Form 05-359, Request for Certificate of Account Status Form 05-359, Request for Certificate of Accou 2025

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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 a corporation or LLC is inactive by means of revocation or administrative dissolution, it cannot legally transact business in a state. This can impact the entire organizations ability to engage with clients, creditors, and other government agencies.
If the Texas Comptroller forfeits an entitys ability to do business in the state, the entity will not be able to sue, and the entitys director and officers can be personally liable for the debts of the entity, including taxes. TBOC 171.252 and . 255.
The Comptroller is required by law to forfeit a companys right to transact business in Texas if the company has not met franchise tax filing requirements under Chapter 171.
A certificate of fact - status is a certificate issued by the Secretary of State that serves as official evidence of an entitys existence or authority to transact business in Texas.
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The Comptroller will consider issuing a private letter ruling when taxability guidance in statutes, rules or other controlling authorities does not exist or is not clear. The person requesting the private letter ruling needs to explain why such guidance is lacking.

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