes our advice is ‘don’t move, the savings don’t justify the disruption.’ Sometimes it’s ‘move, and here’s how to document it.’ We also handle the partial-year tax filing in the move year, which is more complex than people expect.

Why do high-net-worth individuals move to Texas if the property tax is so high?

Because the income tax savings dwarf the property tax cost at high income levels. A household earning $5 million in California pays roughly $660,000 in state and local income tax. The same household in Texas pays zero state income tax. Even if their Texas property tax bill is $80,000 a year on a $5 million home (versus maybe $20,000 in California with Proposition 13 protection on a similarly-valued long-held home), the net savings are $600,000 a year. That’s a number worth restructuring your life around.

The math gets even more compelling for one-time events. Consider a founder who sells a business for $50 million. If the sale closes while they’re a California resident, the state portion of the federal long-term capital gains is taxed at the full 13.3% top rate, plus the 1% mental health services tax on income over $1 million. That’s roughly $7 million in California state tax on the sale alone. If the same founder establishes Texas residency before the sale and the sale is properly structured, that $7 million stays with the founder. The audit risk is real (we’ll cover that in the companion piece), but the savings are large enough that even high audit-defense costs are worth it.

Estate tax planning is another driver. Texas has no state estate tax. California also has no state estate tax. But New York has one with a $7 million exemption that drops sharply for estates above $7 million (the so-called ‘cliff’). For a New York resident with a $15 million estate, the New York estate tax can be over $1 million. Moving to Texas eliminates that. For ultra-high-net-worth families with $100 million+ estates, the multi-state estate tax rules is part of the relocation calculation.

Trust planning also favors Texas. Texas has favorable laws for self-settled asset protection trusts and dynasty trusts. The state has no rule against perpetuities for property held in trust (Texas adopted a 300-year rule in 2021, which is functionally equivalent for most planning purposes). Combined with the lack of state income tax on trust income for non-resident grantors, Texas has become a meaningful jurisdiction for trust planning, though it’s still behind South Dakota, Delaware, and Nevada in the dynasty trust market.

Equity compensation timing is huge. Tech executives with large unvested RSU positions often plan a Texas relocation around the vesting schedule. RSUs that vest after the executive establishes Texas residency may avoid California state tax on the vest, though California will try to claw back the portion attributable to services performed while a California resident. We’ve worked with clients on RSU sourcing analyses where moving six months before a major cliff vest saves $500,000-$2 million in state tax.

A common mistake at the high-net-worth level: assuming the move is automatic the day you sign the lease in Austin. California’s Franchise Tax Board is famously aggressive about claiming continued residency for former Californians, especially in the year of a large income event. We’ve seen audit cases where the FTB argued that someone who ‘moved’ in October was still a California resident through year-end because they kept the California home, the California business, the California family, and only spent 60 days in Texas. The 183-day presumption goes both ways: spending less than 183 days in your new state doesn’t help.

Documentation matters enormously at this level. Driver’s license change, voter registration change, doctor and dentist change, primary banking relationship change, attorney and accountant change, primary residence sale or genuine rental, family relocation (or documented business reason for split), club memberships, gym memberships, vehicle registration, address used on federal tax return, address used on brokerage and retirement accounts. The FTB looks at all of these.

Real-world example: A private equity executive with $4 million in annual W-2 income plus an expected $30 million carried interest payout over five years moves from San Francisco to Austin. Pre-move California state tax on $4M/year: about $520,000. Future expected California state tax on $30M carry: about $4 million. Total California tax exposure over the next five years if he stays: $6.6 million. Texas tax exposure: zero income tax, maybe $400,000 in property tax over five years on a $3 million Austin house. Net savings: $6.2 million. That’s worth a serious move.

Audit considerations: California will likely audit. They audit former high earners aggressively, sometimes years after the move. We help clients build the contemporaneous documentation that holds up in an audit, including travel logs (because the day count matters), business records showing where work was actually performed, and the full set of domicile-change evidence.

Where The Reed Corporation adds value at this level: we coordinate the relocation timing, the entity restructuring (often moving operating entities or holding companies to Texas-friendly structures), the equity compensation sourcing analysis, the trust planning, and the audit-defense documentation. For clients with $5M+ in annual income or large pending liquidity events, the planning effort usually pays for itself many times over in the first year.

Do remote workers in Texas owe state tax to the state where their employer is based?

Usually no, but there are exceptions, and the exceptions are where people get into trouble. The general rule is that wage income is sourced to the state where the work is physically performed, not the state where the employer is headquartered. So a software engineer who lives in Austin and works remotely for a New York-based employer is generally taxable on that wage income only by Texas (and Texas has no income tax, so the bill is zero). The employer might still withhold New York tax by mistake, but that’s recoverable through a New York nonresident return claiming a full refund.

The exception is the ‘convenience of the employer’ rule, which applies in a handful of states including New York, Pennsylvania, Nebraska, Delaware, and Connecticut. New York’s version says that if a nonresident employee works from outside New York for the employee’s own convenience (rather than the employer’s necessity), the wages earned while working remotely are still sourced to New York. So an Austin-based remote worker employed by a New York firm who works from Austin for personal reasons (rather than because the employer required it) could be taxed by New York on those wages.

This rule is contentious and has been litigated. The general framework is that if the employer has a bona fide business need for the employee to work from the remote location (a customer in Austin, a project that requires Texas presence, an office in Austin), then the wages are sourced to where the work is performed. If the employee is just working from home in Austin because they prefer it, New York says it can tax those wages. The COVID-era expansion of remote work made this rule controversial, and several states pushed back, but New York has maintained its position.

The practical implication: an Austin-based remote worker with a New York employer should look at the employer’s withholding and see whether New York tax is being withheld. If yes, the employee has a few options. Option one: try to get the employer to stop withholding New York tax and instead withhold no state tax (or Texas tax, but Texas has no income tax). This requires the employer to agree that the work is for the employer’s benefit at the Texas location, not the employee’s convenience. Many employers won’t agree because they don’t want the audit exposure.

Option two: continue having New York tax withheld and file a New York nonresident return. If the work qualifies for the employer-necessity exception, claim a full refund. If not, the employee owes New York tax on the wages and gets no credit against Texas (because Texas has no income tax to credit against). In effect, the Austin resident pays New York tax for the privilege of working remotely. This is the scenario most people don’t see coming.

A common mistake is assuming the move to Texas automatically eliminates state tax on remote work. For California, Illinois, most other states, that’s true: California can’t tax a Texas resident’s wages earned while working in Texas, regardless of where the employer is based. For New York and the other convenience-of-the-employer states, it’s not automatic. We see this issue regularly with clients who move from New York City to Austin, keep the New York job remote, and then are surprised at tax time when they still owe New York tax.

Real-world example: A senior engineer at a New York financial firm moves to Austin and keeps the job remote. Salary $400,000. Employer continues withholding New York tax. The engineer files a New York nonresident return. The IRS and the state look at the work pattern: the engineer is in Austin 350 days a year, the firm has no Austin office, the engineer’s role doesn’t specifically require Austin presence. New York’s position: the wages are New York source, the engineer owes New York tax of about $32,000 for the year. Texas tax: zero. Net result: the move saved zero on state income tax for this scenario.

Alternative scenario: same engineer, but the firm hires the engineer to develop a Texas market presence and lead business development in the southwest region. Now the role specifically requires Austin presence. The engineer can claim employer-necessity, the wages are Austin-source, New York can’t tax them, and the move saves the full $32,000 a year. The factual difference between the two scenarios is significant, and it’s the kind of detail that needs to be documented contemporaneously, not constructed after an audit notice arrives.

Documentation that helps: a written employment agreement specifying the Austin work location, a business justification for the Austin role, evidence of Austin-based client interactions or business activities, travel records showing time spent in New York (if any) compared to Austin, and ideally a formal hiring or transfer document treating the role as Austin-based rather than New York-based with a remote accommodation.

Audit considerations: New York audits the convenience-of-the-employer scenarios aggressively, particularly for high earners. The state has won many of the litigated cases. The risk isn’t just the back tax: it’s also penalties, interest, and the cost of defending the audit. We’ve seen audit-defense costs of $25,000-$50,000 for cases involving $80,000-$150,000 of disputed tax.

Where The Reed Corporation adds value: we work with remote workers (especially those leaving New York for Texas) on the employment-structure analysis, the documentation, the employer conversations about withholding, and the New York nonresident filings. For high earners with convenience-rule exposure, getting the structure right at the start of the move can save tens of thousands of dollars annually.

What’s the Texas franchise tax and is it a backdoor income tax?

The Texas franchise tax, formally called the franchise tax or margin tax, is an entity-level tax that applies to most business entities doing business in Texas. It’s not technically an income tax (the Texas Constitution prohibits one), but it functions similarly in some respects. The tax is administered by the Comptroller of Public Accounts and is filed annually on Form 05-158 (long form) or Form 05-169 (EZ computation, available for smaller filers).

The threshold for actually owing tax is total revenue above $2.65 million for the 2026 report year. Below the threshold, a business files a no-tax-due report but owes no tax. Above the threshold, the tax is calculated on the ‘taxable margin,’ which is the lesser of: 70% of total revenue, total revenue minus cost of goods sold, total revenue minus compensation paid to employees and owners (capped at $400,000 per person), or total revenue minus $1 million. The taxable margin is then multiplied by the rate: 0.375% for retail and wholesale businesses, 0.75% for everyone else.

Is it a backdoor income tax? It’s a tax on businesses rather than individuals, so technically no. But for owner-operated businesses, the tax does function like a low-rate income tax on the business’s gross margin. A consulting firm with $5 million in revenue and $2 million in employee compensation has a taxable margin of $3 million (revenue minus comp). At 0.75%, the tax is $22,500. That’s a meaningful number but small compared to what the same business would pay in California (where the LLC fee runs from $800 to $11,790 depending on revenue, plus the personal income tax on pass-through income to the owners).

The four-way calculation is where planning matters. Depending on the business’s compensation structure and cost of goods sold, one of the four methods will produce a lower taxable margin than the others. For service businesses with high employee compensation, the comp deduction usually wins. For retail and distribution businesses with high cost of goods sold, the COGS deduction wins. For high-margin businesses with low compensation and low COGS, the 70% revenue cap is binding. For most small businesses just above the threshold, the $1 million subtraction is often the best choice because it produces the lowest taxable margin.

A common mistake is treating the franchise tax as an afterthought. We see businesses file the EZ form without running the four-way calculation, often paying more tax than necessary. For a $5 million revenue service firm, choosing the comp method over the COGS method might save $15,000-$25,000 a year. Over a decade, that’s a real number. The cost of running the calculation properly is small, and the savings can be substantial.

Passive entities deserve special attention. A ‘passive entity’ under Texas law is a partnership or trust whose income is at least 90% passive (rents, royalties, interest, dividends, capital gains on the sale of investment property). Passive entities are exempt from the franchise tax. So real estate investors who hold property through Texas LLCs may not owe any franchise tax even if their gross rental income exceeds the threshold. But the qualification rules are specific: an LLC that performs significant management activities (rather than passively collecting rent) may not qualify. We see disputes over this designation regularly.

Real-world example: A real estate investor owns 20 rental properties through a Texas LLC. Gross rental income: $1.8 million. Net rental income after expenses: $400,000. The LLC qualifies as a passive entity because the income is from real estate rentals and the management is performed by a third-party property management company. Franchise tax owed: zero. Compared to a similar LLC in California, which would owe the $800 minimum LLC fee plus the gross-receipts LLC fee ($6,000+) plus the personal income tax on the $400,000 of pass-through income, the Texas treatment is substantially better.

Alternative scenario: same investor, same LLC, but the investor manages the properties personally and the LLC takes a management fee from each property. Now the LLC has active management income, may not qualify as passive, and owes franchise tax on the gross receipts. The classification can swing tens of thousands of dollars depending on how the business is structured.

Documentation that helps: an annual analysis of the passive entity test, with revenue broken down by source category and documentation of who performs each management activity. For LLCs that operate close to the passive/active line, structuring the operations clearly is worth the effort.

Audit considerations: the Comptroller audits franchise tax returns selectively, often based on revenue thresholds and industry. Construction, services, and real estate are common audit targets. The audit process is administrative through the Comptroller’s office, and resolution often involves negotiating the taxable margin calculation or the passive entity classification. Penalties for underpayment can be substantial (up to 50% in some cases).

Where The Reed Corporation adds value: we handle the franchise tax election analysis annually for our business clients, structure entities to make the most of the passive entity exemption where appropriate, defend franchise tax audits, and coordinate the federal and Texas filings for owners of multiple entities. For business owners with revenue in the $3-20 million range, the franchise tax planning often saves more in tax than the cost of our services.

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