Blank 801 Texas Form

1. What is Form 801?

   Form 801 is the application used for reinstating a domestic or foreign entity that has been forfeited or revoked due to tax issues. It allows the entity to request that the forfeiture be set aside, enabling it to continue its business operations.

2. Who can submit Form 801?

   Only certain individuals are authorized to submit this form. These include:

   • For-profit or professional corporation: Shareholder, director, or officer at the time of forfeiture.
   • Professional association: Shareholder, member, director, or officer at the time of forfeiture.
   • Nonprofit corporation: Director, officer, or member at the time of forfeiture.
   • Limited liability company: Member or manager at the time of forfeiture.
   • Limited partnership: Partner at the time of forfeiture.
   • Statutory or business trust: Trustee or beneficial owner at the time of forfeiture.

3. What are the filing requirements before submitting Form 801?

   Before submitting Form 801, the entity must:

   • File all delinquent reports required by Chapter 171 of the Tax Code.
   • Pay any taxes, penalties, and interest due at the time of the request.

4. When can I submit Form 801?

   You can submit the request to set aside forfeiture at any time after the forfeiture, as long as the entity would otherwise still exist.

5. What should I include in Form 801?

   Form 801 requires several pieces of information, including:

   • The legal name of the entity.
   • The Secretary of State file number.
   • The date of forfeiture or revocation.
   • A tax clearance letter from the Texas Comptroller of Public Accounts.

6. Can I use Form 801 if my entity was voluntarily terminated?

   No, Form 801 should not be used if the entity was voluntarily terminated. In that case, Form 811 should be used instead.

7. What is a tax clearance letter?

   A tax clearance letter is a document from the Texas Comptroller of Public Accounts. It states that the entity has satisfied all franchise tax obligations and is eligible for reinstatement.

8. What is the filing fee for Form 801?

   The filing fee for an application for reinstatement is $75. However, there is no fee for nonprofit corporations filing for reinstatement after a tax forfeiture.

9. How do I submit Form 801?

   You can submit Form 801 in several ways:

   • By mail to P.O. Box 13697, Austin, Texas 78711-3697.
   • By fax to (512) 463-5709.
   • In person at the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701.

10. What happens after I submit Form 801?

    Once the document is filed, the Secretary of State will return evidence of filing along with a file-stamped copy of the document if a duplicate was provided.

Filling out the Texas Form 801 can be a straightforward process, but many people make common mistakes that can delay their application for reinstatement. One significant error is failing to provide the correct entity name. It's essential to use the legal name as it appears in the certificate of formation or registration. If the entity is foreign and registered under a different name, that name must also be included. Omitting this information can lead to processing delays.

Another frequent mistake is not including the Secretary of State file number. This number helps the state identify the entity quickly. Without it, the application may not be processed efficiently. If you're unsure of the number, it’s advisable to verify it before submitting the form.

Many applicants also overlook the date of forfeiture or revocation. This date is crucial for the application and must be accurate. If you're uncertain about the date, you can easily confirm it by contacting the Secretary of State's office. Failing to provide the correct date can lead to complications in reinstatement.

Signing the application without reading the certified statements can have serious repercussions. By signing, you certify that all information is accurate, and any false statements can lead to criminal charges. It’s vital to take a moment to review these statements carefully before you sign.

Another common error is neglecting to obtain a tax clearance letter from the Texas Comptroller of Public Accounts. This letter confirms that all franchise tax liabilities have been satisfied. Without it, the application cannot be processed. Make sure to reach out to the Comptroller’s office to ensure you have this document ready when submitting your form.

Some individuals mistakenly think that submitting the Form 801 will automatically update their registered agent and office information. However, this is not the case. Updates require a separate filing. Be sure to check that your registered agent information is current before submitting the reinstatement application.

Lastly, many applicants forget to include the filing fee. The fee is $75 for most entities, while nonprofit corporations do not have a fee. Ensure that you have the correct payment method ready, as this is necessary for processing your application. Double-check that all required documents and fees are included in your submission to avoid delays.

By being mindful of these common mistakes, you can improve your chances of a smooth reinstatement process. Always take the time to review your application thoroughly before submission.

The Form 801 is a critical document for entities seeking reinstatement after a tax forfeiture in Texas. Alongside this form, several other documents may be necessary to ensure compliance with state regulations. Below is a list of commonly used forms that accompany the Form 801, along with brief descriptions of each.

• Form 401: This form is used to update the registered agent and office information for a filing entity. It is essential for maintaining accurate records with the Secretary of State, as the Form 801 does not serve this purpose.
• Tax Clearance Letter: Issued by the Texas Comptroller of Public Accounts, this letter confirms that the entity has settled all franchise tax liabilities. It is a mandatory attachment when submitting the Form 801.
• Letter of Consent: If the entity name is no longer available for reinstatement, this letter is required. It provides consent from the entity that holds the similar name, allowing the reinstatement process to continue.
• Amendment to Certificate of Formation or Registration: This document is necessary when the entity name is not available. It amends the entity's formation document to reflect a new name, ensuring compliance with naming regulations.

Understanding these forms and their purposes can streamline the reinstatement process and help avoid unnecessary delays. Proper preparation and submission of all required documents are essential for a successful outcome.

• Form 811—Application for Voluntary Termination: This form is used when an entity chooses to voluntarily end its existence. Unlike Form 801, which is for reinstatement after forfeiture, Form 811 allows entities to formally dissolve without tax-related issues.
• Form 814—Application for Revocation: This document is for entities that have been revoked for reasons other than tax forfeiture. Form 814 differs from Form 801 as it does not address reinstatement but rather formalizes the revocation process.
• Form 401—Certificate of Formation: This form is used to create a new entity or amend an existing one. While Form 801 deals with reinstating a forfeited entity, Form 401 is focused on establishing or modifying the legal status of a business.
• Form 807—Credit Card Payment Form: This form is used for submitting payment via credit card for various filings, including Form 801. It is essential for processing payments but does not contain information about reinstatement itself.
• Franchise Tax Report: Entities must file this report to comply with Texas tax laws. Before using Form 801, all delinquent reports must be filed, linking it directly to the tax obligations outlined in the Franchise Tax Report.
• Tax Clearance Letter: This document confirms that an entity has settled all franchise tax liabilities. It is a prerequisite for submitting Form 801, ensuring that tax obligations are met before seeking reinstatement.

When filling out the Texas Form 801, it’s essential to follow specific guidelines to ensure your application is processed smoothly. Here’s a list of things you should and shouldn’t do:

• Do provide the legal name of the entity exactly as it appears in its certificate of formation.
• Do include the Secretary of State file number to help with processing.
• Do ensure that all delinquent reports and taxes have been filed and paid before submitting the form.
• Do read and understand the certified statements in the application before signing.
• Do attach a tax clearance letter from the Texas Comptroller of Public Accounts.
• Do submit the completed form in duplicate to the Secretary of State.
• Do pay the required filing fee, unless you are a nonprofit corporation.

• Don't use this form if the entity was voluntarily terminated.
• Don't submit the application if the entity was revoked for reasons other than tax forfeiture.
• Don't forget to verify the date of forfeiture if you're unsure.
• Don't attempt to update registered agent or office information using this form.
• Don't provide false information, as this can lead to serious legal penalties.
• Don't forget to sign the application; it must be signed by an authorized person.
• Don't submit payment by a method not accepted, such as personal checks from non-U.S. banks.

• Misconception 1: The 801 Texas form can be used for any type of entity reinstatement.

This form is specifically for reinstating entities that have been forfeited or revoked due to tax issues. It cannot be used if the entity was voluntarily terminated or revoked for other reasons.

• Misconception 2: Filing the 801 form automatically reinstates the entity.

Submitting the form does not guarantee reinstatement. The entity must have filed all required delinquent reports and paid any outstanding taxes, penalties, and interest.

• Misconception 3: There is no need to contact the Texas Comptroller before filing.

It is important to obtain a tax clearance letter from the Texas Comptroller, confirming that all franchise tax liabilities are satisfied before submitting the form.

• Misconception 4: The entity name must be the same as before forfeiture.

If the original name is no longer available, the application must include a letter of consent or an amendment to the entity’s formation documents.

• Misconception 5: The 801 form must be notarized.

While notarization is not required, the person signing the form certifies the accuracy of the information provided, which carries legal consequences for false statements.

• Misconception 6: Any authorized person can submit the application.

Only specific individuals, such as shareholders, directors, or officers at the time of forfeiture, are authorized to submit the application for reinstatement.

• Misconception 7: The reinstatement fee is the same for all entities.

The filing fee is $75 for most entities, but nonprofit corporations do not have to pay a fee for reinstatement following a tax forfeiture.

• Misconception 8: The 801 form can be used to update registered agent information.

This form does not serve to update registered agent or office information. Separate filings are required for those updates.

• Misconception 9: There is no time limit for submitting the 801 form after forfeiture.

The request to set aside forfeiture can be submitted at any time, but the entity must have continued to exist otherwise.

Key Takeaways for Using Form 801 in Texas:

• This form is for reinstating a business entity that has been forfeited or revoked due to tax issues.
• Before using Form 801, ensure all delinquent reports are filed and taxes, penalties, and interest are paid.
• Do not use this form if the entity was voluntarily terminated or revoked for reasons other than tax forfeiture.
• The request for reinstatement can be made anytime after forfeiture, as long as the entity would still exist.
• Only authorized individuals, such as shareholders or directors at the time of forfeiture, can submit the application.
• Keep registered agent and office information updated separately; this form does not serve that purpose.
• Provide the entity's legal name as stated in its formation documents and ensure name availability.
• A tax clearance letter from the Texas Comptroller is necessary to confirm all franchise tax obligations are met.
• Filing fees are $75 for most entities; nonprofits are exempt from this fee. Payment can be made via check, money order, or credit card.