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The 801 Texas form is an application for reinstatement and a request to set aside tax forfeiture. This form serves as a critical step for entities that have been forfeited or revoked under Texas law, allowing them to regain their status. It is essential to understand the requirements and procedures involved in completing this form to ensure compliance and successful reinstatement.

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The 801 Texas form serves as a crucial tool for businesses seeking to reinstate their status after a tax forfeiture. This application is specifically designed for entities that have been forfeited or revoked under the Texas Tax Code. Before submitting the form, it is essential for the entity to have filed all required delinquent reports and settled any outstanding taxes, penalties, and interest. The form cannot be used if the entity was voluntarily terminated or revoked for reasons unrelated to tax issues. It’s important to note that only certain individuals, such as shareholders, directors, or officers at the time of forfeiture, are authorized to submit the application. The form also requires accurate details, including the entity's legal name and the date of forfeiture, to ensure proper processing. Additionally, a tax clearance letter from the Texas Comptroller is necessary to confirm that all franchise tax obligations have been met. Filing fees apply, and the completed application must be submitted in duplicate to the Secretary of State. Understanding these key aspects will help streamline the reinstatement process and avoid potential pitfalls.

Dos and Don'ts

When filling out the 801 Texas form, there are important dos and don'ts to keep in mind. Following these guidelines will help ensure your application is processed smoothly.

  • Do provide the legal name of the entity as stated in its certificate of formation.
  • Do include the Secretary of State file number to facilitate processing.
  • Do ensure that all delinquent reports and taxes are filed and paid before submitting the form.
  • Do read all statements carefully before signing the application.
  • Do submit the application along with the required filing fee.
  • Don't use this form if the entity was voluntarily terminated.
  • Don't submit the application if the entity was revoked for reasons other than tax forfeiture.
  • Don't forget to obtain a tax clearance letter from the Texas Comptroller before applying.
  • Don't assume that the entity name is available; verify it before submission.
  • Don't neglect to provide accurate information, as false statements can lead to serious penalties.

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What is the purpose of the 801 Texas form?

The 801 Texas form, officially known as the Application for Reinstatement and Request to Set Aside Tax Forfeiture, serves as a crucial tool for entities that have been forfeited or revoked by the Secretary of State due to tax issues. By submitting this form, an entity can take the necessary steps to reinstate its status and continue its operations. However, before filing, the entity must ensure that all delinquent reports have been submitted and that any outstanding taxes, penalties, and interest have been paid.

Who is authorized to submit the 801 Texas form?

Only specific individuals are permitted to submit the 801 Texas form on behalf of an entity. The authorized individuals include:

  • For-profit or professional corporation: Shareholder, director, or officer at the time of forfeiture.
  • Professional association: Shareholder, member, director, or officer at the time of forfeiture.
  • Nonprofit corporation: Director, officer, or member at the time of forfeiture.
  • Limited liability company: Member or manager at the time of forfeiture.
  • Limited partnership: Partner at the time of forfeiture.
  • Statutory or business trust: Trustee or beneficial owner at the time of forfeiture.

It is essential that the person submitting the form was actively involved with the entity at the time of forfeiture to ensure the application is valid.

What are the requirements for reinstatement?

To successfully reinstate an entity using the 801 Texas form, several requirements must be met:

  1. The entity must file all delinquent reports required by Chapter 171 of the Tax Code.
  2. All taxes, penalties, and interest due at the time of the request must be paid.
  3. A tax clearance letter from the Texas Comptroller of Public Accounts must accompany the application, confirming that the entity has satisfied its franchise tax obligations.
  4. The application must be signed by an authorized individual as specified in the previous question.

Failure to meet any of these requirements may result in the denial of the reinstatement request.

What is the filing fee for the 801 Texas form?

The filing fee for submitting the 801 Texas form is generally $75. However, if the entity is a nonprofit corporation, there is no fee required for the reinstatement application. Payments can be made using various methods, including personal checks, money orders, and credit cards. If paying by credit card, be aware that a convenience fee of 2.7% will be applied to the total fees. Ensure that the completed form is submitted in duplicate along with the appropriate payment to avoid delays in processing.

How to Use 801 Texas

Filling out the 801 Texas form is an important step for entities seeking reinstatement after a tax forfeiture. This process ensures that your entity can continue its operations legally. To successfully complete the form, follow the steps outlined below carefully. Make sure you have all the necessary information and documentation ready before you begin.

  1. Entity Name: Write the legal name of your entity as it appears in its certificate of formation or registration. If your entity is foreign and registered under a different name, include that assumed name as well.
  2. Secretary of State File Number: Provide the file number assigned to your entity by the Secretary of State. This helps in processing your application accurately.
  3. Date of Forfeiture/Revocation: Enter the date when your entity was forfeited or revoked. If you’re unsure of the date, you can verify it by contacting the Secretary of State.
  4. Certified Statements: Read the statements in this section carefully. By signing the application, you certify that the information provided is true. Be aware that providing false information can have serious legal consequences.
  5. Tax Clearance: Attach a tax clearance letter from the Texas Comptroller of Public Accounts. This letter confirms that all franchise tax liabilities have been satisfied.
  6. Execution: Sign the application. Ensure that the person signing is authorized to request the reinstatement based on the entity type.
  7. Payment and Delivery Instructions: Include the appropriate filing fee of $75, or confirm that your entity is a nonprofit corporation, which has no fee. Payments can be made via check, money order, or credit card. Submit the completed form in duplicate, along with the payment, to the designated address.

Once you have filled out the form and gathered the necessary documentation, it’s time to submit everything. Keep a copy of your submission for your records, as it may be useful for future reference. If you have any questions during this process, don’t hesitate to reach out to the appropriate authorities for assistance.

Common mistakes

Filling out the 801 Texas form can be a straightforward process, but many people stumble due to common mistakes. One frequent error is failing to provide the correct entity name. It’s essential to use the legal name as stated in the entity's certificate of formation. If the entity is foreign and registered under a different name, that name must also be included. Omitting or miswriting this information can lead to delays or even rejection of the application.

Another mistake is not including the Secretary of State file number. This number helps the processing team identify the correct entity quickly. Without it, your application may be misfiled or lost in the shuffle. Always double-check this number before submission.

People often overlook the date of forfeiture or revocation. Providing an incorrect date can create confusion and may require additional verification. If you’re unsure of the date, it’s wise to contact the Secretary of State’s office for clarification before filling out the form.

Some applicants forget to attach the tax clearance letter. This letter is crucial as it confirms that all franchise tax liabilities have been satisfied. Without it, your application will not be processed. Be proactive and obtain this letter from the Texas Comptroller’s office before you submit the form.

Another common pitfall is signing the application without ensuring that the signer is authorized to do so. Only specific individuals, such as shareholders or officers at the time of forfeiture, can submit the application. If someone unauthorized signs, it can invalidate the entire application.

People sometimes neglect to read the certified statements carefully. By signing the application, you are certifying that the information is accurate. Misrepresenting any information can lead to serious legal consequences, including felony charges.

Additionally, applicants may fail to pay the correct filing fee. The fee is $75 for most entities, but nonprofit corporations are exempt. Make sure to check the requirements and include the payment to avoid processing delays.

Many individuals also forget to submit the form in duplicate. The Secretary of State requires two copies for processing. If you send only one, your application could be delayed or returned.

Lastly, failing to update the registered agent and office information can lead to complications. This form does not serve to update those details; a separate filing is necessary. Ensure that all your entity information is current to avoid any issues during the reinstatement process.

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