Article Structure
The 801 Texas form, officially known as the Application for Reinstatement and Request to Set Aside Tax Forfeiture, serves a crucial function for businesses that have found themselves forfeited or revoked due to unpaid taxes. This form is a vital step in the process of getting a domestic or foreign entity back in good standing with the state of Texas. Before using the form, it's essential to understand that certain prerequisites must be fulfilled. Specifically, the entity must have filed all outstanding tax reports and settled any taxes, penalties, and interest that are due under Texas law. Additionally, it's important to note that this application can only be submitted if the entity would otherwise still exist, as entities that were voluntarily terminated or revoked for reasons other than tax forfeiture must follow different procedures. When completing the form, the authorized representative—whether a director, officer, member, or partner—will need to provide specific information, such as the entity's legal name, secretary of state's file number, and the date of forfeiture. Moreover, since maintaining current registered agent information is mandatory, any needed updates must be submitted separately. The signatures required will confirm the accuracy of the information provided, as inaccuracies can lead to severe penalties. Submitting the application incurs a fee, and entities should ensure they gather all necessary supporting documents, including a tax clearance letter, to process their reinstatement effectively.
801 Texas 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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Form Characteristics
| Fact Name | Detail |
|---|---|
| Purpose of Form | The 801 Texas form is an Application for Reinstatement and Request to Set Aside Tax Forfeiture. |
| Governing Law | This form is governed by Chapter 171 of the Texas Tax Code. |
| Reinstatement Requirement | To reinstate, the entity must file all required delinquent reports and pay all associated taxes, penalties, and interest. |
| Authorized Submitters | Shareholders, directors, or officers may submit the form, depending on the type of entity (e.g., corporation, LLC). |
| Filing Fee | There is a $75 filing fee for most entities; however, there is no fee for nonprofit corporations. |
| Tax Clearance Letter | A tax clearance letter from the Texas Comptroller must accompany the application to confirm all franchise tax liabilities are settled. |
Guidelines on Utilizing 801 Texas
Filling out Form 801 is a crucial step for entities seeking to reinstate their status after a tax forfeiture in Texas. Completing this form accurately and thoroughly will help facilitate the reinstatement process. Follow the steps below to ensure you provide all the necessary information.
- Entity Name: Write the legal name of your entity as shown in its certificate of formation or registration. If your entity is foreign and registered under a different name, include that assumed name as well.
- Secretary of State File Number: Enter the file number that was assigned by the secretary of state. This helps speed up processing.
- Date of Forfeiture/Revocation: Provide the exact date when the forfeiture or revocation occurred. If you're unsure, you can confirm by calling the secretary of state or checking their website.
- Certified Statements: Read carefully through the statements provided in item 4 and ensure you understand them. Sign to certify the accuracy of the information, being aware of the penalties for providing false information.
- Tax Clearance: Attach a tax clearance letter from the Texas Comptroller of Public Accounts, confirming that all franchise tax liabilities have been met.
- Execution: The form must be signed by someone who was authorized at the time of forfeiture, such as an officer or member, depending on the entity type.
- Payment and Delivery Instructions: Include the filing fee of $75 (if applicable) or note that there's no fee for nonprofit corporations. Payments can be made via check, money order, or credit card. Make sure to submit both the completed form and payment in duplicate, according to the provided mailing or faxing options.
Once you complete the form and gather all required documents, take the next steps based on your preferred method of submission. This will ensure that your request for reinstatement is processed efficiently.
What You Should Know About This Form
What is Form 801 in Texas?
Form 801 is the Application for Reinstatement and Request to Set Aside Tax Forfeiture. It is used by businesses in Texas that have lost their standing due to tax issues. This form helps to officially request the reinstatement of a forfeited or revoked entity by the Secretary of State, following guidelines outlined in the Texas Tax Code.
Who can file Form 801?
Only specific individuals can submit this form. For-profit or professional corporations can have a shareholder, director, or officer file. In contrast, a professional association can have a member, shareholder, director, or officer submit. Nonprofit corporations accept submissions from directors, officers, or members. Limited liability companies allow a member or manager to apply, while limited partnerships can have a partner submit the request. Trustees or beneficial owners can represent statutory or business trusts.
What steps do I need to take before filing Form 801?
Before sending in Form 801, the entity must file all overdue reports with the Texas Comptroller as required by Chapter 171 of the Tax Code. Additionally, any taxes, penalties, and interest that are owed must be paid in full at the time of the application. A tax clearance letter from the Comptroller, confirming these requirements are met, must accompany the form.
Can my entity still be reinstated if it was voluntarily terminated?
No, Form 801 is not valid for entities that were voluntarily terminated. If your entity was terminated voluntarily, you should refer to Form 811 instead. Similarly, if the termination or revocation occurred for reasons other than tax forfeiture or by court order, different forms apply, such as Forms 811 or 814.
How do I ensure my entity name is eligible for reinstatement?
The entity name cannot be identical or similar to any existing domestic or foreign filing entity. It's essential to check that your name is not deceptively similar to another registered entity. If the name is no longer available, you will need to provide a letter of consent or make an amendment to your existing formation documents.
What is the filing fee for Form 801?
The fee for filing Form 801 is $75 for most entities. Nonprofit corporations, however, do not have to pay a fee for reinstatements after a tax forfeiture. Payments can be made using personal checks, money orders, or credit cards, but note that credit card payments are subject to a convenience fee of 2.7 percent of the total fees.
Where do I submit Form 801?
You can submit Form 801 in several ways. It can be mailed to the Secretary of State at P.O. Box 13697, Austin, Texas 78711-3697. Alternatively, you can fax it to (512) 463-5709 or deliver it in person to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If you're using fax, remember to include your credit card information with the submission.
Common mistakes
Filling out the 801 Texas form can be a straightforward process, but many make common mistakes that can lead to delays or even denial of their application. One of the most frequent errors is not providing the correct entity name. The legal name of the entity must match exactly what is stated in the certificate of formation or registration. If the entity has an assumed name under which it does business, that also needs to be included. Failing to do so may result in complications or rejection of your reinstatement request.
Another major mistake is omitting the Secretary of State file number. This number is crucial for processing the application efficiently. Without it, the office may struggle to identify your entity correctly, which can add unnecessary time to your request. If you're not sure what your file number is, it's easy to find by contacting the Secretary of State's office directly.
People also often forget to provide the date of forfeiture or revocation. This date is important and should be filled out accurately. If unsure, the office can assist in confirming the date. Leaving this blank or incorrect can lead to significant delays in processing your request.
Another frequent error involves misunderstanding the certification requirements. While notarization isn’t necessary for the application, signing it means that you are verifying all the information is accurate. Misrepresenting information can lead to serious penalties, as providing false details is a felony. Pay close attention to what you are certifying prior to signing.
Some applicants overlook the need for a tax clearance letter. This document must accompany your application, proving that all franchise tax obligations have been met. Without this letter, your application may be rejected outright. Make sure to obtain this from the Texas Comptroller of Public Accounts before submission.
In addition, people often make mistakes with the payment process. The standard fee for filing is $75 unless your entity is a nonprofit, which is exempt from fees. Understanding the accepted payment methods and including the correct amount is vital to avoid delays. Incomplete payments can lead to automatic rejection of your application.
Furthermore, updating the registered agent and office information is a common oversight. This form is not the means to make those updates. If changes are needed, that must be done through a separate filing. Make sure your registered agent information is current to prevent complications.
Some applicants also forget to include required supplementary documentation. If your entity name is no longer available, you must provide a letter of consent or amend your formation document. Missing these documents can lead to further issues down the line in the reinstatement process.
Lastly, clarity in the information provided is essential. Vague answers or incomplete statements can hinder your application. Take the time to read through all instructions carefully. Providing thorough, concise, and clear information will expedite the process and improve the chances of a successful reinstatement.
Documents used along the form
The 801 Texas form, which serves as an application for reinstatement and to request setting aside tax forfeiture, is often accompanied by several other essential documents. Each of these forms plays a crucial role in the reinstatement process, ensuring that all necessary legal and tax requirements have been addressed. Below is a list of commonly used documents along with a brief description of each.
- Tax Clearance Letter: This letter from the Texas Comptroller of Public Accounts confirms that the entity has fulfilled all franchise tax obligations. It is a mandatory requirement when submitting the 801 form.
- Letter of Consent: If the entity's name is no longer available for use, this letter from the appropriate parties allows the entity to proceed with the reinstatement process under an alternative name.
- Amendment to Certificate of Formation: If the entity's name has changed, this amendment updates the formation documents to reflect the new name and must be submitted alongside the 801 form.
- Form 401: This is used to update registered agent and office information. Since the 801 form does not include these updates, Form 401 must be filed separately.
- Form 807: This form is required when faxing the 801 form, as it includes credit card payment details and must accompany the fax transmission to the Secretary of State.
- Form 811 or Form 814: These are used if the entity was terminated for reasons other than tax forfeiture. They provide alternative pathways for reinstatement in such cases.
Together, these documents help ensure a smoother reinstatement process, making it easier for entities to navigate the legal landscape associated with tax forfeiture. Preparing these forms accurately is vital for successful reinstatement.
Similar forms
The 801 Texas form is specifically designed for entities seeking reinstatement after a tax forfeiture. Several other forms share similar purposes or functions within the realm of business entity management. Below are four documents that align closely with the use of the 801 Texas form:
- Form 811—Application for Voluntary Termination: This form is used when an entity wishes to terminate its existence voluntarily. Unlike Form 801, which focuses on reinstatement, Form 811 facilitates the dissolution process for an entity that has decided to cease operations.
- Form 814—Application for Reinstatement After Revocation for a Reason Other than Tax Forfeiture: This document is similar to Form 801 as it deals with reinstatement, but it applies to entities whose existence has been revoked for reasons not related to tax issues.
- Form 401—Declaration of Registered Agent and Office: While Form 801 does not serve to update registered agent information, Form 401 is the necessary document for entities wishing to maintain current registered agent and office details. This ensures that the entity remains compliant and can receive legal documents promptly.
- Form 807—Credit Card Payment Form: When filing Form 801, if payment is made by credit card, Form 807 is required to facilitate the transaction. This form must accompany any submission that includes credit card payment information.
Dos and Don'ts
Do's and Don'ts for Filling Out the Texas Form 801
- Do verify the entity's legal name as stated in the certificate of formation before filling out the form.
- Don't submit the form if the entity was voluntarily terminated or revoked for reasons other than tax forfeiture.
- Do confirm the Texas Secretary of State file number to facilitate the processing of your application.
- Don't include false information; it may lead to significant legal penalties and affect your reinstatement.
- Do ensure that all delinquent reports are filed and all taxes, penalties, and interest dues are paid prior to submitting the form.
- Don't forget to attach the required tax clearance letter that confirms all franchise tax liabilities have been satisfied.
- Do have the application signed by an authorized person to avoid processing delays.
Misconceptions
- Misconception 1: The 801 form is the only document needed for reinstatement.
- Misconception 2: All entities can use the 801 form for reinstatement.
- Misconception 3: The 801 form does not require a tax clearance letter.
- Misconception 4: The filing fee is the same for all entities.
- Misconception 5: An unregistered name can be used in the reinstatement application.
- Misconception 6: Any individual can file the 801 form.
- Misconception 7: The signed application does not carry any legal weight.
In reality, applicants must also submit a tax clearance letter from the Texas Comptroller of Public Accounts, along with any other required documentation. Failing to provide these additional documents can lead to the rejection of the reinstatement request.
This form is specifically for entities forfeited under chapter 171 of the Tax Code. Entities that were voluntarily terminated or revoked for other reasons must use different forms.
A tax clearance letter is mandatory. It proves that the entity has settled all franchise tax liabilities. Without it, the application will not be processed.
The $75 filing fee applies to for-profit entities. Nonprofit corporations do not incur any fee when filing for reinstatement following a tax forfeiture.
The name submitted must not be the same as or similar to any existing domestic or foreign filing entity. If the name is unavailable, additional consent or amendments to entity formation documents are required.
The application must be submitted by an authorized person, such as a shareholder, director, or manager, depending on the entity type. It is crucial that the individual has the proper authorization to avoid complications.
Signing the application certifies that the information provided is accurate to the best of the signer's knowledge. False statements can lead to severe penalties, including felony charges.
Key takeaways
When filling out and using the 801 Texas form for reinstatement and tax forfeiture, there are several important points to consider:
- The form is utilized to reinstate an entity that has been forfeited or revoked, primarily due to tax issues.
- Before submission, ensure all required delinquent reports are filed and that all taxes, penalties, and interest are paid according to the Tax Code.
- This form should not be used if the entity was voluntarily terminated or revoked for reasons unrelated to tax issues.
- Timeliness matters; you can submit your request for reinstatement at any time after the forfeiture.
- Ensure that the entity name matches exactly as stated in its certificate; if the name is not available, additional documentation is necessary.
- A tax clearance letter is essential; it shows that all franchise tax obligations have been settled prior to reinstatement.
- Authorized individuals for submitting the application differ by entity type; make sure you belong to the correct category.
- The filing fee is typically $75; however, nonprofit entities are exempt from this fee.
Paying attention to these details can streamline the reinstatement process and reduce the likelihood of complications.
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