Question 1

Do I need to hire a service to reinstate my Texas LLC?

Accepted Answer

You can reinstate your entity on your own, as the forms are public. However, the process requires precise synchronization between the Texas Comptroller and the Secretary of State. Hiring a specialist like AttriBiz helps navigate the timing gap between tax clearance and reinstatement filing, preventing common errors that lead to rejections.

Question 2

Am I personally liable for business debts while my Texas LLC is forfeited?

Accepted Answer

Yes. Under Section 171.255 of the Texas Tax Code, officers and directors can be held personally liable for debts incurred while the corporate privileges are forfeited. Reinstating your entity is critical to restoring your liability shield.

Question 3

Can I still file the Texas 'No Tax Due' Report (Form 05-163)?

Accepted Answer

No. As of 2024, the No Tax Due Report (Form 05-163) has been discontinued. Entities below the revenue threshold must now file a Public Information Report (PIR) or Ownership Information Report (OIR) to satisfy state requirements. Filing the old form will result in rejection.

Question 4

Do I need Texas Form 801 or Form 811 for reinstatement?

Accepted Answer

It depends on why your entity was forfeited. Form 801 (Application for Reinstatement) is used specifically for tax forfeitures under Chapter 171. Form 811 is required for non-tax forfeitures (such as failure to maintain a Registered Agent) or voluntary terminations. Filing the wrong form results in lost fees.

Question 5

Where do I mail Texas Reinstatement Forms 801 or 811?

Accepted Answer

Texas reinstatement forms are processed by the Secretary of State. Mailed filings should go to P.O. Box 13697, Austin, TX 78711-3697. However, you must first clear all tax liabilities with the Comptroller, which often requires a separate filing to a different address.

Question 6

How much are the penalties for late Texas Franchise Tax reports?

Accepted Answer

Even if you owe $0 in taxes, Texas charges a mandatory $50 penalty for each late report filed. If taxes are owed, an additional 5% penalty applies immediately (1-30 days late), increasing to 10% after 30 days, plus accruing interest.

Question 7

What happens if my business name was taken while I was forfeited?

Accepted Answer

If your business name was taken by another entity during your forfeiture period, you cannot reinstate under the old name. You must file a Certificate of Amendment to change your legal name simultaneously with your reinstatement application. Our service checks name availability instantly.

Question 8

Does a Texas Franchise Tax Extension apply if I owe $0?

Accepted Answer

Yes, but accuracy is critical. A valid extension requires paying either 90% of the current year's tax or 100% of the prior year's tax. If you estimate $0 but actually owe tax, your extension may be voided, triggering retroactive penalties.

Question 9

How long does Texas LLC reinstatement take?

Accepted Answer

Standard reinstatement processing typically takes 25-30 days due to manual review of the tax account by the Comptroller. Rush processing can expedite the submission to 4-8 business hours, but state internal review times may vary.

Question 10

What is the difference between a PIR (05-102) and OIR (05-167)?

Accepted Answer

The Public Information Report (PIR) is generally for LLCs and Corporations and discloses officers/directors. The Ownership Information Report (OIR) is for entities like Partnerships or those with specific ownership structures. Filing the wrong informational report will prevent tax clearance.

Question 11

Can I reinstate if I lost my Texas XT Webfile number?

Accepted Answer

Yes. If you have lost your XT number, it can be retrieved by calling the Comptroller or requesting it by mail. Our service includes an instant diagnostic process that can often bypass the need for you to personally retrieve this number.

Question 12

Can I pay Texas Franchise Tax with a credit card?

Accepted Answer

Yes, but with limitations. The Texas Comptroller accepts credit cards for Webfile payments (subject to a convenience fee). However, certain past-due reinstatements requiring manual checks or cashier's checks cannot always be paid simply via portal. We coordinate the correct payment method for each agency.

Texas Entity Status & Reinstatement

How It Works

1. Status Check

2. Audit & Calculation

3. Reinstatement

4. Future Proofing