Texas LLC Annual Requirements: Franchise Tax Report and PIR

Does Texas require an annual report? No. There is no Secretary of State annual report for a Texas LLC. What Texas requires instead is an annual tax filing with a different agency: every LLC files a Franchise Tax Report and a Public Information Report (PIR, Form 05-102) with the Texas Comptroller of Public Accounts by May 15 each year (Tex. Tax Code § 171.203 and ch. 171). Formation runs through the Secretary of State; everything recurring runs through the Comptroller. That split is the single most misunderstood thing about Texas LLC compliance, and getting it wrong is how LLCs end up forfeited. The rest of your obligations are in the after-formation guide.

What You File Each Year

Public Information Report (Form 05-102). Every Texas LLC files the PIR with its franchise tax filing, no exceptions for size or revenue. It reports the LLC's governing persons (members or managers), principal office and principal place of business, plus affiliated entities: those the LLC owns 10% or more of, and those owning 10% or more of the LLC. PIR information is public and searchable through the Comptroller's Taxable Entity Search.

Franchise Tax Report. What this looks like depends on revenue:

• At or below the no-tax-due threshold ($2.47 million in annualized total revenue for the 2024 and 2025 report years, $2.65 million for 2026): the LLC owes no franchise tax. The old standalone No Tax Due Report (Form 05-163) was discontinued beginning with 2024 reports, so there is no separate no-tax-due form to send. Filing the PIR is what keeps the LLC compliant.
• Above the threshold: the LLC calculates and pays franchise tax on its margin, filing the Long Form report (Form 05-158) or the EZ Computation report (Form 05-169).

One thing the PIR cannot do: change your registered agent. The agent section on the PIR is informational only. Actual agent or office changes are filed with the Secretary of State on Form 401 for $15; see our change agent guide.

When It Is Due

May 15 each year. The filing window opens January 1 of the report year. Your first filing comes due on the first May 15 of the calendar year after the year your LLC was formed, and it recurs every May 15 after that.

How to File

1. Go to the Comptroller's franchise tax portal at https://comptroller.texas.gov/taxes/franchise/ and sign in to Webfile.
2. Select the franchise tax filing for your LLC.
3. Report your annualized total revenue. At or below the threshold, no tax is due; above it, the system takes you through the tax report (Form 05-158 or 05-169).
4. Complete the Public Information Report (Form 05-102): governing persons, principal office, and any 10%-or-more affiliates.
5. Submit and keep the confirmation.

Paper filing works too: mail the signed Form 05-102 (and tax report, if one is due) to Texas Comptroller of Public Accounts, P.O. Box 149348, Austin, TX 78714-9348.

Late Filing Penalties and Forfeiture

Missing May 15 draws a $50 penalty plus 5% of any tax due, and an additional 5% once payment is more than 30 days late. Keep not filing and it escalates: the Comptroller forfeits the LLC's privileges under Tex. Tax Code §§ 171.251-171.255, and ultimately the certificate of formation itself is forfeited. A forfeited LLC has lost its right to transact business in Texas, and clawing it back means filing everything delinquent plus penalties; our reinstatement guide covers that process.

FAQ

When is my first Franchise Tax Report due?

The first May 15 of the calendar year after the year you formed. An LLC formed in March 2026 files its first report by May 15, 2027, and an LLC formed in December 2026 has the same date.

My LLC earned nothing. Do I still file?

Yes. An LLC with zero revenue owes no franchise tax but must still file the PIR (Form 05-102) by May 15. Revenue changes what you owe, never whether you file.

Is this just Texas's version of an annual report?

Functionally, yes: it is the yearly filing that keeps your LLC in good standing. Structurally, no: it is a tax filing owed to the Comptroller of Public Accounts, not a report to the Secretary of State, and franchise tax may be due with it if your revenue is above the threshold.

Can I update my registered agent on the PIR?

No. The PIR's agent field is informational. To actually change your registered agent or registered office, file Form 401 with the Secretary of State ($15 for an LLC). Our change agent guide has the steps.