Texas Sample Letter for Return of Documents
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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), ...
If your LLC was terminated for failing to pay the Texas franchise tax, you'll need to file The Application for Reinstatement and Request to Set Aside Tax Forfeiture (Form 801). If your LLC was terminated for any other reason, you'll need to file the Texas Certificate of Reinstatement (Form 811).
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. Pursuant § 171.252(2) each officer and director is liable for the debts of the corporation.
How long it takes to set up an LLC in Texas depends on the speed of service. We recommend that you file the COF online and use expedited services. Currently, the SOS takes up to 40 days to approve LLCs. With expedited service, formation takes approximately 5 days.
The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card information must accompany the transmission (Form 807).
Unless the entity is a nonprofit corporation or cooperative association, the filing fee for reinstatement following a voluntary termination is $15, and the filing fee for reinstatement following an involuntary termination or revocation is $75.
In the state of Texas, there is no annual report. Instead, there is a Texas Franchise Tax. This is levied annually by the Texas Comptroller on all taxable entities that do business in Texas. It is calculated in a few different ways and paid on May 15 each year.
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.
