801 Texas Form in PDF

Detailed Guide for Writing 801 Texas

After a business faces tax forfeiture, it’s critical to know the steps necessary for reinstatement. The key to a successful reinstatement process involves careful preparation and attention to detail. The form 801, Application for Reinstatement and Request to Set Aside Tax Forfeiture, is your gateway to resurrecting your business' good standing with the State of Texas. Below, you'll find a straightforward guide on how to fill it out. Remember, accuracy is paramount, as any error might delay the process.

1. Start with the Entity Name: Enter the legal name of your entity exactly as it was registered. If it operated under a different name in Texas, include this as the assumed name.
2. Input the Secretary of State File Number: This unique number was assigned to your entity upon initial registration and can speed up the review process.
3. Fill in the Date of Forfeiture/Revocation: Accurately provide the date on which the forfeiture or revocation occurred. If unsure, contact the secretary of state’s office for verification.
4. Address the Certified Statements: Carefully read and understand the statements you're certifying to ensure all information you provide is accurate and truthful. This section does not require notarization but does hold legal weight.
5. Attach a Tax Clearance Letter: Secure and include a tax clearance letter from the Texas Comptroller of Public Accounts. This is a testament that all due taxes, penalties, and interest have been paid.
6. Ensure the Execution segment is signed: The form must be signed by an individual authorized to request the reinstatement, as outlined in the form's instructions.
7. Review and Include any Additional Required Documentation: This can include a letter of consent or an amendment document if your entity name has changed or is no longer available.
8. Conclude with the Payment and Delivery instructions: Pay the required filing fee via the acceptable methods. Submit the form in duplicate, alongside the filing fee, and any supplementary documents.

To complete the reinstatement process, mail, fax, or personally deliver the documents as directed. The processing of your application will culminate in the return of a file-stamped copy of your submission, confirming your reinstatement, provided that a duplicate was given as required.

What is the purpose of Form 801 in Texas?

Form 801, known as the Application for Reinstatement and Request to Set Aside Tax Forfeiture, is a crucial document for domestic or foreign filing entities looking to reverse a forfeiture or revocation by the Texas Secretary of State under chapter 171 of the Tax Code. It's the final step for entities aiming to be reinstated after failing to comply with tax obligations.

Who can file Form 801?

An application for reinstatement via Form 801 can be submitted by certain individuals depending on the type of entity in question:

• For-profit or professional corporations: Any shareholder, director, or officer at the time of forfeiture.
• Professional associations: Any shareholder, member, director, or officer at the time of forfeiture.
• Nonprofit corporations: Any director, officer, or member at the time of forfeiture.
• Limited liability companies: Any member or manager at the time of forfeiture.
• Limited partnerships: Any partner at the time of forfeiture.
• Statutory or business trusts: Any trustee or beneficial owner at the time of forfeiture.

What pre-requisites must be fulfilled before filing Form 801?

Before filing Form 801, the entity seeking reinstatement must ensure that:

1. All delinquent reports required by chapter 171 have been filed with the comptroller of public accounts.
2. Any taxes, penalties, and interest imposed by the Tax Code and due at the time of the request to set aside forfeiture have been paid in full.

When can an entity file Form 801?

An entity can submit Form 801 for reinstatement at any time after its forfeiture, provided the entity would have continued to exist otherwise.

Can Form 801 be used for all types of entity terminations?

No, Form 801 should not be used if:

• The entity was voluntarily terminated. In this case, Form 811 is more appropriate.
• The existence or registration of the entity was terminated or revoked by the secretary of state for reasons other than tax forfeiture.
• The entity was terminated or revoked by a court order.

How does one update registered agent and office information?

Updating registered agent and office information cannot be done through tax filings or the application for reinstatement. Separate filings are required for such updates, specifically through Form 401.

What information and documentation are required on Form 801?

Form 801 requires the following essential information and documents:

• The legal name of the entity and, if applicable, the assumed name under which it was registered.
• The Secretary of State File Number to ensure accurate processing.
• The date of forfeiture or revocation.
• Verification that delinquent reports have been filed and dues have been cleared, evidenced by an attached tax clearance letter.

Is there a filing fee for Form 801?

Yes, there is a filing fee of $75 for submitting an application for reinstatement using Form 801, except for nonprofit corporations, which are exempt from this fee following a tax forfeiture.

How can one obtain a tax clearance letter required for Form 801?

To acquire a tax clearance letter stating that all franchise tax liabilities have been satisfied, contact the Texas Comptroller of Public Accounts. This letter is necessary for reinstatement and must accompany the Form 801 application.

Where should Form 801 be submitted?

Completed Form 801, along with the required filing fee and any additional required documentation, should be submitted in duplicate to the Secretary of State at P.O. Box 13697, Austin, TX 78711-3697. It can also be faxed or delivered personally to specified addresses.

When filling out Form 801 in Texas, the Application for Reinstatement and Request to Set Aside Tax Forfeiture, individuals often encounter stages that may lead to mistakes if not carefully managed. These mistakes can delay the reinstatement process or even complicate legal standings. Recognizing and avoiding these common errors can streamline the process, ensuring that entities swiftly regain their compliant standing.

1. Failing to Submit Delinquent Reports Beforehand: A crucial step that is often overlooked is the requirement to file all delinquent reports required by Chapter 171 of the Tax Code before submitting Form 801. Neglecting to do this can lead to the immediate rejection of the reinstatement application.
2. Inaccurate Entity Name or File Number: The legal name of the entity and the secretary of state file number must be accurately provided. This information is critical for processing and ensuring that the correct entity is identified for reinstatement. Errors here can misdirect or delay the application process.
3. Overlooking the Tax Clearance: The application must be accompanied by a tax clearance letter from the Texas Comptroller of Public Accounts, confirming all franchise tax liabilities are satisfied. Failure to include this letter invalidates the request, as it evidences the entity’s eligibility for reinstatement.
4. Misunderstanding Authorizations: Only certain individuals connected to the forfeited entity at the time of forfeiture or revocation are authorized to submit the reinstatement application. These include shareholders, directors, officers, members, managers, partners, trustees, or beneficial owners, depending on the entity type. Misrepresentation of one's capacity to apply can lead to legal consequences and the rejection of the application.

Given these potential stumbling blocks, entities are encouraged to proceed with thoroughness and consider consulting a legal professional. This attention to detail will help ensure that the path to reinstatement is smooth and successful.

Understanding the paperwork required for legal and tax purposes can sometimes feel like deciphering a complex puzzle. The Form 801 in Texas serves a unique purpose in the administrative revival of entities that faced forfeiture due to tax delinquencies. This critical step allows businesses to regain good standing under the law. However, navigating the path to reinstatement isn't limited to the submission of Form 801 alone. Additional documentation often accompanies this form, acting as integral pieces of the reinstatement puzzle. Each document plays its own role in ensuring that the entity meets all legal and statutory requirements for a successful reinstatement.

• Comptroller of Public Accounts Tax Clearance Letter: This is a prerequisite for reinstatement, confirming that all due taxes, penalties, and interests owed by the entity have been paid. It's a seal of approval from the Texas Comptroller of Public Accounts, indicating that the entity is financially cleared to resume its operations legally.
• Letter of Consent or Amendment to Certificate of Formation or Registration: In cases where the original entity name is no longer available, this documentation is required. It might involve changing the entity's name to comply with current availability or acquiring consent to use a name that's similar to another entity's.
• Form 401—General Information (Change of Registered Agent/Office): Since Form 801 cannot be used to update the entity's registered agent and office information, Form 401 is necessary for entities needing to make such updates. It specifically caters to the need to maintain current and accurate information about the entity's registered agent and registered office with the secretary of state.
• Delinquent Reports: Although not a form per se, any delinquent reports required under Chapter 171 of the Texas Tax Code must be filed with the comptroller of public accounts. These reports are part of the documentation proving compliance with tax obligations, a precondition for reinstatement consideration alongside Form 801.

In essence, while the Form 801 is fundamental for entities seeking reinstatement after tax forfeiture in Texas, it does not act in isolation. The additional documents—tax clearance, amendments for name availability, changes in registered agent or office information, and filing of any delinquent reports—each fulfill essential criteria for a completely successful reinstatement process. Together, they weave a comprehensive narrative of compliance and readiness to return to good standing under Texas law.

The 801 Texas Form shares similarities with Form 811 (Application for Voluntary Termination), primarily in its function to change the status of a business entity with the Texas Secretary of State. While the 801 Form is used for reinstating a business entity and requesting to set aside tax forfeiture, Form 811 is utilized when a business entity chooses to voluntarily terminate its existence. Both forms are crucial for the entities needing to update their legal status with the state, but they cater to different circumstances: reinstatement versus voluntary termination.

Similarly, Form 814 (Revocation of Voluntary Dissolution) is another document with a parallel purpose. This form is used when an entity that has previously elected to dissolve wishes to reverse that decision and continue its existence. Like the 801 Form, which assists entities in reversing involuntary dissolution due to tax forfeiture, Form 814 provides a pathway for entities to retract a dissolution decision, albeit one that was voluntarily decided. Both require interfacing with the state to update the entity's status and ensure compliance with state laws.

Form 401 (Change of Registered Agent/Office) is aligned with the 801 Form in that it is part of the broader category of filings required for business entities to maintain accurate and current information with the Texas Secretary of State. While the 801 Form focuses on reinstatement and the setting aside of a tax forfeiture, Form 401 is specifically designed for entities looking to update their registered agent or office information. Despite these different objectives, both forms are integral for a business's compliance and operational existence within the state.

The tax clearance letter, required as part of the application process for Form 801, is a document that stands on its own but is inherently linked to the process of reinstatement. This letter, proving that the entity has satisfied all franchise tax liabilities, is crucial for an entity's reinstatement. Although not a form per se, the necessity of obtaining this letter parallels the submission of other documents, underlining the theme of compliance with state tax laws as a precondition for continuing or altering a business's legal status.

Form 807 (Credit Card Authorization Form) is indirectly related to the process involving Form 801 by providing a method of payment for the application fee and any additional filings that may be required. While Form 807 is primarily a payment tool, its connection to Form 801 and similar documents is indispensable, enabling the processing of reinstatement applications and other changes to an entity's status through the convenience of credit card payments. This exemplifies how logistical and administrative requirements interlock to facilitate the legal procedures businesses must navigate.

When filling out the 801 Texas Form, also known as the Application for Reinstatement and Request to Set Aside Tax Forfeiture, it is important to adhere to the following guidelines:

• Ensure that all delinquent reports required by chapter 171 of the Tax Code have been filed with the comptroller of public accounts before submitting the form.
• Confirm payment of all taxes, penalties, and interest imposed by the Tax Code and due at the time of the request to set aside the forfeiture.
• Do not use this form if the entity was voluntarily terminated, terminated, or revoked by court order, or terminated for reasons other than tax forfeiture.
• Provide the entity's legal name as stated in its certificate of formation or registration accurately in Item 1.
• Include the secretary of state file number in Item 2 to facilitate processing and ensure correct reinstatement.
• Confirm the date of forfeiture or revocation and provide it in Item 3.
• Understand that while the form need not be notarized, signing the application certifies adherence to the statements in Item 4 under penalty of law for false or fraudulent documents.
• Attach a tax clearance letter from the Texas Comptroller of Public Accounts, indicating all franchise tax liabilities have been satisfied.
• Ensure the application is signed by a person authorized to request the reinstatement of the forfeited entity, as specified in the form's instructions.
• Include the correct filing fee with the form, observing the $75 fee or no fee for nonprofit corporations, and ensure any payments by check or money order are made payable through a U.S. bank or financial institution.

Additionally, here are actions to avoid:

• Do not attempt to update the registered agent and office information through tax filings or the reinstatement application; a separate form is required for these updates.
• Avoid using the form if the entity's termination was not due to tax forfeiture.
• Do not submit the form without first obtaining a tax clearance letter.
• Avoid providing false or misleading information which could result in felony charges under section 171.363 of the Tax Code.
• Do not disregard the requirement for additional documentation if the entity name is no longer available.
• Do not neglect the need to submit the form in duplicate along with the filing fee and any additional required documentation.
• Avoid delaying the reinstatement process by failing to contact the Comptroller for assistance in complying with franchise tax filing requirements.
• Do not submit payment methods not accepted by the secretary of state.
• Avoid sending the form to an incorrect address, ensuring it is mailed or faxed to the designated address or number.
• Do not forget to include a letter of consent or an amendment to the certificate of formation or registration when the entity name has changed or is no longer available.

When it comes to navigating the legal requirements for businesses, it's easy to encounter misunderstandings, especially with complex documents like the Form 801 in Texas. Let's debunk some common misconceptions about this form:

• Form 801 can be used for any type of entity reinstatement. This is incorrect. Form 801 is specifically designed for the reinstatement of domestic or foreign filing entities that have been forfeited or revoked by the secretary of state under chapter 171, Tax Code. If an entity was voluntarily terminated, terminated or revoked for reasons other than tax forfeiture, or terminated by court order, different forms are required.
• Submitting Form 801 is the sole step for reinstatement. Actually, before submitting Form 801, the entity must file all delinquent reports required by chapter 171 and pay any tax, penalty, and interest owed. Merely submitting the form without these prerequisites will not result in reinstatement.
• Any changes to registered agent or office details can be updated via Form 801. This is a common misunderstanding. While reinstating an entity through Form 801, any updates to the registered agent or office must be made through a separate filing, specifically Form 401. Form 801 does not cover these updates.
• A notary is required for Form 801. This form does not need to be notarized. By signing the application for reinstatement, the individual certifies the truthfulness of the information provided within the form. It’s crucial to ensure the accuracy of this information, as providing false details can lead to serious legal penalties, including a third-degree felony under section 171.363 of the Tax Code.

Understanding the specifics and requirements of Form 801 is vital for any entity looking to be reinstated in Texas. Incorrect assumptions or errors in the application process can delay or even prevent reinstatement, impacting the entity's legal standing and ability to operate within the state.

The Form 801, officially known as the "Application for Reinstatement and Request to Set Aside Tax Forfeiture," plays a crucial role for entities looking to correct a forfeited status due to tax issues in Texas. Understanding its contents, requirements, and the steps for accurately completing and submitting this document is essential for successful reinstatement. Here are ten key takeaways from the details provided in the form and its accompanying instructions:

• The purpose of Form 801 is to assist in the reinstatement of both domestic and foreign filing entities that have experienced tax forfeiture under chapter 171 of the Tax Code.
• It is important to note that Form 801 should not be used for entities that voluntarily terminated their existence or were terminated for reasons other than tax forfeiture. Alternatives exist for these situations, such as Form 811 or Form 814.
• There is no deadline for submitting a request to set aside forfeiture, but the entity must meet the conditions that would have otherwise allowed its continued existence.
• The application for reinstatement requires that all delinquent tax reports be filed and any owed tax, penalty, and interest be paid prior to submission.
• Only certain individuals associated with the entity at the time of forfeiture, such as shareholders, directors, officers, members, managers, partners, trustees, or beneficial owners, are authorized to submit the application.
• Updating the entity's registered agent and office information cannot be accomplished with this form or through tax filings, necessitating a separate form (Form 401) for these updates.
• To ensure the reinstatement request is processed efficiently, it is recommended to include the entity's Secretary of State File Number and the exact date of forfeiture or revocation.
• A tax clearance letter from the Texas Comptroller of Public Accounts confirming the settlement of all franchise tax liabilities is required for reinstatement.
• The filing fee for an application for reinstatement is $75, except for nonprofit corporations, which are exempt from this fee. Payments can be made via various methods, including credit cards, which incur a nominal convenience fee.
• When submitting Form 801, ensure it is completed in duplicate and includes any necessary additional documentation or fees for related filings. The submission can be made via mail, fax, or in person, with specified contact details for the Secretary of State.

Understanding these key aspects of the Form 801 can streamline the process of reinstating an entity after a tax forfeiture, ensuring that all legal and financial obligations are met in accordance with the Texas Secretary of State and the Texas Comptroller of Public Accounts.