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Texas Application For Reinstatement And Request To Set Aside Tax Forfeiture

State:
Texas
Control #:
TX-GB-801
Format:
PDF
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Application For Reinstatement And Request To Set Aside Tax Forfeiture

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FAQ

The Secretary of State may terminate an entity's existence if it fails to pay all required fees, or for failure to have a registered agent or registered office, Texas Business and Organizations Code, Section 11.251.

An entity forfeited under the Tax Code can reinstate at any time (so long as the entity would otherwise continue to exist) by (1) filing the required franchise tax report, (2) paying all franchise taxes, penalties, and interest, and (3) filing an application for reinstatement (Form 801 Word 178kb, PDF 87kb),

An entity forfeited under the Tax Code can reinstate at any time (so long as the entity would otherwise continue to exist) by (1) filing the required franchise tax report, (2) paying all franchise taxes, penalties, and interest, and (3) filing an application for reinstatement (Form 801 Word 178kb, PDF 87kb),

Within 120 days of the date of notice of forfeiture of privileges. § 171.252(1) states that a taxable entity that has forfeited its right to transact business is denied the right to sue or defend in a court in this state.

The Comptroller is required by law to forfeit a company's right to transact business in Texas if the company has not filed a franchise tax report or paid a franchise tax required under Chapter 171.

Forfeited Existence - An inactive status indicating that the corporation or limited liability company failed to file its franchise tax return or to pay the tax due thereunder. Status is changed by secretary of state when certification of the delinquency is received from the comptroller of public accounts.

How long does it take the Texas SOS to reinstate an LLC? The Texas Secretary of State's office typically processes filings in 5-7 business days. Expedited filings are usually processed in 1-2 business days.

Under the Texas Tax Code, Section 171.301?. 3015, the State Comptroller may cause the involuntary forfeiture of an entity for failure to pay its franchise tax. Under Section 171.309, the Texas Secretary of State may also forfeit an entity's charter, certificate, or registration for the same purpose.

More info

The Texas Tax Code permits an application to be submitted at any time after the tax delinquency is cured. Complete and submit Form 05-391, Tax Clearance Letter Request for Reinstatement (PDF), via mail or online using Webfile.Aside from the appropriate reinstatement form, you will need to submit a Tax Clearance Letter to the Comptroller of Public Accounts. Application for Reinstatement. And Request to Set Aside. If it was due to failure to pay the franchise tax, then you'll need to file the Application for Reinstatement alongside the Request to Set Aside Tax Forfeiture. Suspend actions to collect delinquent taxes or forfeit the property as of the bankruptcy petition filing date;. File a revivor request form. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms (g) Vacation or setting aside of default judgments.

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Texas Application For Reinstatement And Request To Set Aside Tax Forfeiture