SPECIFIC LINE INSTRUCTIONS FOR
EACH REPORT INCLUDED IN THIS BOOKLET
FORM 05-102
TEXAS FRANCHISE TAX PUBLIC
INFORMATION REPORT
Filing Requirements: Each corporation, LLC and financial
institution that has a franchise tax responsibility must file a
public information report (PIR) to satisfy their filing obligation.
The PIR is due on the date the franchise tax report is due.
The report must be completed and signed by an officer,
director or other authorized person of the corporation, LLC
or financial institution. A separate PIR is to be filed for each
corporation, each LLC and each financial institution that
files a separate franchise tax report or that is part of a
combined group (unless the corporation, LLC or financial
institution does not have nexus in Texas).
Even if the franchise tax report is filed and all taxes paid,
the right to transact business may be forfeited for failure to
file the completed and signed PIR. The effects of forfeiture
include the denial of the corporation’s or LLC’s right to sue
or defend in a Texas court, and each officer and director
becomes personally liable for certain debts of the
corporation or LLC. (Tex. Tax Code Secs. 171.251, 171.252
and 171.255) Forfeiture provisions do not apply to financial
institutions. (Tex. Tax Code Secs. 171.259 and 171.260)
Changes to the registered agent or registered office must
be filed directly with the Secretary of State, and cannot be
made on this form. The changes can be made online or on
forms downloaded from their Web site at
www.sos.state.tx.us/corp/forms_option.shtml.
If there are no changes to the information in Section A of
this report, then blacken the circle as indicated and complete
Sections B and C. If no information is displayed or preprinted
on this form, complete all applicable items.
Section A:
Report the name, title, and mailing address of each officer
and director of the corporation, LLC or financial institution
as of the date the report is filed. If ALL the preprinted
information in Section A is correct, blacken the circle located
below the mailing address on the form. Otherwise, mark
through any incorrect information and type or print the
correct information next to the incorrect item or, if Section A
is blank, complete Section A.
Domestic profit corporations and domestic professional
corporations must list all officers, which must include the
president and secretary, and all directors. One person may
hold all offices. Domestic non-profit corporations must list all
officers. Different persons must hold the offices of president
and secretary. There is a minimum of three directors.
Domestic limited liability companies must list all managers
and, if the company is member-managed, list all members.
All officers, if any, must be listed. Non-Texas entities must list
all officers and directors that are required by the laws of the
state or country of incorporation or organization.
Sections B and C:
Complete both sections as applicable for the entity for
which this report is filed.
Processing, Accessing, and Correcting Information
Reported on the PIR:
Reports filed by Texas corporations or LLCs and
corporations or LLCs with a Certificate of Authority are sent
to the Secretary of State, as required by law. After
processing, officer and director information from the report
is made available on the Comptroller’s Certificate of Account
Status Web site, http://ecpa.cpa.state.tx.us/coa/Index.html.
If the information is not available online, you may request a
copy of the most recent PIR by contacting us at
[email protected]ate.tx.us, or write to:
COMPTROLLER OF PUBLIC ACCOUNTS
Open Records Section
P. O. Box 13528
Austin, Texas 78711-3528
Changes to officer and director information that occur after
the report is filed, should be reported to the Comptroller on
the next PIR the corporation, LLC or financial institution is
required to file. The Comptroller will not accept changes
during the year, except as noted below.
An individual whose name was included on the report, but
who was not an officer or director on the date the report
was filed, may file a sworn statement to that effect with the
Comptroller. A corporation, LLC or financial institution that
made an error on its PIR may file an amended PIR with a
cover letter explaining the error.
Signature Block:
Report may be signed by an officer, director or other
authorized person. This includes a paid preparer authorized
to sign the report.
FORM 05-158-A
TEXAS FRANCHISE TAX REPORT – PAGE 1
Filing Requirements: Any entity (including a combined
group) that does not qualify to file using the E-Z Computation
or the no tax due information report should file this report.
A taxable entity must make an annual election to deduct
COGS or compensation by the due date of the franchise
tax report, the extended due date or the date the report is
filed, whichever is latest. The election to use COGS or
compensation is made by filing the franchise tax report using
one method or the other. This is an annual election and is
effective for the entire period upon which the tax is based.
After the due date or the extended due date of the report, a
taxable entity may not amend its report to change its election
to cost of goods sold or compensation. However, a taxable
entity may amend its report to change its method of
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