Overview: Texas payroll taxes in 2026
Texas is one of nine US states with no state income tax, making it one of the most straightforward payroll environments for employees. Workers in Texas keep more of their paycheck — there is no state income tax line on a pay stub, no state withholding certificate to manage, and no state tax return filing requirement for individual wages.
But "no state income tax" does not mean "no payroll complexity." Texas employers still owe federal FICA taxes (Social Security and Medicare), federal FUTA, Texas SUTA to the Texas Workforce Commission (TWC), and must make a strategic decision about workers compensation insurance — which is optional in Texas but carries significant risk if skipped.
$0 — none
6.2% up to SSA wage base
1.45% on all wages
2.7% new employer, first $9,000
No Texas state income tax: what that actually means
Texas is one of nine US states with no state income tax on wages: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. The Texas prohibition on income tax is constitutionally protected — Article 8, Section 24 of the Texas Constitution prohibits a personal income tax without a statewide vote, making it highly durable as a policy.
For Texas employers, this means:
- No state withholding calculation — there is no Texas withholding certificate (no state equivalent of the W-4), and no state income tax to withhold from paychecks.
- No state income tax remittance — you make no state income tax deposits and file no state income tax withholding returns for wages.
- No state W-2 equivalent — there is no additional state wage form. The federal W-2 is sufficient for Texas employees.
- No local city income tax — unlike states such as Ohio and Pennsylvania, Texas cities do not levy local income taxes on wages.
However, Texas funds its government through sales taxes, property taxes, and franchise taxes on business entities — which can be significant for employers with Texas nexus. The Texas Franchise Tax ("margin tax") applies to businesses with annual revenue over $2.47 million (2026 threshold) and is based on total revenue minus allowable cost deductions, not income. This is an entity-level business tax, not a payroll tax, but Texas employers need to be aware of it.
Texas employees still pay FICA: Social Security & Medicare
No state income tax does not mean no payroll taxes. Federal FICA taxes apply to all Texas employees exactly as they apply in every other state. These are mandatory federal payroll taxes regardless of state of residence:
Social Security Tax (OASDI)
Employee rate: 6.2% on wages up to the SSA wage base ($176,100 in 2025; updated annually by SSA each October).
Employer match: 6.2% — a dollar-for-dollar match on the same capped wages.
Once an employee's year-to-date wages exceed the wage base in any calendar year, both employee and employer stop paying Social Security tax on additional wages. This benefit only applies to high earners — most Texas employees pay Social Security tax on all of their wages.
Medicare Tax (HI)
Employee rate: 1.45% on all wages with no cap.
Employer match: 1.45% — matched on all wages with no cap.
Higher earners face the Additional Medicare Tax of 0.9% on wages exceeding $200,000 (single filers) or $250,000 (married filing jointly). Employers are required to withhold this from individual employees who earn over $200,000 in the calendar year — but the employer does not match the additional 0.9%. This can create a situation where married employees under-withhold if their combined household income exceeds the $250,000 threshold but each spouse earns under $200,000 individually.
Social Security: 6.2% × $60,000 = $3,720
Medicare: 1.45% × $60,000 = $870
Total: $4,590/year
SS match: 6.2% × $60,000 = $3,720
Medicare match: 1.45% × $60,000 = $870
Total: $4,590/year
Texas SUTA (unemployment tax): TWC rates for 2026
Every Texas employer who pays wages to covered employees must pay State Unemployment Tax Act (SUTA) contributions to the Texas Workforce Commission (TWC). This funds unemployment benefits for former employees who become jobless through no fault of their own.
For 2026, new Texas employers pay a flat rate of 2.7% on the first $9,000 of each employee's wages — a maximum cost of $243 per employee per year during the new employer period. This is the "standard new account rate" that all new Texas employers receive.
Texas SUTA quick facts 2026
After 3 years of experience in the system, TWC assigns an experience-based rate. Employers with high claims pay more; employers with no claims can pay as little as 0.23%. Source: TWC Unemployment Tax Rates.
Texas SUTA must be paid quarterly using TWC's online system. Quarterly reports are due on the last day of the month following the end of the quarter (April 30, July 31, October 31, January 31). Late filings incur a penalty equal to 1% of the tax due (minimum $1) per month, plus interest at 1.5% per month. Texas SUTA is employer-paid only — no portion is withheld from employee wages.
Texas workers compensation: optional but strategic
Texas is the only US state where workers compensation insurance is not mandatory for most private employers. This is sometimes seen as a business advantage — and it can be. But the decision to opt out requires careful legal and financial analysis, because the consequences of a serious workplace injury without coverage can be severe.
Employers with workers comp coverage ("subscribers")
Workers comp coverage (purchased from a licensed carrier or the Texas Department of Insurance Division of Workers' Compensation) limits employer liability for workplace injuries. Injured employees receive medical benefits and income replacement through the insurance system. The employer generally cannot be sued for the injury in most circumstances.
Employers without workers comp coverage ("non-subscribers")
Non-subscribing employers must notify the TWC and post notice to employees. They lose the common law defenses in injury lawsuits (contributory negligence, assumption of risk, co-worker fault) — meaning an injured employee can sue in civil court and may win damages including lost wages, medical bills, and pain and suffering without these limitations.
Additionally, employers who contract with state agencies or government entities are generally required to carry workers comp coverage regardless of the general opt-out rule. Many general contractors also require workers comp of their subcontractors.
The cost of workers comp varies significantly by industry. Office workers might pay $0.30–$0.60 per $100 of payroll; construction workers or roofing contractors may pay $10–$30+ per $100 of payroll. Use our Workers Comp Calculator to estimate premiums by Texas job classification.
Common Texas employer payroll mistakes
The simplicity of Texas payroll — particularly the absence of state income tax — leads employers into several predictable errors. These are the most common:
New employers must register with the Texas Workforce Commission within 10 days of paying wages to their first employee. Failure to register delays assignment of your SUTA rate and can result in penalties. Registration is done through the TWC's employer portal at apps.twc.texas.gov.
Some Texas employers misclassify employees as independent contractors in an attempt to avoid FICA matches and SUTA contributions. The IRS uses a behavioral control, financial control, and type-of-relationship test to determine worker status — and Texas IRS audits regularly find misclassification. Back taxes, interest, and penalties apply to all prior tax periods in which workers were misclassified.
Texas SUTA is due quarterly. The filing and payment deadlines are April 30 (Q1), July 31 (Q2), October 31 (Q3), and January 31 (Q4). Many new Texas employers — used to simple federal deposit schedules — miss the SUTA filing entirely in their first year. Even if you owe $0 in SUTA (because you have no covered employees), a return may still be required.
Texas employers still file federal Form 941 (quarterly federal tax return), Form 940 (annual FUTA return), Form W-2s (employee wage statements), and Form W-3 (transmittal). These federal obligations are identical to employers in states with income tax. The only difference is the absence of a state withholding return.
Opting out of workers comp is legally permitted in Texas — but non-subscribers need a clear plan for handling workplace injuries. This typically means self-insurance (adequate reserves), occupational accident insurance, and a written injury benefit plan (OIBP). Many small Texas employers opt out to save premiums but have no alternative plan, leaving them exposed to full civil liability for any injury.
What Texas employees still owe on their federal return
Texas employees may pay fewer taxes overall than employees in high-tax states, but they still have substantial federal obligations. Here is what a Texas employee owes to the federal government:
| Tax | Rate | Notes |
|---|---|---|
| Federal Income Tax | 10% – 37% | Based on IRS Publication 15-T brackets and W-4 filing status |
| Social Security | 6.2% | On wages up to the SSA wage base ($176,100 in 2025) |
| Medicare | 1.45% | On all wages, no cap |
| Additional Medicare Tax | 0.9% | Only on wages over $200,000 (single) or $250,000 (MFJ) |
| TX State Income Tax | $0 | Zero — Texas has no state income tax |
When Texas employees file their federal Form 1040, they report all federal wages, the FICA taxes withheld, and any federal income tax withheld. Since there is no state income tax, Texas employees who itemize deductions cannot claim a state income tax deduction (unlike California or New York employees who may deduct state taxes paid up to the $10,000 SALT cap). This is a minor disadvantage for itemizers — though most Texas residents benefit more from the overall absence of income tax than they would from the deduction.
Self-employed Texans — including LLC owners and sole proprietors — still owe self-employment (SE) tax of 15.3% on net self-employment income (12.4% Social Security + 2.9% Medicare), as they cover both the employee and employer shares of FICA themselves. This applies regardless of Texas's lack of income tax.
Calculate your Texas payroll taxes
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Sources
- Texas Workforce Commission (TWC) — Employer Tax Information — SUTA rates, taxable wage base, quarterly filing requirements
- IRS Publication 15 (Circular E) — Federal income tax withholding tables, FICA rates
- Social Security Administration (SSA) — Social Security wage base limits
- Texas Department of Insurance — Workers' Compensation Division (TDI-DWC) — Workers comp subscriber vs non-subscriber rules