People who search for a Texas annual report are usually looking for a filing that does not exist at the Secretary of State. For LLCs and corporations, the yearly duty sits with the Texas Comptroller of Public Accounts. It has two parts: the franchise tax report and the Public Information Report, or PIR. Both are due May 15.
The Secretary of State still plays a part, because it changes a company's status when the Comptroller reports that taxes were not filed. Searching, forming and contacts are covered in the Texas office guide.
Who files and what it costs
Franchise tax is a privilege tax on each taxable entity formed in Texas or doing business there. That takes in Texas LLCs and corporations and out-of-state companies working in the state.
There is no fee to file. Whether you pay tax depends on revenue. For the 2026 report, the no tax due threshold is $2,650,000. Above it, the rate is 0.375 percent for retail and wholesale businesses and 0.75 percent for others. Below it, you owe no tax but must still file the PIR, or the Ownership Information Report if that is the form that applies to you.
| Fee | LLC: No annual report fee at the Secretary of State. The Comptroller requires an annual franchise tax report (or No Tax Due / PIR filing); no filing fee. The same applies to a corporation. (comptroller.texas.gov, checked ) |
|---|---|
| When it is due | Franchise tax report and Public Information Report are due May 15 each year (next business day if it falls on a weekend or holiday). (comptroller.texas.gov, checked ) |
| If you file late | $50 flat penalty for any late report, even if no tax is due. If tax is paid 1 to 30 days late, 5 percent penalty; over 30 days late, 10 percent. Failure to file a completed PIR or OIR can lead to forfeiture of the right to transact business (no suing or defending in Texas courts, and officers, directors or owners become personally liable for certain debts). Forfeiture requires at least 45 days notice. (comptroller.texas.gov, checked ) |
| Franchise or privilege tax | Yes. Privilege tax on each taxable entity formed or doing business in Texas. 2026 report: no tax due threshold $2,650,000 revenue; rate 0.375 percent for retail/wholesale, 0.75 percent for other businesses. Entities under the threshold still file a Public Information Report (PIR) or Ownership Information Report (OIR). (comptroller.texas.gov, checked ) |
| Where to file | webservices.sos.state.tx.us/termsandconditions/tac.html (sos.state.tx.us, checked ) |
The May 15 deadline, worked through
The franchise tax report and the PIR share one date, May 15 each year. When May 15 falls on a weekend or a holiday, the deadline moves to the next business day.
Say the 15th is a Saturday. Your report is then due on Monday the 17th. Now take a small LLC with revenue well under the threshold. It owes no tax, but if it sends nothing by the deadline, it still owes the flat $50 penalty for a late report.
How to file, step by step
- Find your Texas taxpayer number from the Comptroller, which is separate from your SOS file number.
- Work out whether your revenue is above or below the no tax due threshold for the report year.
- Prepare the franchise tax report that fits your situation, or the no tax due filing if you are under the threshold.
- Complete the PIR, or the OIR, with your current officers, directors or managers.
- File both with the Comptroller by May 15, pay any tax owed, and keep the confirmation.
Penalties and loss of standing
Late reports cost a flat $50, even when no tax is due. Late tax adds 5 percent if paid 1 to 30 days after the deadline and 10 percent after that.
Leaving the PIR or OIR unfiled carries a bigger risk. The company can forfeit its right to transact business. It then cannot sue or defend itself in Texas courts, and officers, directors or owners can become personally liable for certain company debts. The Comptroller must give at least 45 days notice before this happens. If it goes further, the Secretary of State marks the record Forfeited Existence. Reinstatement at the Secretary of State then uses Form 801 and costs $75.
Every status word Texas uses is explained in our Texas office guide.
Checking that you are current
The Comptroller's franchise tax account status search is free and shows whether a company still has the right to transact business. Then look the company up in SOSPortal and check that its status reads In Existence. For a document to hand to a bank, the Comptroller issues a certificate of account status. Our guide on how to file an annual report shows how Texas differs from states with a Secretary of State report.
Sources
- comptroller.texas.gov/taxes/franchise/: report fee, report due date, late penalty, franchise tax. Checked .
- www.sos.state.tx.us/corp/index.shtml: online filing. Checked .