Blank 5 359 Texas Form

1. What is the purpose of the 5 359 Texas form?

   The 5 359 Texas form, officially titled "Request for Certificate of Account Status to Terminate a Taxable Entity’s Existence in Texas or Registration," is used by entities that wish to officially terminate their legal existence or registration in Texas. Before this can occur, the entity must ensure that it has met all tax filing requirements as mandated by the Texas Tax Code. This includes closing any open tax accounts and confirming that all taxes administered by the Comptroller have been satisfied.

2. What information is required to complete the form?

   To properly fill out the form, you will need to provide various details about the entity, including:

   • The entity's legal name
   • Taxpayer number
   • File number from the Texas Secretary of State

   Additionally, if the entity is part of an affiliated group, specific details about the reporting entity must be included. Depending on whether the entity was formed in Texas or outside of Texas, different sections of the form will require completion, including information about business operations and any relevant termination dates.

3. How can I receive the certificate after submitting the form?

   Once the form is submitted, you can choose how you would like to receive your certificate. Options include:

   • Fax
   • Email in .PDF format
   • Standard mail

   It is important to provide accurate contact information for the selected method of delivery. The request will be processed in the order it is received, and if the entity is not eligible for a certificate, the Comptroller’s office will notify you in writing about the necessary steps to achieve eligibility.

4. What should I do if the entity has a forfeited certificate or registration?

   If the entity has a forfeited certificate or registration, it must be reinstated before the termination process can proceed. The form includes a section to indicate whether this situation applies. If so, additional steps may be required to restore the entity's status before you can finalize the termination. Contacting the Comptroller’s office directly will provide guidance on how to navigate this process effectively.

Completing the 05-359 Texas form can be a straightforward process, but many individuals make common mistakes that can delay or complicate their requests. One frequent error occurs in the Entity Information section. Failing to provide the entity’s legal name accurately can lead to significant issues. The legal name must match exactly with the records on file with the Texas Secretary of State. Any discrepancies can result in rejection of the application.

Another common mistake involves the taxpayer number. Applicants often overlook this detail, either by omitting it entirely or entering an incorrect number. The taxpayer number is crucial for identifying the entity and ensuring that the request is processed correctly. Double-checking this information can save time and prevent complications.

Section A also asks whether the entity is part of an affiliated group. Some applicants mistakenly answer this question without fully understanding their entity’s structure. If the entity is indeed part of an affiliated group, it is essential to provide the correct reporting entity’s information. Neglecting to do so can lead to an incomplete submission.

In Section B, where the form inquires about the purpose of the certificate, individuals sometimes fail to indicate the specific filing required. Whether it’s for termination, merger, or entity conversion, this information is vital. Omitting it can result in delays as the processing office seeks clarification.

For entities formed outside of Texas, Section C can pose additional challenges. Applicants often forget to confirm whether the entity is still conducting business in Texas. Providing an incorrect answer can lead to misunderstandings about the entity's status and its eligibility for termination.

Furthermore, if an entity has ceased operations, it is essential to provide the correct last day of business. Applicants sometimes enter a future date or omit this information altogether. This oversight can complicate the process of closing tax accounts.

Section D addresses how the applicant wishes to receive the certificate. A common error here is neglecting to provide complete contact information. Whether opting for fax, email, or mail, ensuring that the correct details are filled in is crucial. Incomplete or incorrect information can delay the receipt of the certificate.

Lastly, many applicants do not include the necessary documentation when required, particularly for entities whose home state charters have been terminated. This documentation must bear the seal of the appropriate filing agency and include the effective date. Failing to include this can result in denial of the request.

In conclusion, attention to detail is paramount when filling out the 05-359 Texas form. By avoiding these common mistakes, individuals can facilitate a smoother process for terminating their entity’s existence or registration in Texas.

The 05-359 Texas form is crucial for entities seeking to terminate their legal existence or registration in Texas. Along with this form, several other documents are commonly required to ensure compliance with state regulations. Below is a list of related forms and documents that may be needed during this process.

• Franchise Tax Report: This report provides the Texas Comptroller with information about the entity's financial status and tax obligations. It is essential for determining if all tax requirements have been met before termination.
• Certificate of Formation: This document outlines the basic information about the entity, including its purpose and structure. It is often required to verify the entity's legal status during the termination process.
• Certificate of Good Standing: This certificate confirms that the entity is authorized to do business in Texas and is compliant with state regulations. It may be necessary to present this document when filing for termination.
• Home State Termination Documentation: For entities formed outside of Texas, documentation from their home state indicating that the entity has been terminated is required. This should include the effective date and the official seal of the filing agency.

Gathering these documents in advance can help streamline the termination process. Ensuring compliance with all requirements is essential for a smooth conclusion of the entity's existence in Texas.

The 5 359 Texas form is used to request a certificate of account status to terminate a taxable entity’s existence in Texas. It shares similarities with several other documents. Here are eight forms that are comparable, along with their similarities:

• Form 05-102: This form is used to apply for a Texas Sales and Use Tax Permit. Both forms require specific entity information and help ensure compliance with state tax regulations.
• Form 05-158: This is a Texas Franchise Tax Report. Similar to the 5 359 form, it involves reporting on the entity's tax status and requires accurate financial information.
• Form 05-167: This form is for the Texas Franchise Tax Public Information Report. Like the 5 359, it gathers essential details about the entity to maintain good standing with the state.
• Form 05-164: This form is used for the Texas Franchise Tax No Tax Due Report. Both forms address the entity's tax obligations and ensure proper closure of accounts.
• Form 05-170: This is the Texas Franchise Tax Extension Request. It is similar in that it allows for the management of tax-related timelines and requirements.
• Form 05-100: This form is the Texas Application for a Certificate of Formation. Both forms involve the creation or dissolution of an entity and require detailed entity information.
• Form 05-163: This is the Texas Franchise Tax Affidavit. Similar to the 5 359, it confirms the entity's compliance with tax obligations and may be needed during the termination process.
• Form 05-359A: This is an amendment form for the 5 359. It allows for updates or corrections to the original request, ensuring accurate and complete information is provided.

When filling out the 5-359 Texas form, it’s important to follow certain guidelines to ensure a smooth process. Here’s a list of what you should and shouldn’t do:

• Do double-check your entity’s legal name and taxpayer number for accuracy.
• Do ensure all tax accounts are closed before submitting the form.
• Do provide a valid contact method for receiving your certificate.
• Do read all instructions carefully to understand the requirements.
• Don't skip any sections that apply to your entity.
• Don't forget to include any necessary home state documentation if applicable.
• Don't submit the form without reviewing it for errors or missing information.

Taking these steps can help you avoid delays and ensure your request is processed correctly.

Misconceptions about the 5 359 Texas form can lead to confusion and delays in processing requests. Here are eight common misunderstandings:

• The form is only for Texas entities. This form applies to both Texas entities and non-Texas entities that wish to terminate their existence or registration in Texas.
• Filing the form automatically terminates the entity. Submitting the form is just one step. Entities must also satisfy all tax filing requirements and close any open tax accounts.
• There are no tax obligations before termination. Entities must be current on all taxes administered by the Comptroller before they can terminate their existence.
• The form can be submitted without prior tax clearance. Entities need to ensure they have cleared all tax obligations before submitting the form to avoid delays.
• Only one method of receiving the certificate is allowed. Entities can choose to receive their certificate via fax, email, or mail, depending on their preference.
• All requests are processed immediately. Requests are processed in the order they are received, and eligibility must be confirmed before a certificate is issued.
• Home state documentation is not necessary for non-Texas entities. Non-Texas entities must provide documentation from their home state if their charter has been terminated.
• Once submitted, the form cannot be modified. If there are errors or changes needed, entities can contact the Comptroller’s office for assistance.

Here are some key takeaways regarding the 5 359 Texas form:

• Purpose: The form is used to request a Certificate of Account Status for terminating a taxable entity’s existence or registration in Texas.
• Tax Compliance: Before submitting the form, ensure that all tax accounts are closed and that the entity is current with all tax requirements.
• Contact Information: For questions or assistance, individuals can call the Comptroller's office at 1-800-252-1381 or 512-463-4600.
• Entity Information: The form requires specific details about the entity, including its legal name, taxpayer number, and filing status.
• Combined Reporting: If the entity is part of a combined group, additional information about the reporting entity must be provided.
• Non-Texas Entities: Entities formed outside of Texas must indicate if they are still conducting business in Texas and provide relevant termination dates if applicable.
• Receiving the Certificate: The form allows the entity to choose how to receive the certificate, whether by fax, email, or mail.

Completing the form accurately is essential for a smooth process in terminating the entity’s legal status. For more detailed instructions, refer to the Texas Comptroller's website.