The Texas Ap 168 form, officially known as the Texas Application for Customs Broker License, is a crucial document for individuals licensed by the United States Customs Service aiming to operate as customs brokers within Texas. It outlines the requirements for obtaining a Texas Customs Broker License, including the provision of a United States Customs Broker’s license and adherence to specific fee schedules and bond requirements. Ready to step into the role of a customs broker in Texas? Click the button below to begin filling out your form.
For professionals engaging in customs brokerage within Texas, the Texas Application for Customs Broker License, known as Form AP-168, serves as a critical step in legitimizing their operations. This application is specifically designed for individuals already holding a United States Customs Broker license, seeking to extend their capabilities to issue export certifications within Texas. By requiring a copy of the federal license, the form ensures applicants meet a baseline professional standard. The form notably outlines the roles and responsibilities of a Texas Customs Broker, including the necessity for a license per business location, and introduces the concept of an "Authorized Employee,” highlighting the need for direct control, regular compensation, and legal compliance in employee management. Fees associated with obtaining and maintaining the license are structured on a quarterly basis, with additional charges for bonds and stamps that facilitate the secure conduct of brokerage activities. Moreover, the form includes provisions for the renewal of licenses, ensuring brokers are annually up-to-date with their permissions to operate. There are also sections dedicated to the verification of the applicant's information, including details about business locations and the specific identification of authorized employees, emphasizing the importance of accuracy and transparency in the licensing process. Applicants are reminded to complete the form meticulously, with clear guidance provided for doing so effectively, and are informed of the legal implications of their agreement upon submitting the document. This emphasis on comprehensive and correct submissions underlines the document's role not just as a formality, but as a pivotal foundation for the lawful and efficient execution of customs brokerage in Texas.
Texas Application for Customs Broker License
General Information
Who May Submit This Application
If you have been licensed by the United States Customs Service, you may submit this application to receive your Texas Customs Broker License. You must include a copy of your United States Customs Broker’s license.
Definitions
United States Customs Broker - A person licensed by the United States Customs Service to act as a custom house broker.
Texas Customs Broker License - The license issued to the United States Customs Broker, to allow the broker to issue export certifications. A license is required for each business location.
Authorized Employee - “Authorized employee” means an employee of a customs broker:
(A)who is authorized by the broker to perform customs transactions on behalf of the broker;
(B)who is compensated by the broker with a regular salary or wages;
(C)who is under the direct control and supervision of the broker; and
(D)from whose salary or wages the broker is required to and actually does deduct and withhold a tax under federal law. Business Location - Each place of business of the broker where export certification forms are fully or partially prepared. Export Certification Stamp - Stamp that is affixed to the export certification form.
Broker Fees
Broker Annual License Fees (The Customs Broker License expires on December 31 of each calendar year).
License must be renewed on or before December 31 of each year.
Annual License Fee Schedule
1st Quarter (January - March)
$300.00
3rd Quarter (July - September)
$150.00
2nd Quarter (April - June)
$225.00
4th Quarter (October - December)
$ 75.00
NOTE: A license fee is due for each business location where export certifications will be issued.
Bond Fee
The amount of the bond or security required is $5,000. (The Comptroller may require Brokers to post additional $1,000 bond or security for each location, if the Comptroller considers it necessary to ensure payment of tax, penalty and fine amounts.)
Stamp Fee
The Comptroller shall charge $1.60 for each stamp.
For Assistance
If you have any questions about this application, or any other related matter, contact your nearest Texas State Comptroller’s office. You may also call (800) 252-5555 or (512) 463-4600. Spanish speaking assistance is available upon request.
General Instructions
•Please type or print.
•Do not separate pages.
•Fill in all blanks and answer all questions completely and fully.
•Completed application and payment (made payable to State Comptroller) should be mailed to:
Comptroller of Public Accounts
111 E. 17th St.
Austin, TX 78774-0100
NOTE: No export certifications may be issued until you provide a copy of your United States Customs Broker’s License, this application has been approved and your Texas Customs Broker License has been issued.
FEDERAL PRIVACY ACT - Disclosure of your Social Security number is required and authorized under law, for the purpose of tax administration and identification of any individual affected by applicable law, 42 U.S.C. 405(c)(2)(C)(i);Tex. Govt. Code 403.011 and 403.078. Release of information on this form in response to a public information request will be governed by the Public Information Act, Chapter 552, Government Code, and applicable federal law.
You have certain rights under Ch.559, Government Code, to request, review and correct information we have on file about you. Contact us at the address or phone numbers listed on this form.
AP-168-1 (Rev.8-11/5)
AP-168-2
(Rev.8-11/5)
Texas Application for
Customs Broker License
• Please read instructions.
• Type or print.
• Do NOT write in shaded areas.
Page 1
1.Licensed Customs Broker Agreement - The applicant, in consideration of the issuance of the Texas Customs Broker License, agrees and affirms:
a.that the applicant is a responsible Licensed Customs Broker issuing valid export certifications for merchandise being exported from the United States;
b.that the export certifications will not be used in a manner that violates a provision of the Tax Code or the Comptroller’s rules;
c.that a copy of the applicant’s United States Customs Broker’s license is provided to the Texas Comptroller of Public Accounts at the time of application;
d.that the Comptroller of Public Accounts may suspend or revoke a Texas Customs Broker’s license to issue export certifications under this section for good cause;
e.to properly document the issuance of export certifications and stamps, and to purchase new stamps as described in the Comptroller’s rules;
f.that upon request, the licensed Customs Broker will make records available to the Comptroller or his authorized representative in the State of Texas and will cooperate with the Comptroller or his authorized representative in the examination of the records;
g.that copies of each employee’s power of attorney to issue export certifications in the name of the applicant are included;
h.information in this document and any attachments is true and correct to the best of my knowledge and belief; and
i.I understand that computer system passwords are confidential. I will not disclose (to any person) any password(s) which I am given or devise, and I will not write down such password(s) or post them where they may be viewed by others. I understand that I am responsible for any computer transactions performed as a result of access authorized by use of any passwords that I receive or devise. I agree to abide by all written conditions and restrictions imposed by the Comptroller’s Information Security Office. I agree NOT to attempt to circumvent the Comptroller’s computer security system. I understand that use of a password not issued specifically to me or to a group of which I am a member is expressly prohibited. I also understand that failure to observe these restrictions may constitute a Breach of Computer Security, and that such an offense may constitute a first-degree felony. Tex. Pen. Code §33.02.
Type or print name of licensed customs broker
Broker, officer or authorized agent
Date of application
WARNING. You may be required to obtain an additional permit or license from the State of Texas or from a local governmental entity to conduct business. A listing of links relating to acquiring licenses, permits, and registrations from the State of Texas is available online at http://www.Texas.gov. You may also want to contact the municipality and county in which you will conduct business to determine any local governmental requirements.
2. Legal name of applicant as registered with the United States Customs Service
For Comptroller's use only
00991
Tax type/reason
Reference no.
9
2
0
3. Mailing address where you will receive mail from the Texas Comptroller of Public Accounts
Street and number, P.O. Box or rural route
Taxpayer number
XAMAST
County code
City
State
County
ZIP/Postal code
•
Master phone num
add/change
4. Enter your Social Security number if you are a sole owner
XUMAST
Secondary mailing
address set-up
1
5.
Enter your Federal Employer Identification Number (FEIN), if any
XAADDR
(
)
6.
Daytime phone where applicant may be reached (area code and number)
address change
XUADDR
7. Enter the number of the license issued by the United States Customs Service
Tax type
• 092
8. Enter your Texas taxpayer number for reporting any Texas tax or your
Texas Vendor Identification Number if you now have or have ever had one
9. Enter your email address
10. If your business is a corporation, list all principal officers. (Attach additional sheets as necessary.)
Name
Title
Phone (area code and number)
Home address
ZIP code
SSN or FEIN
Email address
AP-168-3 (Rev.8-11/5)
Please read instructions.
Page 2
11.
Legal name of applicant (same as Item 2)
Texas Customs Broker license number
Complete the following information for each active business location where export certifications will be issued.
(Attach additional sheets as necessary.)
Outlet/location set-up
12.
Business name
XALOCA
Location number
13.
Business location (street and number—do not use P.O. Box or rural route)
T X
ICL/OCL
14.
Is your business located inside the boundaries of an incorporated city?
YES
NO
Month
Day
Year
Y or N
15.
First business date
Add responsibility
16.
Business phone (area code and number)
XASTAT
17.
18.
19.
20.
21.
22.
23.
T
X
24.
25.
26.
27.
28.
29.
30.
31.
AP-168-4 (Rev.8-11/5)
Page 3
32.
Complete the following information for every employee authorized to issue certifications. A power of attorney is required for each employee authorized to issue certifications. Include any officers that will issue certificates. (Attach additional sheets as necessary.)
33.
Name of employee (first name, middle initial, last name)
34.
Social Security number
Master set-up
35. Home address (street and number, P.O. Box or rural route)
County/Country
State/Province
36.
Beginning date
Employee
Related Party
taxpayer no.
ADD
37.
Email
38.
Phone number
address
(area code and number) (
39.
40.
41. Home address (street and number, P.O. Box or rural route)
42.
43.
44.
45.
46.
47. Home address (street and number, P.O. Box or rural route)
48.
49.
50.
51.
52.
53. Home address (street and number, P.O. Box or rural route)
54.
55.
56.
57.
58.
59. Home address (street and number, P.O. Box or rural route)
60.
61.
62.
Upon filling out the Texas Application for Customs Broker License (Form AP-168), you're initiating a crucial step towards compliance with state regulations for customs brokerage. This document is essential for professionals who have been licensed by the United States Customs Service and are seeking to extend their operational validity to the state of Texas. Following the correct completion and approval of this application, you will obtain a Texas Customs Broker License, allowing you to issue export certifications within Texas. Ensure that each step is followed meticulously to avoid any potential delays in the processing of your license.
It is important to fill out this application thoroughly and accurately. No export certifications may be issued until the Texas Comptroller of Public Accounts has approved this application and issued your Texas Customs Broker License. Pay close attention to detail and ensure all sections are completed to avoid any processing delays.
Individuals already licensed by the United States Customs Service as a custom house broker may submit the Texas Application for Customs Broker License, also known as the AP-168 form. A crucial requirement is the inclusion of a copy of the applicant’s United States Customs Broker’s license with their application.
Several key terms are defined in the AP-168 form to guide applicants:
The Texas Customs Broker License has several associated fees, all of which vary based on time and business operations:
If applicants have questions regarding the AP-168 form or related matters, assistance is readily available. Applicants can contact their nearest Texas State Comptroller’s office for support. Additionally, assistance through phone calls is available by dialing (800) 252-5555 or (512) 463-4600, with Spanish speaking assistance available upon request.
Filling out the Texas AP-168 form, which is the application for a Customs Broker License, requires attention to detail. Applicants often make mistakes that can delay the approval process. Below is an expanded list of common errors to avoid.
Not providing a copy of the United States Customs Broker’s license: The Texas application requires a copy of the current U.S. Customs Broker’s license. Failing to include this important document can lead to the rejection of the application.
Omitting information on the form: Leaving blanks or not answering all questions fully can cause delays. Every section of the application is important for the evaluation process.
Using incorrect business location details: Each business location where export certifications will be issued must be accurately listed. Mistakes or outdated information can complicate the licensure process.
Forgetting to include the bond fee: The required bond or security of $5,000 (and potentially an additional $1,000 for each location) is crucial for the application. Neglecting to include this fee can result in an incomplete submission.
Listing incorrect principal officers for corporations: If the business is a corporation, all principal officers must be listed along with accurate contact details. Any oversight in this area can be problematic.
Misunderstanding the fee schedule: The application details a specific annual license fee schedule based on the quarter in which the application is submitted. Incorrect fees can delay the licensing process.
Not providing employee information: Every employee authorized to issue certifications must be listed, along with a required power of attorney. Failing to include complete details for each authorized employee can halt the approval of the application.
Failure to sign the document: An unsigned application is incomplete. Ensuring that the licensed customs broker, officer, or authorized agent signs the document is a must.
Ignoring instructions for additional permits or licenses: The warning about potentially needing additional permits or licenses from the State of Texas or local governmental entities is often overlooked. Awareness and compliance with this note are essential for lawful business operations.
Being mindful of these common mistakes and taking the time to review the application thoroughly before submission can save time and effort in obtaining a Texas Customs Broker License.
When dealing with the intricacies of the Texas Application for Customs Broker License, one discovers that it's just a part of a broader spectrum of documents critical in the world of customs brokerage. Each document serves a unique role, contributing to a seamless operation and compliance with regulations. Let’s explore some of these essential forms and documents often used along with the Texas AP-168 form. Understanding them will provide a holistic view of the requirements and processes in obtaining and maintaining a Texas Customs Broker License.
Understanding and managing these documents are crucial steps in ensuring the smooth operation of a customs brokerage. Each form complements the Texas AP-168 form, creating a comprehensive framework for legal compliance and operational efficiency. Armed with the knowledge of these essential forms and documents, customs brokers can navigate the complexities of the trade with confidence and integrity.
The Texas AP-168 Application for Customs Broker License shares similarities with the Uniform Commercial Code (UCC) Financing Statement. Both documents involve formal registration procedures, where the AP-168 application registers a customs broker with state authorities, and the UCC statement registers a security interest in a borrower's personal property to a public filing office. These processes help in officially recognizing the status or claim of an applicant or filer within a legal framework, providing a public record of the transaction or status claimed.
Similar to a Business License Application, the Texas AP-168 form is a prerequisite for operating within a specific field, in this case, as a customs broker in Texas. Both documents formalize the legal foundation for conducting business activities, requiring detailed information about the business and its owners or authorized agents. They serve as gateways to ensure businesses meet state-specific regulations and standards before commencing operations.
The Application for Employer Identification Number (EIN) issued by the IRS is another document with similarities to the Texas AP-168 form. Both applications collect detailed information about the business entity, including legal names, addresses, and the identification numbers of the proprietors. These processes are critical for tax administration purposes, linking businesses with their tax obligations and ensuring compliance with federal and state tax laws.
The Professional License Application that professionals in various fields must submit before practicing in their respective areas mirrors the AP-168 form's purpose for customs brokers. Both types of applications ensure that only qualified and authorized individuals offer specialized services, protecting the public from unqualified practitioners and maintaining professional standards within the industry.
An Export License Application, required for businesses that export goods out of a country, has parallels with the Texas AP-168 form, particularly in regulating trade activities. While the AP-168 form focuses on customs brokerage within Texas, both are crucial in international trade operations, ensuring that exporters comply with export controls and legal requirements, facilitating legal and efficient trade across borders.
The Permit to Operate Application, necessary for businesses requiring environmental regulation compliance, shares its regulatory objective with the Texas AP-168 form. Each document ensures that businesses fulfill specific legal requirements before operation, whether it's related to environmental protection or customs brokerage, aiming to safeguard public interest and compliance with laws.
The Firearms Dealer License Application, required for businesses selling firearms, and the AP-168 form both involve a high level of regulatory compliance due to the nature of the operations. Each application serves to vet the business and its operators for qualifications and legal compliance, ensuring that only eligible entities engage in activities that have significant legal implications and public safety considerations.
Lastly, the Real Estate License Application, much like the Texas AP-168 form, requires detailed information about the applicants and their business operations. Both set forth prerequisites that ensure applicants meet specific professional standards and legal qualifications, reaffirming the state's role in protecting the interests of the public by regulating certain professions and activities.
When completing the Texas AP-168 form for a Customs Broker License, certain best practices should be followed to ensure the process is smooth and successful. Here is a guide on what to do and what not to do:
By adhering to these guidelines, applicants can increase their chances of a successful Texas Customs Broker License application process.
Common misunderstandings frequently arise regarding the Texas Application for Customs Broker License (Form AP-168), leading to confusion and potential delays in the licensing process. Clarifying these misconceptions is crucial for applicants to ensure a smooth application process.
This is incorrect. The application is available to any individual who is licensed by the United States Customs Service, regardless of their state of residence. The key requirement is that the applicant must hold a valid United US Customs Broker’s license.
Each business location where export certifications are issued requires its own license. Applicants must submit separate applications for each location, not just one for their entire operation.
The fee schedule is quarter-specific, varying depending on when an applicant submits their application within the fiscal year. This sliding scale ensures fees are prorated appropriately according to the application's timing.
All applicants must pay a $5,000 bond or security, with potential additional requirements based on location. Furthermore, a $1.60 fee is charged for each export certification stamp, underscoring the mandatory nature of these costs.
While some forms and information may be available online, the AP-168 form must be filled out manually and mailed along with the required payment to the Comptroller of Public Accounts, indicating that a fully digital application process is not yet in place.
Applicants cannot issue export certifications until they have provided a copy of their United States Customs Broker's License, the application has been approved, and the Texas Customs Broker License has been issued. This process takes time.
Disclosure of the applicant's Social Security number is not only required but authorized under law for tax administration and identification purposes, emphasizing the importance of including this information in the application.
Understanding these key points can help applicants navigate the complexities of the Texas Application for Customs Broker License, ensuring a more streamlined and compliant application process.
The Texas Ap 168 form is crucial for customs brokers in Texas, providing the legal basis for their operations in the state. Understanding its requirements and regulations is essential for compliance and successful business operations. Here are six key takeaways regarding this important document:
In summary, the Texas Ap 168 form serves as a key regulatory document for customs brokers operating in Texas, setting out the requirements for licensure, ongoing compliance, and financial obligations. Customs brokers must approach this application process with care, ensuring they meet all specified requirements to secure and maintain their license.
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