Texas Franchise Tax Report & Public Information Report — Annual Filing Guide

Every Texas LLC must file a Franchise Tax Report and Public Information Report (PIR) with the Texas Comptroller by May 15 each year. This is not filed with the Secretary of State — it goes to the Comptroller of Public Accounts. For most small LLCs with revenue under the no-tax-due threshold ($2.47M for 2024-2025 reports, $2.65M for 2026-2027 reports), the tax owed is $0, but you must still file. Failure to file results in penalties and eventual forfeiture of your LLC. See our full after-formation guide for all compliance requirements.

Key Facts

• Filing name: Franchise Tax Report + Public Information Report
• Fee: $0 if under no-tax-due threshold ($2.47M for 2024-2025 reports; $2.65M for 2026-2027)
• Due date: May 15 annually (no exceptions for anniversary dates — it is always May 15)
• Extension available: Automatic extension to November 15 if requested by May 15 (must request — not automatic)
• Filed with: Texas Comptroller of Public Accounts (NOT the Secretary of State)
• File online: https://comptroller.texas.gov/ via WebFile
• First filing: Due May 15 of the year following formation

What These Reports Contain

Franchise Tax Report

For LLCs under the no-tax-due threshold ($2.65M annualized total revenue for 2026 reports):

• File Form 05-169 (No Tax Due Information Report)
• Report annualized total revenue
• Confirm you are under the threshold
• No payment required

For LLCs above the threshold:

• File Form 05-158-A (Texas Franchise Tax Report)
• Calculate taxable margin and tax due
• Pay the tax by May 15

Public Information Report (PIR) — Form 05-102

Required of ALL Texas LLCs with every franchise tax filing. The PIR updates:

• LLC legal name and SOS file number
• Principal office address and mailing address
• Registered agent name and address
• Names, titles, and addresses of all officers, directors, managers, or members owning 10%+ interest
• State of formation and SOS file number

How to File

Online via WebFile (recommended):

1. Go to https://comptroller.texas.gov/ and navigate to WebFile
2. Log in with your WebFile number (assigned when your LLC was formed — check prior correspondence from the Comptroller)
3. If you do not have your WebFile number, call (512) 463-4600 or request it online
4. Select "Franchise Tax" filing
5. Complete the No Tax Due form (05-169) or the full report (05-158-A)
6. Complete the Public Information Report (05-102)
7. Submit — receive electronic confirmation

By mail:

• Download forms from the Comptroller's website
• Mail completed forms (and payment if applicable) to: Texas Comptroller of Public Accounts, P.O. Box 149348, Austin, TX 78714-9348
• Allow 2-3 weeks for processing

What Happens If You Miss the May 15 Deadline

Immediate consequences:

• 5% penalty on tax due if filed 1-30 days late
• 10% penalty if filed more than 30 days late
• $50 penalty for failure to file the PIR
• Interest accrues on unpaid amounts

Extended non-compliance:

• The Comptroller sends a Notice of Forfeiture
• After the notice period, the Comptroller directs the Secretary of State to forfeit your LLC
• A forfeited LLC loses its right to transact business in Texas
• Forfeited LLCs cannot sue in Texas courts, cannot sell real property, and cannot maintain pending lawsuits
• Members may lose their limited liability protection during forfeiture

How to fix it:

• File all delinquent reports
• Pay all back taxes, penalties, and interest
• Request reinstatement — see our reinstatement guide

Extensions

You can obtain an automatic extension from May 15 to November 15 by:

1. Requesting the extension through WebFile by May 15, OR
2. Filing Form 05-164 (Extension Request) by May 15

Important: If you owe tax (above the threshold), you must pay at least 90% of the tax due by May 15, even with an extension. The extension is for the report filing only, not for payment.

FAQ

When is my first Franchise Tax Report due?

May 15 of the calendar year following the year your LLC was formed. Example: if you formed your LLC in March 2026, your first report is due May 15, 2027. If you formed in December 2026, it is still May 15, 2027.

Is this the same as an annual report?

Functionally, yes. Texas does not have a separate "annual report" like most states. The Franchise Tax Report + PIR combination serves as your annual compliance filing. It is just filed with the Comptroller instead of the Secretary of State.

What if my LLC earned no revenue?

You still must file. Even with $0 revenue, file Form 05-169 (No Tax Due) and the PIR. Failure to file — regardless of revenue — triggers penalties and eventual forfeiture.

Where do I find my WebFile number?

The Comptroller mails a WebFile letter shortly after your LLC is formed with the Secretary of State. If you lost it, call the Comptroller at (512) 463-4600, or look it up online using your SOS file number.

Can I file the Franchise Tax Report but skip the PIR?

No. Both must be filed together. Submitting only the tax report without the PIR results in a $50 penalty and your filing is considered incomplete.