Businesses in Texas argue that the state’s business franchise tax, also known as the "margins tax," violates the Texas Constituition. Specifically, they argue that the tax unfairly and illegally treats similarly situated businesses differently. In support of these business owners, the NFIB Legal Center filed an amicus brief in the Texas Supreme Court, urging the Court to find that the "margins tax" violates the Equal and Uniform Clause in the state constitution. Additionally, we supported the plaintiff's argument that they should not be taxed as a manufacturer if they do not have manufacturing facilities in the state.
Status: Pending - Texas Supreme Court