Contents
Form Example
Request for Certificate of Account Status to
Terminate a Taxable Entity’s Existence in Texas or Registration
An entity that intends to terminate its legal existence or registration must satisfy filing requirements for all taxes administered by the Comptroller under Title 2 of the Texas Tax Code. In addition, all accounts for those taxes must be closed. To determine if the entity is current in tax requirements, or to close any open tax accounts, call us at
Section A - Entity Information
Entity’s legal name
Taxpayer number
File number (from the Texas Secretary of State)
1. Is the entity a member of an affiliated group that will be required to file a combined report? |
YES |
If “YES,” enter the following information for the entity that will report on your behalf. If “NO,” skip to Section B.
Legal name of reporting entityTexas taxpayer number / FEI number
2. Is the entity’s accounting year begin date on or after the combined group’s accounting year |
|
begin date on its franchise tax report? |
YES |
If “YES,” this entity’s information must be included in the combined group report. If “NO,” enter the following information:
NO
NO
This entity’s |
month |
day |
year |
|
accounting year |
||||
|
|
|
begin date............................................
The day before the combined |
month |
day |
year |
group’s accounting year |
|
|
|
begin date............................................
Section B - Texas Entity - If the entity was formed in Texas, indicate the filing for which the certificate is required.
Termination
Merger
Entity conversion
Section C -
1. Is the entity still conducting business in Texas? ..........................................................................................................................
month |
day |
year |
YES
NO
2.If “NO,” enter the entity’s last day of business in Texas ........................................... 
3.Does the entity currently have an active charter in its home state?............................................................................................
4.If “NO,” indicate the type and date of termination:
month |
day |
year |
Termination effective date ......................... 
YES
NO
Merger effective date.................................
Entity conversion effective date.................
Name of survivor_______________________________________
NOTE: If the home state charter has been terminated, home state documentation must be included. The home state documentation must bear the seal of the appropriate filing agency and the effective date of the filing.
Section D - Receiving Your Certificate
Does this entity have a forfeited certificate or registration that needs to be reinstated before ending its existence |
|
or registration in Texas? |
YES |
Please indicate how you would like to receive your certificate:
NO
|
FAX number |
Telephone number |
FAX |
(area code and number)________________________________ (area code and number) ___________________________________ |
|
Email address ______________________________________________________________________________________________ |
||
Mailing address ______________________________________ City _____________________ State _______ ZIP code __________ |
||
You can file documents online with the Secretary of State using SOSDirect at www.sos.state.tx.us/corp/sosda/index.shtml.
Your account will be reviewed to determine eligibility. If eligible, a certificate will be sent using the format selected. If not eligible, we will notify you in writing what is required to be eligible. All requests are processed in the order they are received regardless of the format you select. Assistance is also available at your local field office. Field office locations are available online at www.comptroller.texas.gov/about/contact/locations.php.
Your name (Please type or print)
Phone number and extension
Authorized agent
Visit us online at www.comptroller.texas.gov/taxes/franchise/
or call
Mail to: Comptroller of Public Accounts P.O. Box 149348
Austin, TX
Under Ch. 559, Government Code, you are entitled to review, request and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at the address or phone number listed on this form.
More PDF Templates
Texas 5506 Nar - Clear and legible handwriting is required on the form to avoid miscommunication.
How Long Does a Ticket Stay on Your Record in Texas - Consent from the individual whose record is requested is often necessary.
Common mistakes
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Missing Required Information: One common mistake is not providing all the necessary details. Ensure that you fill in the entity’s legal name, taxpayer number, and file number from the Texas Secretary of State. Omitting any of these can delay your request.
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Incorrect Answers to Questions: It’s essential to read each question carefully. For example, if your entity is part of a combined group, you must answer “YES” and provide the reporting entity's information. Misunderstanding these questions can lead to incorrect submissions.
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Failure to Close Open Tax Accounts: Before submitting the form, ensure that all tax accounts are closed. If there are any outstanding taxes, the request may not be processed. Contact the Comptroller’s office if you're unsure about your status.
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Choosing the Wrong Delivery Method: When indicating how to receive your certificate, be specific. Whether you prefer fax, email, or mail, make sure to provide the correct information. An error here can result in delays in receiving your certificate.
Key takeaways
Filling out and using the Texas Form 05-359 is an important step for entities looking to terminate their legal existence or registration. Here are key takeaways to keep in mind:
- Purpose of the Form: This form is specifically for requesting a certificate of account status to terminate a taxable entity's existence in Texas.
- Tax Compliance: Ensure that all taxes administered by the Comptroller are filed and paid before submitting this form.
- Account Closure: All tax accounts must be closed prior to requesting the certificate. This is crucial for compliance.
- Contact Information: For questions about your tax status, you can call 1-800-252-1381 or 512-463-4600 for assistance.
- Entity Information: Provide accurate details about the entity, including its legal name, taxpayer number, and file number from the Texas Secretary of State.
- Affiliated Groups: If the entity is part of a combined group, you must provide additional information about the reporting entity.
- Non-Texas Entities: If the entity was formed outside Texas, specific questions regarding its business activities in Texas must be answered.
- Receiving the Certificate: Indicate how you would like to receive your certificate, whether by fax, email, or mail.
- Documentation: If the entity's home state charter has been terminated, include the necessary documentation with your application.
- Online Filing: You can file documents online through SOSDirect, which may expedite the process.
Completing this form accurately and thoroughly is vital for a smooth termination process. Always keep a copy of your submission for your records.
Steps to Using 5 359 Texas
Completing the 5 359 Texas form is an essential step for entities wishing to terminate their legal existence or registration in Texas. Following the steps outlined below will help ensure that the form is filled out correctly and submitted without issues.
- Begin with Section A - Entity Information. Enter the entity’s legal name, taxpayer number, and file number from the Texas Secretary of State.
- Answer the first question regarding membership in an affiliated group. If “YES,” provide the legal name and taxpayer number of the reporting entity. If “NO,” proceed to the next question.
- For the second question, indicate whether the entity’s accounting year begin date is on or after the combined group’s accounting year begin date. If “NO,” enter the entity’s accounting year begin date and the date before the combined group’s accounting year begin date.
- Move to Section B. If the entity was formed in Texas, indicate the filing type required for the certificate: Termination, Merger, or Entity conversion.
- For Section C, if the entity was formed outside of Texas, answer whether the entity is still conducting business in Texas. If “NO,” provide the last day of business in Texas.
- Continue in Section C by answering if the entity currently has an active charter in its home state. If “NO,” indicate the type and date of termination.
- In Section D, check if the entity has a forfeited certificate or registration that needs reinstatement. If “YES,” indicate how you would like to receive your certificate (FAX, .PDF, or Mail) and provide the necessary contact information.
- Lastly, fill in your name, phone number, and extension as the authorized agent. Ensure all sections are completed accurately.
Once the form is filled out, it should be submitted to the Comptroller of Public Accounts at the address provided on the form. Make sure to keep a copy for your records. If you have questions or need assistance, you can reach out to the provided phone numbers or visit the relevant websites for more information.