Texas Franchise Tax Public Information Report (PIR) and Ownership Information Report (OIR) (2024)

taxes

Filing Requirements

Public Information Report

Each taxable entity formed as a corporation, limited liability company (LLC), limited partnership, professional association and financial institution that is organized in Texas or has nexus in Texas must file Form 05-102, Texas Franchise Tax Public Information Report (PIR) annually to satisfy their filing requirements. The PIR is due on the annual franchise tax report due date. The report must be completed and signed by an officer, director or other authorized person.

PIR Information

Officer and director information on the Comptroller’s website is obtained from the most recent PIRs processed by the Texas Secretary of State (SOS). PIRs are forwarded to the SOS for processing. After processing, the SOS sends the Comptroller’s office an electronic copy of the information, which is displayed in our online Taxable Entity Search. This information is updated as changes are received from the SOS.

You may order a copy of a Public Information Report from open.records@cpa.texas.gov or Comptroller of Public Accounts, Open Records Section, P.O. Box 13528, Austin, Texas 78711.

Where to submit your PIR

Submit your PIR via Webfile or mail to:

Texas Comptroller of Public Accounts
P.O. Box 149348
Austin, TX 78714-9348

Ownership Information Report

Each taxable entity, other than a legally formed corporation, LLC, limited partnership, professional association or financial institution, that is organized in Texas or has nexus in Texas is required to file Form 05-167, Franchise Tax Ownership Information Report (OIR) annually to satisfy their filing requirements. The OIR is due on the date the annual franchise tax report is due and must be completed and signed by a partner, member, owner, or other authorized person of the taxable entity.

OIR Information

Ownership information on OIRs is confidential and is not displayed on the Comptroller’s website.

Where to submit your OIR

Submit your OIR via Webfile or mail to:

Texas Comptroller of Public Accounts
P.O. Box 149348
Austin, TX 78714-9348

Combined Groups

Each member of a combined group that is organized in Texas or that has nexus in Texas must file a separate PIR or OIR.

IMPORTANT: The PIR or OIR is due even if the entity does not have to file a franchise tax report because its annualized total revenue is at or below the no tax due threshold.

Entities Not Required to File a PIR or an OIR

  • Entities that are not organized in Texas and/or do not have nexus in Texas.
  • Entities that are exempt from Texas franchise tax.
  • Qualifying new veteran-owned businesses during their initial five-year period.
  • Entities that qualify as passive.

Failure to File a PIR or an OIR

Even if you do not have to file a franchise tax report because you are at or below the no tax due threshold or you file a franchise tax report and pay all taxes due, your entity may forfeit its right to transact business if you fail to file a completed and signed PIR or OIR. The effects of forfeiture include the denial of your entity’s right to sue or defend in a Texas court, and each officer, director, partner, member or owner becomes personally liable for certain debts of the entity (Texas Tax Code Sections 171.251, 171.2515, 171.252 and 171.255). Forfeiture provisions do not apply to financial institutions (Texas Tax Code Sections 171.259 and 171.260).

Amending PIRs

Changes to officer and director information that occur after the PIR is filed should be reported to the Comptroller’s office on the next PIR the entity is required to file. The Comptroller’s office does not require changes that occur after the annual PIR is filed to be reported until the next annual filing.

An individual whose name was included on the PIR, but who was not an officer or director on the date the PIR was filed, may file a sworn statement to that effect with the Comptroller’s office. If your entity made an error on its PIR or has a critical need for an update, you may file an amended PIR with a cover letter to explain the error or critical need. Mail the form to P.O. Box 149348, Austin TX 78714-9348 with “Amended” at the top along with a statement explaining the need to amend the PIR. Time-sensitive requests should be marked “urgent” and faxed to 512-475-0433. The Comptroller’s office will advise the SOS of the change.

Registered Agent ChangesChanges to the registered agent or registered office must be filed directly with the SOS and cannot be made on the PIR or OIR. The changes can be made online or on forms downloaded from the SOS website.
Texas Franchise Tax Public Information Report (PIR) and Ownership Information Report (OIR) (2024)

FAQs

Who must file a Texas franchise tax public information report? ›

Each taxable entity formed as a corporation, limited liability company (LLC), limited partnership, professional association and financial institution that is organized in Texas or has nexus in Texas must file Form 05-102, Texas Franchise Tax Public Information Report (PIR) annually to satisfy their filing requirements.

What is a public information report Texas LLC? ›

The Public Information Report (“PIR”) and Ownership Information Report (“OIR”) – which are separate from the various Texas franchise tax return forms – provide basic information about a Texas entity including the entity's address and governing authority and must be filed with the Texas Comptroller annually, typically ...

What is a Texas franchise tax report? ›

The Texas Franchise Tax is levied annually by the Texas Comptroller on all taxable entities doing business in the state. The tax is based upon the entity's margin, and can be calculated in a number of different ways. Each business in Texas must file an Annual Franchise Tax Report by May 15 each year.

Where do I mail a Texas franchise tax public information report? ›

Instructions for each report year are online at www.window.state.tx.us/taxinfo/taxforms/05-forms.html. Mail original to: Texas Comptroller of Public Accounts P.O. Box 149348 Austin, TX 78714-9348 Taxpayers who paid $10,000 or more during the preceding fiscal year (Sept. 1 thru Aug.

Who is exempt from Texas franchise tax? ›

A nonprofit corporation organized solely to promote the public interest of a city, county, town or other area within Texas is exempt from franchise tax.

Are you required to file information returns with the Franchise Tax Board? ›

Filing requirements

You need to file an information return with us if either of the following are: The recipient is a California resident or part-year resident . The source of an information return transaction was in California.

What is the difference between PIR and OIR? ›

Each taxable entity that is legally formed as a corporation, limited liability company, professional association, limited partnership or financial institution files a public information report (PIR). Associations, trusts and all other taxable entities file the Ownership Information Report (OIR).

What is a PIR report in Texas? ›

The PIR provides information to the Comptroller about the entity's officers, directors, ownership, or other authorized parties. There are serious consequences for those entities who fail to file the PIR within 120 days of its due date, such as forfeiting your right to carry on any business in the state.

How to avoid franchise tax in Texas? ›

Entities Not Subject to Franchise Tax
  1. sole proprietorships (except for single member LLCs);
  2. general partnerships when direct ownership is composed entirely of natural persons (except for limited liability partnerships);
  3. entities exempt under Tax Code Chapter 171, Subchapter B;
  4. certain unincorporated passive entities;

What happens if you don't file franchise tax in Texas? ›

A $50 penalty is assessed on each report filed after the due date. If tax is paid 1-30 days after the due date, a 5 percent penalty is assessed. If tax is paid over 30 days after the due date, a 10 percent penalty is assessed.

Do you have to pay franchise tax if less than $1000 in Texas? ›

In addition to the no tax due threshold, a business does not owe any tax if its tax liability is less than $1,000. Finally, businesses with $20 million or less in total revenue during the franchise tax year have the option to use a sepa- rate, simplified calculation called the EZ computation.

How do I get a copy of my Texas franchise tax report? ›

You can search these reports through this site. If you get no results from your query, you can order a copy of the Public Information Report from open.records@cpa.texas.gov or by mail at Comptroller of Public Accounts, Open Records Section, PO Box 13528, Austin, Texas 78711. Call (800) 252-1386 for assistance.

Who must file a Texas public information report? ›

First, corporations and LLCs are required to update their management information each year on the Public Information Report, filed with the Texas Comptroller of Public Accounts. This information is then sent to the secretary of state and the management records are updated accordingly.

Why am I getting a letter from Franchise Tax Board? ›

The Franchise Tax Board will send a notice or letter to personal taxpayers and business entities for issues that may include but not limited to: You have a balance due. You are due a larger or smaller refund. We need to notify you of delays in processing your return.

Can you extend a Texas public information report? ›

An extension of time to file a franchise tax report and/or information report will be tentatively granted upon receipt of a timely online extension payment or request on a form provided by the Comptroller. Timely means the request is received or postmarked on or before the due date of the original report.

Who has to file an annual report in Texas? ›

Domestic or foreign Texas limited liability companies (including professional LLCs) must file a Public Information Report when they file their annual franchise tax with the Texas Comptroller of Public Accounts. There is no separate submission to the Texas Secretary of State.

Do nonprofits have to file Texas franchise tax? ›

Nonprofit entities that have requested and been granted an exemption from the Comptroller's office do not have to file franchise tax reports, including the Public Information Report or Ownership Information Report. If the entity has not requested or been granted an exemption, it must file all reports.

Who needs to register with Texas Comptroller? ›

If you are conducting business in Texas, it is likely you will have to register your business with the State Comptroller. Depending on the type of business you conduct, you may also be required to obtain a permit, collect and or pay tax, and file tax returns.

Does Texas have a filing requirement? ›

Texas Income Taxes. Since Texas does not collect an income tax on individuals, you are not required to file a TX state income tax return.

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