Contents
Form Example
Form
(Application for Reinstatement and Request to Set Aside Tax Forfeiture)
The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.
Commentary
This form may be used to complete the final step for reinstating a domestic or foreign filing entity that has been forfeited or revoked by the secretary of state under chapter 171, Tax Code. Before submitting this form, an entity seeking reinstatement must: (1) file with the comptroller of public accounts each delinquent report that is required by chapter 171; and (2) pay the tax, penalty, and interest imposed by the Tax Code and due at the time the request to set aside forfeiture is made.
Do Not Use This Form If:
ｸThe entity was voluntarily terminated. See Form 811.
ｸThe existence or registration was terminated or revoked by the secretary of state for a reason other than tax forfeiture. See Forms 811, 814.
ｸThe entity was terminated or revoked by court order.
ﾝ Time Frame for Reinstatement ﾝ
The request to set aside forfeiture may be submitted at any time after forfeiture so long as the entity would otherwise have continued to exist.
Persons Authorized to Submit Application for Reinstatement
ｸ
ｸProfessional association: shareholder, member, director, or officer at the time of forfeiture.
ｸNonprofit corporation: director, officer, or member at the time of forfeiture.
ｸLimited liability company: member or manager at the time of forfeiture.
ｸLimited partnership: partner at the time of forfeiture.
ｸStatutory or business trust: trustee or beneficial owner at the time of forfeiture.
Registered Agent & Office Updates
Filing entities must maintain accurate registered agent and office information on file with the secretary of state. Neither tax filings nor this application for reinstatement can be used to update the registered agent and office information; rather updates to the registered agent and office require an additional filing. See Form 401.
Instructions for Form
ｸItem
ｸEntity Name Availability: The reinstatement cannot be filed if the name of the entity is the same as, deceptively similar to, or similar to the name of any existing domestic or foreign filing entity, or
Form 801 |
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any name reservation or registration filed with the secretary of state. The administrative rules adopted for determining entity name availability (Texas Administrative Code, title 1, part 4, chapter 79, subchapter C) may be viewed at http://www.sos.state.tx.us/tac/index.shtml.
If the entity name is no longer available, the application for reinstatement must be accompanied by a letter of consent or an amendment to the entity’s formation document or registration, as applicable.
ｸItem
ｸItem
ｸItem
ｸTax Clearance: A certificate of reinstatement must be accompanied by a tax clearance letter from the Texas Comptroller of Public Accounts stating that the entity has satisfied all franchise tax liabilities and may be reinstated.
Contact the Comptroller for assistance in complying with franchise tax filing requirements and obtaining the necessary tax clearance letter. The Comptroller may be contacted by
ｸExecution: The application must be signed by a person who is authorized to apply for and request a reinstatement of the forfeited entity. (See “Persons Authorized to Apply” on page 1 of these instructions.)
ｸPayment and Delivery Instructions: The filing fee for an application for reinstatement is $75, unless the entity is a nonprofit corporation. There is no fee for filing the reinstatement of a nonprofit corporation following a tax forfeiture. Fees may be paid by personal checks, money orders, LegalEase debit cards, or American Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total fees.
Applicable fees for any additional filing that may be required as a condition for reinstatement (such as an amendment to change the entity’s name) must be submitted together with the appropriate filing.
Submit the completed form in duplicate along with the filing fee. The form may be mailed to P.O. Box 13697, Austin, Texas
Revised 05/11
Form 801 |
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Form 801 (Revised 05/11)
Submit in duplicate to: Secretary of State P.O. Box 13697 Austin, TX
512
Filing Fee: See instructions
This space reserved for office use.
Application for Reinstatement
And Request to Set Aside
Tax Forfeiture
1. The entity name is:
The entity is a foreign entity that was required to obtain its registration under a name that differs from the legal name stated above. The name under which the entity is registered is:
2.The file number issued to the entity by the secretary of state is:
3.The entity was forfeited or revoked under the provisions of the Tax Code on:
mm/dd/yyyy
4.The undersigned requests that the forfeiture or revocation of the entity be set aside, and certifies that:
a. The entity has filed each delinquent report that is required by chapter 171 of the Tax Code and has made payment for the tax, penalty, and interest imposed and that is due at the time of this application as evidenced by the attached tax clearance letter; and
b. On the date of forfeiture or revocation, the undersigned person was:
ｸ an officer, director or shareholder of the
ｸ an officer, director, or member of the
ｸ a partner of the
ｸ a trustee or beneficial owner of the
Additional Required Documentation or Filings
Comptroller of Public Accounts Tax Clearance Letter
Letter of Consent or Amendment to Certificate of Formation or Registration (Required when entity name
is no longer available.)
Execution
The undersigned declares under penalty of perjury, and the penalties imposed by law for the submission of a materially false or fraudulent instrument, that the undersigned is authorized to make this request; that the statements contained herein are true and correct, and that tax clearance was not obtained by providing false or fraudulent information.
Date:
BY:
Signature of authorized person (see instructions)
Printed or typed name of authorized person
Form 801 |
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More PDF Templates
Ut Austin Lsat - The secretary of state does not resolve private consent disputes.
Form 2947 - The form is a vital record for regulatory compliance and accountability.
Common mistakes
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Ignoring Name Availability: Failing to check if the entity name is available can lead to immediate rejection of the application. The name must not be the same as or deceptively similar to any existing entity.
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Missing Secretary of State File Number: Not providing the file number assigned by the Secretary of State can slow down processing. Always include this number to facilitate the reinstatement process.
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Incorrect Date of Forfeiture: Providing an incorrect date of forfeiture can create confusion. Double-check this date with the Secretary of State’s office if unsure.
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Not Certifying Statements: Failing to read and certify the statements in Item 4 can lead to legal repercussions. Sign only after understanding the implications of the certification.
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Omitting Tax Clearance Letter: Submitting the application without a tax clearance letter from the Texas Comptroller will result in rejection. Ensure this letter is attached to prove all tax liabilities are settled.
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Improper Payment Method: Using an incorrect payment method can delay processing. Be aware of the acceptable forms of payment and ensure the correct fee is submitted.
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Failing to Update Registered Agent Information: This form cannot be used to update registered agent details. Ensure to file a separate form for any updates to this information.
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Submitting Incomplete Forms: Incomplete applications will not be processed. Review the entire form to ensure all required fields are filled out completely before submission.
Key takeaways
Here are some key takeaways for filling out and using the 801 Texas form:
- Purpose of the Form: The 801 form is used to request reinstatement of a business entity that has been forfeited or revoked due to tax issues.
- Eligibility: Only entities that were forfeited for tax reasons can use this form. If an entity was voluntarily terminated or revoked for other reasons, different forms must be used.
- Delinquent Reports: Before submitting the 801 form, all required delinquent reports and tax payments must be completed and submitted to the comptroller.
- Authorized Signers: Only specific individuals, such as shareholders or directors, can submit the application based on the entity type.
- Entity Name: Ensure the entity name is available. If it’s similar to another entity, a letter of consent or an amendment is needed.
- Tax Clearance: A tax clearance letter from the Texas Comptroller is required to confirm all franchise tax obligations are satisfied.
- Filing Fee: There is a $75 fee for most entities, but nonprofits can file without a fee. Payment methods include checks and credit cards.
- Submission Methods: The completed form can be mailed, faxed, or delivered in person. Ensure to send it in duplicate.
- Signature Requirement: The application must be signed by an authorized person, certifying the accuracy of the information provided.
Steps to Using 801 Texas
Filling out the 801 Texas form is an important step in the process of reinstating a business entity that has been forfeited or revoked due to tax issues. After completing the form, you will need to submit it along with any required documentation and payment to the Secretary of State. Here’s how to fill it out step by step:
- Entity Name: Write the legal name of the entity as it appears in its certificate of formation or registration. If it’s a foreign entity, include the assumed name under which it was registered.
- Secretary of State File Number: Enter the file number assigned to the entity by the Secretary of State. This helps ensure accurate processing.
- Date of Forfeiture/Revocation: Provide the date when the entity was forfeited or revoked. If you’re unsure, you can verify this by contacting the Secretary of State.
- Certified Statements: Read the statements carefully. By signing the application, you certify that the information is true and correct. Be aware of the penalties for submitting false information.
- 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.
- Execution: Sign the application. Only an authorized person (like a shareholder or officer) can sign the form.
- Payment: Include the filing fee of $75 (or no fee if a nonprofit). Payments can be made via check, money order, or credit card, but ensure to include the necessary payment information if paying by fax.
- Submission: Submit the completed form in duplicate. You can mail it, fax it, or deliver it in person to the Secretary of State’s office.
After submitting the form, the Secretary of State will process your request. If everything is in order, you will receive confirmation of the reinstatement along with a file-stamped copy of your application.