Texas Hijacking & Robbery

Hello fellow art fair folks,
The State of TEXAS is telling my husband and I we owe them over a $1,000 for attending a $0 sales event in San Antonio. Have any of you ever been required to file a "FRANCHISE entity tax form?
We did a show in San Antonio a couple of years ago and I applied for what I thought was a one-time sales and tax permit. They said they determined we needed a "franchise." I couldn't see why, but they said we could get a $500 a day penalty if we sold in the state. So I filled in the form and sent it in. We did the show, $0 sales -- which I reported. Then I kept getting calls about not filing out the quarterly franchise forms. I FINALLY got to talk to someone who said he closed out the franchise. Yesterday my husband got a phone call saying we owed the state something over $1,000. (He freaked and didn't get the exact amount)
Anyone else have any experiences like this? We spent money in Texas, didn't sell anything and they want this kind of cash? Its a holdup! We need help!
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  • We've dealt with this insanity too! The fact that we don't make $300,000 (I wish!) seems to satisfy the whole thing.
  • Being a Texas resident I hate to hear about things like this because it just casts a bad light on the entire state. But, Texas does like to collect it's taxes!

    I don't have an answer for you but I do have a very good tax lady in the Fort Worth area that I'm sure would give you the correct info on this. I doubt she would even charge you simply for a phone conversation for some "straight" info. If you'd like, call Michele Beck, CPA PC at 817-683-7080 and just tell her I suggested you call. She's been doing my taxes for years and I haven't gone to jail yet! I'll send her a short email and tell her you might be calling. Good luck.

    Don
  • here is more.....a link from the previous page.......based on this it looks like if you made less than $300,000 you do not owe a franchise tax.

    16. What are the criteria for filing no tax due reports?
    A taxable entity, including a combined group, qualifies to file a No Tax Due Report if it meets one of the criteria below:

    * has zero Texas receipts,
    * qualifies as a passive entity under TTC 171.0003,
    * is a real estate investment trust (REIT) that meets the qualifications specified in TTC 171.0002(c)(4), or
    * has total revenue, annualized per 12 month period on which the tax is based, below the no-tax-due threshold amount defined below.


    The no-tax-due threshold is:

    * $300,000 or less for franchise tax reports originally due on or after January 1, 2008 and before January 1, 2010.
    * $1,000,000 or less for franchise tax reports originally due on or after January 1, 2010 and before January 1, 2012.
    * $600,000 or less for franchise tax reports originally due on or after January 1, 2012.
  • Thanks, Willie
  • http://www.window.state.tx.us/taxinfo/franchise/faq_tax_ent.html#ta...

    you should read this page
  • I didn't know anything about a yearly franchise report. After the guy said he closed our account I didn't get anything after that. Hope there are some reasonable people there. We're in shock.
  • It used to be only if you were incorporated you had to do the Franchise thing but a few years ago the tax people in TX told me that anyone doing business in TX would be considered a Franchise since you have at least 2 locations...your home base and at least one day in TX. Its a pain, its not like we're a McDonalds but I fill out the Franchise report every year on line to prove I'm small potatoes and don't owe more than I pay quarterly after a TX show. Ask for a Tax rep. to walk you thru their records, expalin your records. I know my first go around with them I had to keep asking them to slow down and explain again since I do shows in at least 15 states and they all ask for tax reports differently. Hopefully you can get this worked out soon. I started to think that Texas was worse than going thru an Audit and almost considered not doing any more Texas shows because of that stupid yearly Franchise report but Texas shows are usually pretty good for me so I put up with it and try to dot the i's and cross the t's.
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