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Question

What is the difference between franchise tax and income tax?

I’m confused because my business may owe both franchise tax and income tax, and I don’t understand how they are different or why states charge both.

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Answer

Franchise tax and income tax are different types of business taxes. Income tax generally is based on taxable income as determined under applicable federal or state tax law. Franchise tax is usually a state fee or tax charged for the right to operate or remain registered in that state.

A business may owe franchise tax even if it made little or no profit. Depending on the state and business structure, some companies may owe both taxes at the same time.

How does income tax work for businesses?

Income tax is usually based on business earnings or profits. Businesses may owe federal income tax, state income tax (in some states), and taxes on profits passed through to owners.

The amount owed often depends on:

  • Revenue and expenses.
  • Business deductions.
  • Tax classification.
  • State and federal tax rules.

Businesses with little or no profit may owe less income tax or none at all.

How is franchise tax different?

Franchise tax is usually tied to the business’s right to exist or operate in a state.

States may calculate franchise tax using:

  • Flat yearly fees.
  • Revenue or gross receipts.
  • Net worth or assets.
  • Business activity levels.

Franchise tax often applies to LLCs, corporations, and foreign-qualified businesses. 

Some states charge minimum franchise taxes even if the business loses money.

What to do next…

  1. Check whether the business owes both income tax and franchise tax in its state.
  2. Review annual filing deadlines for both tax types.
  3. Keep accurate financial records for tax reporting purposes.
  4. Budget for recurring state fees and tax obligations each year.

What to consider in your specific situation

Tax obligations can vary depending on the business structure, location, and amount of business activity involved.

  • Whether the business is an LLC, corporation, partnership, or sole proprietorship.
  • The states where the business is formed or registered.
  • State rules for franchise tax, income tax, and annual fees.
  • The business’s revenue, profits, or asset levels.
  • Multi-state operations or foreign qualification registrations.
  • Tax elections, deductions, and ongoing compliance requirements.

Since every situation is different, consider getting more information through Rocket Copilot or an attorney review to move forward more confidently.

Published on 07/31/2026Written by Laura BojartReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

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Explore more about franchise taxes

Some states require businesses to pay a franchise tax for the privilege of operating or being registered there. These questions explain what franchise tax is, which states impose it, how it may be calculated, and how it differs from income tax. 

 

Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.