Reinstate a Texas LLC

It depends on the reason for termination. In Texas, an LLC can be terminated for a number of reasons. The most common reason for forfeiture is failure to file an annual franchise tax return/report. To reinstate a Texas LLC after forfeiture under the Tax Code for failure to file an annual franchise tax report, the LLC must file each delinquent report and any delinquent tax, penalty, and interest must be paid. You can call (800-252-1381) or email the Comptroller to determine what reports need to be filed. Once the delinquent reports have been filed and the late fees paid, the Comptroller will issue a Tax Clearance Letter. The Tax Clearance Letter is then attached to the Application to Reinstate and filed with the Texas Secretary of State.

The easiest way to file delinquent franchise tax reports is through the Texas Comptroller's WebFile System. You'll need the 11 digit Texas Tax ID and the Webfile number.

The Webfile # is essentially your "access code" to the Webfile system.   It is printed on the upper left corner of the tax report mail out by the Comptroller and on most other notices or correspondence from the Comptroller's office. It will consist of two letters followed by six numbers (Example: RT666666).

If you do not have your Webfile #, you can call into an automated system at (800) 442-3453. You'll have to have access to information on a previously filed report. If you do not have the necessary information,  you can request a duplicate report via this automated system.

The Application to Reinstate will need to be signed by one member or manager that existed at the time of forfeiture. We can e-sign for our client after getting authorization to do so.

The filing fee for the Application to Reinstate is $75. If you would like for us to prepare and file, we charge $300 for a simple reinstatement (+$75 filing fee). If delinquent reports need to be filed with the Comptroller, you will also need to pay the late fees and penalties (typically $51 per delinquent report). While normally filed by your tax professional, we may be able to prepare and file the delinquent reports for you for an additional fee if your LLC made less than $1.118M in revenue.

It depends on why the LLC was terminated; what needs to be rectified before reinstating; and whether or not you have access to your webfile number. It typically takes about 3 business days to reinstate a Texas LLC (after the underlying issues have been resolved).