Practice Brief: Texas SaaS Launch Compliance
Bottom line (1 sentence): Client must register for Texas sales tax permit, form a legal entity with the Secretary of State, and configure billing to collect 8.25% sales tax before accepting the first customer payment.
🔴 Action Required
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Register client for Texas sales tax permit via WebFile before first sale (no fee, immediate online processing). — Texas Tax Code § 151.023
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File Certificate of Formation with Texas Secretary of State (Form 205 for LLC or Form 201 for corporation; $300 fee; 3-5 business days processing). — Texas Business Organizations Code § 5.201
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Obtain federal EIN via IRS.gov (free, immediate online, required for business bank account). — IRS.gov
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Configure billing system to collect 8.25% combined state/local sales tax on all Texas subscription charges (SaaS qualifies as taxable data processing service). — Texas Tax Code § 151.0101; Texas Administrative Code § 3.330(a)(1)
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Calendar May 15 annual franchise tax Public Information Report deadline (required even if no tax due under $2.47 million revenue threshold). — Texas Tax Code § 171.002(d); SB 3, 88th Legislature, 2023
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Obtain valid Texas exemption certificates (Form 01-339 for resale, Form 01-907 for exempt entities) before accepting any exemption claims and retain for four years. — 34 TX Admin. Code § 3.287
🟡 Monitor
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Sales tax return filing frequency will be assigned by Comptroller based on projected revenue (monthly, quarterly, or annually); returns due by 20th of month following reporting period. — Texas Tax Code § 151.401
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If annualized revenue exceeds $2.47 million, franchise tax of 0.375% of taxable margin applies; compensation deduction often maximizes SaaS margin reduction. — Texas Tax Code § 171.101, § 171.1012, § 171.1013
🟢 FYI (Specialty Practices)
- For multi-state SaaS practitioners: analyze economic nexus in customer states (typically $100,000 revenue or 200 transactions); this memo addresses Texas only. — Research Memo