Blank 801 Texas PDF Form

What is Form 801 in Texas?

Form 801 is an application used for reinstating a domestic or foreign filing entity that has been forfeited or revoked by the Secretary of State under Chapter 171 of the Texas Tax Code. This form also requests to set aside the tax forfeiture. It is crucial to meet certain filing requirements before submitting this form, such as paying any outstanding taxes, penalties, and interest.

Who can submit Form 801?

The individuals authorized to submit Form 801 vary based on the type of entity. For-profit or professional corporations allow shareholders, directors, or officers at the time of forfeiture to apply. Nonprofit corporations permit directors, officers, or members, while limited liability companies allow members or managers. Limited partnerships require partners, and statutory or business trusts need trustees or beneficial owners to submit the application.

What steps must be taken before submitting Form 801?

Before filing Form 801, the entity must complete two essential steps. First, all delinquent reports required by Chapter 171 must be filed with the Comptroller of Public Accounts. Second, the entity must pay any taxes, penalties, and interest due at the time of the reinstatement request. This ensures compliance with the Texas Tax Code.

Can I use Form 801 if my entity was voluntarily terminated?

No, Form 801 is not applicable if the entity was voluntarily terminated. In such cases, you should refer to Form 811 instead. This form is specifically designed for entities that wish to formally terminate their existence.

What happens if my entity name is no longer available?

If the name of your entity is no longer available for reinstatement, you must provide a letter of consent or an amendment to your entity’s formation document. This additional documentation is necessary to proceed with the reinstatement process under a different name.

How much does it cost to file Form 801?

The filing fee for Form 801 is $75, unless the entity is a nonprofit corporation, which does not incur any fees for reinstatement following a tax forfeiture. Payment can be made via personal checks, money orders, or credit cards, with a convenience fee of 2.7 percent applied to credit card transactions.

What is the time frame for reinstatement?

A request to set aside forfeiture can be submitted at any time after the forfeiture has occurred, as long as the entity would otherwise have continued to exist. This flexibility allows entities to reinstate themselves even after a considerable period of forfeiture.

Do I need to update my registered agent information when filing Form 801?

Form 801 cannot be used to update registered agent or office information. If you need to make changes to your registered agent or office, you must file an additional form, specifically Form 401, to ensure that your records are accurate and up to date.

What documentation is required to accompany Form 801?

When submitting Form 801, it is essential to include a tax clearance letter from the Texas Comptroller of Public Accounts. This letter confirms that all franchise tax liabilities have been satisfied. Additionally, if your entity name is not available, include a letter of consent or an amendment to the formation document.

1. Incorrect Entity Name: Many individuals fail to provide the legal name of the entity as stated in its certificate of formation. This oversight can lead to processing delays or rejection of the application.

2. Missing Secretary of State File Number: Not including the file number assigned by the secretary of state can complicate the processing of the application. It is advisable to double-check that this number is accurately provided.

3. Wrong Date of Forfeiture: Some applicants mistakenly enter the wrong date of forfeiture or revocation. If unsure, it’s essential to verify this date by contacting the secretary of state.

4. Failure to Certify Statements: Although notarization is not required, applicants often overlook the importance of carefully reading and certifying the statements in item 4. This can lead to unintended legal consequences.

5. Neglecting Tax Clearance: A common mistake is submitting the application without the necessary tax clearance letter from the Texas Comptroller. This letter confirms that all franchise tax liabilities have been satisfied.

6. Unauthorized Signatures: Only individuals authorized to apply for reinstatement should sign the application. Using an unauthorized person’s signature can invalidate the application.

7. Incorrect Payment Method: Applicants sometimes fail to follow the specific payment instructions. It is crucial to ensure that the payment method aligns with the guidelines provided, including the correct fee amount.

8. Improper Submission: Some people do not submit the application in duplicate, which is a requirement. Not following this guideline can result in processing delays.

9. Outdated Registered Agent Information: Individuals often forget to update their registered agent and office information. This form does not serve as a means to update that information, which requires a separate filing.

When navigating the process of reinstating a forfeited entity in Texas, several additional forms and documents may be necessary to ensure compliance with state regulations. Each of these documents serves a specific purpose and can facilitate the reinstatement process. Here is a list of commonly used forms that accompany Form 801:

• Form 811—Application for Voluntary Termination: This form is utilized when an entity wishes to voluntarily dissolve its existence. It is essential to file this form if the entity has chosen to terminate its registration rather than seeking reinstatement.
• Form 814—Application for Revocation of Registration: Entities that have been revoked for reasons other than tax forfeiture will need to complete this form. It serves as a formal request to revoke the entity's registration with the state.
• Form 401—Certificate of Formation: This document is crucial for updating the registered agent and office information. Any changes to these details require a separate filing using this form, ensuring that the entity's information remains current and accurate.
• Tax Clearance Letter: Obtained from the Texas Comptroller of Public Accounts, this letter confirms that all franchise tax liabilities have been satisfied. It is a mandatory requirement for the reinstatement process.
• Letter of Consent: If the entity’s name is no longer available due to similarity with another registered entity, a letter of consent from the existing entity is required. This document allows the reinstating entity to continue using its name.
• Amendment to Certificate of Formation: In cases where the entity's name has changed or needs to be amended, this form must be filed. It is necessary when the reinstatement application is submitted alongside a name change.
• Form 807—Credit Card Payment Form: If filing fees are paid via credit card, this form must accompany the submission. It provides the necessary information for processing the payment securely.
• Form 802—Certificate of Good Standing: While not always required, this document can be beneficial. It verifies that the entity is in good standing with the state and has complied with all necessary filings and fees.

Understanding these forms and their purposes can greatly streamline the reinstatement process for entities in Texas. Each document plays a vital role in ensuring compliance and facilitating a smoother path to reinstatement. It is advisable to review each requirement carefully and seek assistance if needed, as proper adherence to these guidelines is crucial for a successful outcome.

The Texas Form 801 serves a specific purpose in the reinstatement of entities that have faced tax forfeiture. Several other forms share similarities with Form 801 in terms of function, requirements, or the context in which they are used. Below is a list of seven documents that are comparable to Form 801:

• Form 811: Application for Voluntary Termination - This form is used when an entity chooses to voluntarily terminate its existence. While Form 801 is for reinstatement after forfeiture, Form 811 addresses the opposite situation.
• Form 814: Application for Revocation of Registration - Similar to Form 801, this form is used when an entity's registration is revoked for reasons other than tax forfeiture. It outlines the process for formal revocation, contrasting with the reinstatement focus of Form 801.
• Form 401: Certificate of Formation - This form is essential for establishing a business entity in Texas. While Form 801 is for reinstatement, Form 401 is the initial step for forming an entity, highlighting the lifecycle of business registration.
• Form 807: Credit Card Payment Form - This form is utilized for processing credit card payments related to various filings, including those associated with Form 801. It ensures that the payment process is streamlined for reinstatement applications.
• Form 502: Annual Franchise Tax Report - Required for all entities, this form must be filed to maintain good standing. Form 801 requires that all delinquent reports be filed, linking it directly to the responsibilities outlined in Form 502.
• Form 802: Application for Certificate of Account Status - This document is necessary for confirming that an entity has met all tax obligations. A tax clearance letter, which is part of the Form 801 process, is essentially derived from the information in Form 802.
• Form 803: Application for Reinstatement of a Foreign Entity - This form is specifically for foreign entities seeking reinstatement after forfeiture. Like Form 801, it addresses the reinstatement process but is tailored to entities registered outside Texas.

When filling out the 801 Texas form, it's important to follow specific guidelines to ensure your application is processed smoothly. Here are four things you should and shouldn't do:

• Do provide the legal name of the entity as it appears in its certificate of formation or registration.
• Do ensure that all delinquent reports are filed and that all taxes, penalties, and interest are paid before submitting the form.
• Do include the Secretary of State file number to facilitate processing.
• Do read the certified statements carefully before signing the application.

• Don't use this form if the entity was voluntarily terminated or revoked for reasons other than tax forfeiture.
• Don't submit the application without a tax clearance letter from the Texas Comptroller of Public Accounts.
• Don't forget to sign the application; it must be signed by an authorized person.
• Don't assume that submitting this form updates your registered agent or office information; a separate filing is required for that.

Misconceptions about the Texas Form 801 can lead to confusion and delays in the reinstatement process. Here are nine common misunderstandings:

• Form 801 can be used for any type of termination. This is incorrect. Form 801 is specifically for entities that have been forfeited due to tax issues, not for those voluntarily terminated or revoked for other reasons.
• All entities can apply for reinstatement at any time. While the request can be submitted anytime after forfeiture, the entity must still be eligible to exist. If it was dissolved, reinstatement may not be possible.
• Filing Form 801 updates registered agent information. This is a misconception. Form 801 does not serve to update registered agent or office information. A separate filing is required for that purpose.
• The application does not require any supporting documents. In fact, a tax clearance letter from the Texas Comptroller is necessary to show that all tax obligations have been met before reinstatement can occur.
• There is no fee for filing Form 801. This is misleading. A $75 fee is required for most entities, except for nonprofit corporations, which can file for free.
• Only the entity's owner can submit the application. This is not true. Various authorized individuals, such as officers or directors, can submit the application depending on the entity type.
• Form 801 can be submitted without verifying the forfeiture date. It's crucial to provide the correct forfeiture date. If unsure, verification can be obtained from the Secretary of State.
• Entities can use any name when filing for reinstatement. This is incorrect. The name must be available and not similar to any existing entity. If it is not available, additional documentation is required.
• Signing the application is just a formality. Signing the application carries legal weight. It certifies that the information provided is accurate, and false statements can lead to serious penalties.

Understanding these misconceptions can help ensure a smoother process for reinstating an entity in Texas.

Filling out and using the 801 Texas form requires careful attention to detail. Here are some key takeaways to keep in mind:

• Eligibility for Reinstatement: This form is only for entities that have been forfeited or revoked due to tax issues. Do not use it if the entity was voluntarily terminated or revoked for other reasons.
• Delinquent Reports: Before submitting the form, ensure that all required delinquent reports are filed and that any owed taxes, penalties, and interest are paid.
• Authorized Submitters: Only specific individuals, such as shareholders or directors, are authorized to submit the application for reinstatement. Verify your eligibility before proceeding.
• Tax Clearance Letter: A tax clearance letter from the Texas Comptroller is mandatory. This letter confirms that all franchise tax liabilities are settled.
• Accurate Information: Fill out the form with precise details, including the entity name and the date of forfeiture. Incorrect information can lead to delays or denials.
• Payment Details: The filing fee is $75, except for nonprofit corporations. Ensure payment methods comply with the guidelines, and submit the form in duplicate.

Following these guidelines will help streamline the reinstatement process and minimize potential issues.