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Texas Payroll: Employer Tax and Software Guide

Texas payroll for employers: no state income tax, the $9,000 SUI base and 2026 rates, the six-day final pay rule, optional workers comp, and 10 providers.

Nick Anisimov

Nick Anisimov

FirstHR Founder

Payroll
17 min

Texas Payroll: The Employer Guide

No state income tax and no withholding form, one unemployment tax built from five separate components on a wage base frozen since 1997, a final paycheck deadline that changes depending on who ended the employment, the only state where workers compensation is optional, and how 10 payroll providers price the work

Texas has no state income tax, which is the fact everyone knows, and it makes the calculation side of Texas payroll genuinely easy. It also means the things that go wrong in Texas are never calculation problems.

There is no state withholding to compute, no state W-4 to collect, no withholding tables to keep current. One state tax exists, unemployment insurance, and it runs on a wage base of $9,000 that has not moved since 1997, which most full-time employees clear inside the first quarter. On the arithmetic, Texas is close to the simplest state in the country.

What Texas has instead is a set of timing and documentation rules with real consequences: a final paycheck deadline that changes depending on whether the employee quit or was fired, a workers compensation system that is optional in a way no other state permits and comes with its own annual filing, and a new hire report that goes to a different agency than your quarterly wage report. This guide covers what Texas requires in 2026 and how 10 payroll providers price the work.

TL;DR
Texas has no state income tax, prohibited by the state constitution since Proposition 4 passed in 2019, so there is no state withholding or state W-4. The only state payroll tax is unemployment insurance on the first $9,000 of wages, ranging from 0.32 to 6.32 percent for 2026, with new employers paying their NAICS industry average or 2.7 percent, whichever is higher. Final pay is due within six calendar days after a discharge but on the next payday after a resignation. Workers compensation is optional, uniquely, and non-subscribers file DWC Form-005. Minimum wage is $7.25 with local increases preempted, and new hires go to the Attorney General within 20 days.

What Texas actually taxes

The useful way to understand Texas payroll is by what is absent. Below is the full state-level picture, and the empty rows are the point.

LayerWho paysTexas positionAgency
State income tax withholdingNobodyNone; prohibited by the state constitutionNot applicable
Unemployment insuranceEmployer only$9,000 wage base, 0.32% to 6.32% for 2026Texas Workforce Commission
Workers compensationEmployer, if electedOptional; non-subscribers file DWC Form-005Division of Workers Compensation
Local or city income taxNobodyNone anywhere in the stateNot applicable
Disability or paid family leaveNobodyNo state programNot applicable

Three of the five rows are empty. There is no state withholding certificate to collect at hire, no municipal returns to file, no disability or paid leave contribution running on a separate wage base. A Texas employer registers with one state agency for tax purposes and files with it quarterly.

The absence of income tax is constitutional, not just legislative
Texas voters approved Proposition 4 in 2019 by roughly 76 to 24, adding to Article 8 of the state constitution a provision that the legislature may not impose a tax on the net incomes of individuals. That matters for planning: in states without an income tax by ordinary statute, a future legislature can introduce one, whereas in Texas it would take another constitutional amendment ratified by voters. For an employer choosing where to place staff, this is about as durable as a tax position gets.

The one state tax and its five components

Texas unemployment tax looks like a single percentage on your rate notice, but it is assembled from several distinct pieces, and understanding them explains why your rate moves in years when your claims history has not changed.

ComponentWhat it does2026 figure
General Tax RateReflects your own claims history and taxable wagesVaries by employer
Replenishment Tax RateFlat tax covering benefits not charged to any employer0.21%
Obligation AssessmentBond obligations plus interest on federal loansInterest tax rate 0.01%
Deficit Tax RateApplied when the trust fund falls below its floorSet by the Commission
Employment and Training Investment AssessmentFunds workforce training; offset by an equal RTR reduction0.10%

The Replenishment Tax Rate rose to 0.21 percent for 2026 from 0.15 percent in 2025. The Employment and Training Investment Assessment is fixed at 0.10 percent and the Replenishment Tax Rate is reduced by the same amount to offset it, so the training assessment does not increase what you pay. For 2026 there is no Bond Obligation Assessment Rate, and the Obligation Assessment Ratio and Yield Margin are both zero.

Item2026 figure
Taxable wage base$9,000 per employee, set by statute
Minimum combined tax rate0.32%
Maximum combined tax rate6.32%
New employer rateNAICS industry average or 2.7%, whichever is higher
Annual cost per employee at the minimum rateAbout $29
Annual cost per employee at the maximum rateAbout $569
Rate ranges from a few years ago are still circulating
A number of published Texas guides quote a range of 0.23 to 6.23 percent. Those were the calendar year 2023 figures. For 2026 the Texas Workforce Commission publishes a minimum of 0.32 percent and a maximum of 6.32 percent. The distinction rarely changes a purchasing decision, since the software does not need you to know your own rate, but it is a reliable signal about whether a guide has been refreshed. Check your actual assigned rate on the notice TWC sends rather than against any third-party table. Our guide to state unemployment tax covers how experience rating produces that number.

Because the wage base is $9,000 and has been since 1997, unemployment tax in Texas is effectively a front-loaded cost. An employee earning $60,000 crosses the base in about the seventh week of the year, after which no further unemployment tax accrues for them. That produces a first-quarter concentration in the employer tax line that catches out businesses budgeting evenly across the year.

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The Texas Payday Law and the six-day rule

Chapter 61 of the Texas Labor Code is where the real compliance risk lives, and its most distinctive provision is an asymmetry in final pay that has no obvious parallel in the states around it.

How employment endedFinal paycheck deadlineStatute
Discharged, fired, or laid offNo later than the sixth day after dischargeLabor Code 61.014(a)
Quit, resigned, or retiredNext regularly scheduled paydayLabor Code 61.014(b)
Mutual agreement separationGenerally treated as involuntary, so six daysTWC interpretation

The six-day clock runs on calendar days, weekends included, and it starts on the date of discharge rather than the end of the pay period. For an employer who terminates someone on a Monday and runs payroll every other Friday, that will often mean issuing an off-cycle payment. A platform that makes off-cycle runs awkward or expensive is a genuine operational problem in Texas rather than a theoretical one.

Pay frequency and designated paydays

Employee typeMinimum frequency
Exempt from FLSA overtime provisionsAt least once a month
All other employeesAt least twice a month
Where paid twice monthlyPay periods must be as nearly equal in days as possible
If the employer designates no paydaysDefault is the first and fifteenth of each month

Employers must post a notice of their designated paydays in the workplace, and each location needs its own posting. The default rule is the part most summaries omit: if you never designate paydays at all, the law supplies the first and fifteenth for you, which may not be the schedule you thought you were running.

Deductions need written authorization in advance
Beyond taxes and court-ordered amounts such as child support, Texas requires the employee's written authorization before an employer can deduct from wages, and the authorization cannot be vague or open-ended. Uniforms, equipment damage, cash register shortages, customer walkouts, and training repayment all fall on the wrong side of this line without a signed and specific agreement. Employees have 180 days from the date wages were originally due to file a wage claim with the Texas Workforce Commission, so an undocumented deduction can surface long after the employee has left. Our guide to payroll deductions covers what can and cannot be withheld.

The only state where workers compensation is optional

Every other state requires private employers to carry workers compensation once they pass some threshold. Texas does not, and this is the single most distinctive feature of employing people in the state.

FilingWhen it is due
DWC Form-005, annual noticeBetween February 1 and April 30 each year
DWC Form-005, first employeeWithin 30 days of hiring a first employee
DWC Form-005, ending coverageWithin 10 days of terminating a policy
DWC Form-005, on requestWithin 10 days of a Division request
DWC Form-007, injury reportBy the seventh day of the month following the month of injury

Employers that decline coverage are called non-subscribers. They must notify employees in writing, post a notice of no coverage in the workplace, and file DWC Form-005 with the Division of Workers Compensation on the schedule above. Employers with five or more employees report work-related injuries and illnesses on DWC Form-007.

Opting out trades a premium for the loss of your common law defenses
The reason non-subscription is a real decision rather than a free saving is that the workers compensation system is a bargain: employees give up the right to sue, and employers gain immunity plus the standard common law defenses. A Texas non-subscriber keeps the premium but loses those defenses, so an injured employee can sue directly and the employer cannot argue contributory negligence, assumption of risk, or the fellow servant rule in the usual way. Many non-subscribers buy occupational accident or alternative injury benefit coverage instead. This is a decision to make with an insurance broker and counsel rather than inside your payroll software. Our guide to workers compensation insurance covers how state requirements differ.

For payroll purposes the practical consequence is that no provider can bundle Texas workers compensation the way pay-as-you-go programs work elsewhere, because a large share of Texas employers have no policy to bundle. Where a provider does offer it, treat it as a separate insurance conversation.

Minimum wage, preemption, and new hire reporting

Minimum wage and local preemption

Category2026 rate
Standard minimum wage$7.25
Tipped cash wage, with a $5.12 maximum tip credit$2.13
Local city or county minimum wagePreempted; no local rate permitted

Texas adopts the federal minimum through Section 62.051 of the Labor Code rather than setting an independent figure, so the state rate moves only when the federal one does. Section 62.0515 preempts local wage ordinances, and House Bill 2127 in 2023 extended state preemption across a broader range of local employment regulation. The result is unusual uniformity: the same wage floor and the same rules apply in Houston, Dallas, Austin, and every small town, which removes the city-by-city tracking that complicates payroll in states like California or Colorado. Our guide to the minimum wage for tipped employees covers how the tip credit test works.

New hire reporting goes to a different agency

Texas new hire reports go to the Child Support Division of the Office of the Attorney General, not to the Texas Workforce Commission. Employers file within 20 calendar days of the date the employee starts earning wages, and the quarterly wage report to TWC does not satisfy this obligation.

ElementRequirement
Deadline20 calendar days from the date wages start
AgencyOffice of the Attorney General, Child Support Division
Who must be reportedNew hires, rehires, and independent contractors
Electronic filersMay report twice monthly, 12 to 16 days apart
Penalty for failure to report$25 per employee
Penalty for a conspired false report$500

The independent contractor requirement is broader than in many states and is the piece most often missed, because contractors sit outside the payroll system that would otherwise trigger the report. Our guide to Texas new hire reporting walks through the portal and the required data elements.

Texas has no state W-4, which changes what onboarding has to capture
In most states a new hire signs a federal W-4 and a state withholding certificate. Texas has no state equivalent, so the tax paperwork is federal only: W-4 and I-9. That makes Texas onboarding lighter on tax forms and heavier, proportionally, on everything else that has to be documented: the new hire report to a separate agency within 20 days, the workers compensation coverage notice if you are a non-subscriber, the designated payday posting, and written authorization for any deduction you intend to make later. Our guide to new hire paperwork covers the full set.

10 payroll providers for Texas employers compared

Every provider below handles Texas unemployment tax and quarterly TWC reporting. With no state withholding to get wrong, the differentiators are ordinary: price, whether off-cycle runs are easy and free given the six-day discharge rule, whether the new hire report to the Attorney General is filed for you, and what a second state costs.

ProviderBest ForStarting PricePricing ModelTWC Quarterly FilingNew Hire ReportMulti-State IncludedTrial
OnPayAll-in pricing, no tiers$49 + $6/eeBase + PEPM1 month
GustoFirst-time payroll buyers$49 + $6/eeBase + PEPMUntil 1st run
PatriotLowest cost, tight budgets$37 + $5/eeBase + PEPM30 days
SquareRetail and restaurant teams$35 + $6/eeBase + PEPMFree trial
SurePayrollVery small and household teams$29 + $7/eeBase + PEPMVaries
QuickBooksExisting QuickBooks accounting$50 + $6.50/eeBase + PEPM30 days
ADP RUNCompliance depth at scale~$79 + $4/eeQuote3 months
Paychex FlexHands-on service model$39 + $5/eeBase + PEPMVaries
PaylocityGrowing teams wanting HR depthQuoteQuoteDemo
RipplingPayroll tied to HR and IT$35 + $8/eeModular PEPMDemo
Pricing verified as of July 2026 from vendor pricing pages. PEPM = per employee per month. ADP RUN and Paylocity do not publish full list pricing; the ADP figure is a third-party estimate and the Paychex figure is the published Essentials rate, with higher tiers quoted individually. TWC Quarterly Filing indicates the platform submits the quarterly wage report and unemployment tax return to the Texas Workforce Commission. New Hire Report indicates automatic filing with the Office of the Attorney General, which is a separate submission from the TWC report and is the one most often left to the employer. Multi-State Included means additional states carry no separate per-state charge or forced tier upgrade. Confirm each with the vendor for your plan tier before signing.

OnPay

One plan at $49 per month plus $6 per employee, everything included, no tiers to climb. Multi-state is part of the base plan rather than an upgrade, and unlimited pay runs mean the off-cycle payment a six-day discharge deadline forces does not carry a surcharge. OnPay maintains a Texas-specific tax rates resource.

Pros
One flat plan with no features gated behind a higher tier
Unlimited pay runs, so off-cycle final checks cost nothing extra
Multi-state payroll included at no surcharge
First month free without a credit card
Cons
Thinner HR tooling than Gusto: fewer onboarding and offer letter features
Benefits administration routes through OnPay's own licensed broker
Not built for companies above roughly 500 employees
Interface is functional rather than polished

Gusto

The most common first payroll purchase for US small businesses, with automatic tax filing, published pricing, and the strongest onboarding experience among payroll-first platforms. Simple runs $49 per month plus $6 per employee after a base increase in early 2026, and it handles TWC registration as a third-party administrator along with quarterly filing and the new hire report.

The single-state limit on Simple is the constraint to price in. Texas borders four states and a great many Texas employers pick up remote staff elsewhere, and one such hire moves you to Plus at $80 plus $12 per employee.

Pros
Best onboarding and HR tooling among the payroll-first providers
Files TWC quarterly reports and the Attorney General new hire report
Published pricing with month-to-month billing and no long-term contract
Large integration library and strong accountant ecosystem
Cons
Simple plan is single-state only
Base price rose from $40 to $49 in early 2026
Time tracking sits behind Plus or a paid add-on
Per-employee fees compound: $349 per month at 50 employees on Simple

Patriot Software

The cheapest legitimate full-service payroll on the market. Full Service is $37 per month plus $5 per employee, with additional states at $12 per month each. Basic is $17 plus $4 if you file taxes yourself, and Texas is one of the few states where self-filing is genuinely manageable, since there is no state withholding and the only recurring state filing is the quarterly TWC report.

Pros
Lowest published base price in full-service payroll at $37 per month
Unlimited payroll runs with no per-run fees
Self-file Basic tier is viable in a state with no income tax withholding
30-day free trial plus a discount on the first months
Cons
$12 per month for each additional state
Basic plan leaves you filing the TWC quarterly report yourself
New hire reporting to the Attorney General is not automated on lower tiers
Time tracking and HR are separate paid add-ons

Square Payroll

At $35 per month plus $6 per person, Square is the cheapest full-service option with published pricing. For a Houston or Austin restaurant already running Square point of sale, timecards flow into payroll with no integration work and tip handling is native, which matters in a state where the tipped cash wage sits at the federal $2.13 floor.

Pros
Lowest published base fee among full-service providers at $35 per month
Tip handling and timecards flow directly from Square POS and the Team App
State tax filing included in the full-service plan
Contractor-only plan at $6 per person with no base fee
Cons
Narrower integration catalog than Gusto or ADP
Paper W-2 and 1099 mailing costs $3 per form
Best value is tied to using the wider Square ecosystem
Onboarding document collection is thinner than HR-first platforms

SurePayroll

Owned by Paychex and built for very small employers and household employers. Full Service is $29 per month plus $7 per employee, with a flat $9.99 monthly multi-state fee that is the most economical multi-state arrangement here for a very small team.

Pros
Flat $9.99 monthly multi-state fee rather than per-state pricing
AutoPayroll available on both plans, unusual at this price point
Strong fit for household employers paying nannies or caregivers
Unlimited payroll runs on all plans
Cons
Per-employee fee of $7 is the highest among the budget providers
No digital onboarding workflows for collecting hire paperwork
HR features are minimal compared with full platforms
Interface reads dated compared to newer platforms
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QuickBooks Workforce Payroll

Core is $50 per month plus $6.50 per employee, and the argument for it is unchanged: if your books live in QuickBooks Online, payroll reaches the general ledger without an export. In a state with no withholding layer to worry about, the accounting integration carries proportionally more of the decision than it would elsewhere.

Pros
Native general ledger sync with QuickBooks Online
Full-service state tax filing on every tier including Core
Same-day direct deposit available on higher tiers
Published pricing with no sales call
Cons
Per-employee pricing increased in mid-2026
Core tier lacks time tracking and HR support
Weak value if you do not use QuickBooks accounting
Onboarding document collection is limited on lower tiers

ADP RUN

ADP has the deepest tax compliance engine in the category. Texas is not the state where that depth earns its premium, since there is no withholding to calculate and one quarterly state filing to make. The case for ADP here is a Texas employer with genuine multi-state complexity, or one expecting to grow past the point where a small platform stays comfortable.

The cost is opacity. ADP does not publish RUN pricing; third-party estimates put Essential near $79 per month plus $4 per employee, but every quote is individual. Contracts typically run a year with automatic renewal and a 30 to 60 day cancellation window.

Pros
Best-in-class handling of multi-state complexity
Statutory changes reach the tax tables without customer intervention
Three-month free trial promotions are common for new customers
Deep benefits administration and large Texas service footprint
Cons
No published pricing: every quote requires a sales conversation
Annual contract with automatic renewal and a notice window
Compliance depth is underused in a state with no income tax
Post-implementation support quality is a recurring complaint in reviews

Paychex Flex

Paychex competes on service rather than software, and unusually among quote-driven vendors it publishes an entry rate: Essentials at $39 per month plus $5 per employee, with higher tiers quoted individually. It maintains offices across Texas, and the service model earns its keep less on tax complexity than on Payday Law questions, where a disputed deduction or a six-day final pay deadline benefits from someone to call.

Pros
Publishes an entry-tier rate rather than quoting everything
Dedicated service representatives available at higher tiers
Physical offices across Texas metros for in-person support
Broad HR, benefits, and retirement services under one vendor
Cons
Only the entry tier is published; everything above it is quoted
Quarterly fees are reported by customers and not always disclosed upfront
Dedicated support requires a higher-priced tier
Contract terms are less flexible than month-to-month providers

Paylocity

Paylocity sits between small-business payroll and full HCM, aimed at companies that have outgrown basic payroll. Its onboarding module handles document collection and e-signature as part of a configured workflow, which addresses the part of Texas compliance that is documentary rather than computational. Pricing is quote-based and implementation is a project rather than a signup.

Pros
Onboarding workflows handle document collection and signatures
Maintains detailed per-state tax compliance resources
Strong employee self-service and mobile experience
Scales into mid-market without replatforming
Cons
Quote-only pricing with no published rates
Implementation timeline measured in weeks, not days
More platform than a 10-person Texas business needs
Annual contracts with limited flexibility

Rippling

Rippling unifies payroll, HR, and IT provisioning on one employee record. The core platform is $35 per month plus $8 per employee, with payroll as a separate module. Real-world all-in costs land between $25 and $45 per employee per month once you assemble a working configuration.

Pros
Single employee record spanning HR, payroll, and IT provisioning
Handles multi-state registration in the same workflow
Onboarding collects hire documents alongside payroll setup
Scales from startup to mid-market without replatforming
Cons
Modular pricing means the headline $8 figure is not what anyone pays
Payroll module pricing is not published as a standalone number
Implementation fees are common and quoted per contract
Overbuilt for a 15-person Texas business with no IT complexity

What each provider actually costs a Texas employer

The table below models published rates at three headcounts, with a column for what a second state adds, since that is the variable most likely to reorder the ranking for a Texas employer with remote staff.

Provider10 employees25 employees50 employeesSecond StateNotes
SurePayroll$99$204$379$9.99 flatAdd-on HR features
Square$95$185$335IncludedBest with Square POS
Patriot$87$162$287$12 monthlyCheapest full service
Paychex Flex$89$164$289QuoteEssentials tier published
OnPay$109$199$349IncludedOne plan, no tiers
Gusto Simple$109$199$349Tier upgradeSimple is single state
QuickBooks$115$213$375IncludedSyncs to QuickBooks GL
ADP RUN~$119~$179~$279QuoteQuote-only pricing
Monthly base plus per-employee fees at standard published rates, verified July 2026. Excludes promotional discounts, benefits premiums, workers compensation or occupational accident premiums, and year-end form fees where charged separately. ADP figures are third-party estimates. These figures exclude unemployment tax itself, which is an employer cost rather than a software fee and is capped by the $9,000 wage base.

Square and Patriot are the cheapest published options at every headcount. Because Texas has no withholding layer and one recurring state filing, the comparison here is closer to a pure price question than in states with municipal returns or dual wage bases, and the cheapest capable platform is a more defensible choice than usual. The variable that changes the answer is the second state: Gusto Simple forces a tier upgrade that roughly doubles the bill, while SurePayroll charges a flat $9.99 and OnPay and QuickBooks include it.

Price the off-cycle run, not just the monthly subscription
The six-day final pay deadline after a discharge means Texas employers issue off-cycle payments more often than employers in states where final pay waits for the next payday. Providers that charge per payroll run, or that make an off-cycle run a support ticket rather than a self-service action, turn a routine termination into either a fee or a compliance risk. Before signing, confirm that off-cycle runs are unlimited and self-service, and check how quickly funds settle, because a six-day deadline leaves little room for a three-day direct deposit window started on day five.

Choosing a payroll provider for Texas

Are off-cycle runs unlimited, self-service, and fast to settle?
Texas gives you six calendar days to pay a discharged employee in full, counted from the discharge date and including weekends. If your provider charges per run, requires a support request for off-cycle payments, or needs a four-day funding window, an ordinary Friday termination becomes a problem. Confirm that you can initiate an off-cycle payment yourself, that it carries no fee, and what the fastest available settlement option is.
Does it file the new hire report with the Attorney General?
Texas new hire reports go to the Child Support Division of the Office of the Attorney General within 20 calendar days, which is a different agency and a different filing from the quarterly wage report submitted to the Texas Workforce Commission. Some platforms file both, some file only the TWC report, and the difference is easy to miss because both get described as filing your Texas payroll taxes. Ask specifically about the Attorney General report, and about whether independent contractors are included, since Texas requires them to be reported too.
Can it enforce your pay frequency and designated paydays?
Non-exempt employees must be paid at least twice a month and exempt employees at least once, with semi-monthly periods containing as nearly as possible an equal number of days. If you never designate paydays, the statutory default is the first and fifteenth. Confirm the platform supports the schedule you actually intend to run, and remember you still need a physical notice of designated paydays posted at each work location, which no software does for you.
How does it handle deduction authorizations?
Texas requires advance written authorization for most deductions beyond taxes and court-ordered amounts, and the authorization must be specific rather than broad. Employees have 180 days from the date wages were due to file a wage claim, so an undocumented uniform or equipment deduction can surface long after separation. Ask whether the platform stores signed authorizations against the employee record, or whether it will happily process a deduction you have no documentation for.
What does a hire in another state cost on this plan?
Texas borders four states and many Texas employers hire remotely well beyond them. Providers price multi-state three ways: included, a flat monthly fee, or a per-state charge, and at least one forces a tier upgrade that roughly doubles the bill. Since Texas itself is inexpensive to run, the multi-state policy is often the single largest cost variable in the decision. Establish it before you sign rather than at the moment you make the hire.

Before you choose

FirstHR does not process payroll, file payroll taxes, or administer benefits. Every provider above does something we do not, and because Texas payroll computation is about as simple as it gets in the United States, the sensible move is to pick a capable platform at the lowest defensible price and spend your attention elsewhere.

What we handle is the document layer around payroll: onboarding workflows, e-signature on the federal W-4 and I-9, offer letters, employee records, and document management for 5 to 50 employee US teams at a flat $98 to $198 per month. Texas is a state where that split is unusually clean, because the state asks almost nothing of your calculation engine and quite a lot of your records: a new hire report to a separate agency within 20 days, contractors included in that report, the workers compensation coverage notice if you are a non-subscriber, and signed deduction authorizations that hold up 180 days later. Our Texas HR compliance guide covers the wider set of state obligations beyond payroll.

Key Takeaways
Texas has no state income tax and no state withholding form, and the prohibition is constitutional rather than statutory after voters approved Proposition 4 in 2019. New hire tax paperwork is federal only: the W-4 and the I-9.
Unemployment insurance is the only state payroll tax, running from 0.32 to 6.32 percent for 2026 on a wage base of $9,000 that has not changed since 1997. New employers pay their NAICS industry average or 2.7 percent, whichever is higher, so there is no single new employer rate.
Final pay timing depends on who ended the employment. A discharged employee must be paid in full within six calendar days; an employee who quits is paid by the next regular payday. Mutual agreement separations are generally treated as involuntary and fall on the six-day deadline.
Texas is the only state where private employers may generally decline workers compensation. Non-subscribers file DWC Form-005 annually between February 1 and April 30 and within 30 days of a first hire, and they give up the common law defenses the compensation system otherwise provides.
New hire reports go to the Office of the Attorney General within 20 calendar days, not to the Texas Workforce Commission, and independent contractors must be reported as well. The penalty is $25 per employee, and the quarterly TWC wage report does not satisfy this obligation.

Frequently Asked Questions

Does Texas have a payroll tax?

Texas has no state individual income tax, so there is no state withholding and no state W-4. The only state payroll tax is unemployment insurance, paid by the employer on the first $9,000 of each employee's wages. Everything else on a Texas paycheck is federal. See our overview of payroll taxes by state for how this compares elsewhere.

What is the Texas unemployment tax rate?

For 2026 experience-rated employers pay between 0.32 and 6.32 percent on the first $9,000 of wages. New employers pay their NAICS industry average or 2.7 percent, whichever is higher. The rate is assembled from a General Tax Rate, a Replenishment Tax Rate of 0.21 percent, an Obligation Assessment, a Deficit Tax Rate, and the Employment and Training Investment Assessment.

What is the Texas taxable wage base?

$9,000 per employee per calendar year, set by statute and unchanged since 1997. It is one of the lowest in the country, so most full-time employees cross it within the first quarter, concentrating unemployment tax in the early part of the year. At the minimum rate the annual cost is about $29 per employee; at the maximum it is about $569.

When is a final paycheck due in Texas?

Within six calendar days of discharge for an involuntary separation, and by the next regularly scheduled payday for a voluntary resignation, under Texas Labor Code Section 61.014. The six-day count includes weekends and runs from the discharge date. Our guide to the final paycheck for a terminated employee compares deadlines across states.

How often must Texas employers pay employees?

Employees exempt from FLSA overtime provisions must be paid at least monthly; all others at least twice a month, with semi-monthly periods as nearly equal in length as possible. Employers designate paydays in advance and post a notice at each workplace. If no paydays are designated, the statutory default is the first and fifteenth of the month.

Is workers compensation required in Texas?

No. Texas is the only state where private employers may generally opt out. Non-subscribers must post and give written notice of no coverage and file DWC Form-005 annually between February 1 and April 30, within 30 days of a first hire, within 10 days of ending a policy, and within 10 days of a Division request. Opting out means losing the common law defenses the compensation system provides.

What is the minimum wage in Texas?

$7.25 per hour with a tipped cash wage of $2.13 and a maximum tip credit of $5.12. Texas adopts the federal floor under Labor Code Section 62.051 and preempts local wage ordinances under Section 62.0515, so no Texas city or county may set a higher rate.

How long do Texas employers have to report a new hire?

Twenty calendar days from the date the employee starts earning wages, filed with the Child Support Division of the Office of the Attorney General. Independent contractors must be reported as well, and the penalty is $25 per employee for a knowing failure to report. See our guide to Texas new hire reporting for the portal walkthrough and required fields.

How long does an employee have to file a wage claim in Texas?

180 days from the date the wages were originally due, filed with the Texas Workforce Commission under the Texas Payday Law. Because the window runs from when wages were due rather than from separation, claims over disputed deductions or unpaid commissions can arrive months after an employee leaves.

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