Form 05-102: The Texas LLC Annual Report Filed With the Comptroller
The “annual report” a Texas LLC owes is the Public Information Report (PIR), Form 05-102, filed with the Comptroller, not the Secretary of State. It is free and due May 15, and for an LLC whose total revenue stays at or below $2,650,000 it is the only yearly filing.
What your Texas LLC files next
Annual Report Requirements for a Texas LLC, Set by Revenue
The PIR is not the annual franchise tax report. Every LLC files the PIR (apart from a new veteran-owned business during its first five years and a qualifying passive entity); the franchise tax report, the Texas franchise tax return itself, is added only by an LLC whose revenue is above the no tax due threshold.
Since the 2024 report year, an LLC at or below the no tax due threshold files nothing but the PIR: Senate Bill 3 of 2023 raised the threshold and the Comptroller then discontinued the No Tax Due Report (Form 05-163). Few states charge nothing: LLC annual report fees in other states run up to several hundred dollars.
| Total revenue (2026 and 2027 reports) | What the LLC files by May 15 |
|---|---|
| $2,650,000 or less | PIR (Form 05-102) only. No tax, no fee. |
| Above, up to $20 million | PIR plus a franchise tax report: the E-Z Computation Report (Form 05-169, rate 0.331%) or the Long Form (Form 05-158, 0.375% retail or wholesale, 0.75% other) |
| Above $20 million | PIR plus the Long Form, at 0.375% for retail or wholesale and 0.75% for other businesses |
The threshold is measured on annualized total revenue, not on Texas sales alone; the Comptroller’s page on making a franchise tax account current notes that annualized total revenue “is only used to determine if you qualify for the no tax due threshold.” It is revised every two years:
An LLC files the PIR, never the Ownership Information Report (Form 05-167): the PIR and OIR page reserves the OIR for entities other than corporations, LLCs, limited partnerships, professional associations and financial institutions. Federal tax treatment changes nothing, so a single-member LLC taxed as a sole proprietorship files too, and a series LLC files one PIR for the whole series.
How the PIR Is Filed Online on Webfile
Webfile asks for two numbers, the 11-digit taxpayer number and the Webfile number. Both appear on the notification letter the Comptroller mails to each taxable entity about six weeks before May 15.
The Webfile page places the XT number in the upper right corner of that letter and in the top left corner of any delinquent notice.
Without the letter, the Comptroller’s automated line, 1-800-442-3453, gives the XT number around the clock to a caller who can quote a figure from a previously filed report, such as total revenue, or mails it otherwise. To check the LLC’s exact registered name first, a Texas company lookup finds it by name.
The 2026 form (05-102) has a circle to blacken when nothing has changed from the previous year. Otherwise it lists:
- the principal office and principal place of business
- each officer and director (Section A), with title, mailing address and term expiration
- any company in which the LLC owns 10% or more, and any company owning 10% or more of the LLC
- Public
- The form states that the information “will be available for public inspection,” and the names appear on the Comptroller’s website. Under Tax Code 171.203(d), the signer also certifies that a copy went to each person named who is not an employee of the LLC.
- Signature
- An officer, director, member or other authorized person signs; filing on Webfile satisfies the signature.
- By mail
- P.O. Box 149348, Austin, TX 78714-9348.
- Registered agent
- Not changed through the PIR: that takes Form 401 at the Texas Secretary of State, a $15 filing.
- Corrections
- A change of officers after filing waits for the next PIR; to correct an error sooner, an amended PIR goes by mail with “Amended” written at the top and a statement explaining the change.
The First PIR and the Weekend Rule
An LLC files its first PIR by May 15 of the year after its Texas LLC registration with the Secretary of State, however late in the year that was.
The Comptroller’s franchise tax FAQ gives the example of an entity registered on December 20, 2023, which files a 2024 “first annual” report showing 12/20/2023 as the start of its accounting year.
For a foreign LLC, the first report runs from its Texas registration or from the day it began doing business in Texas.
When May 15 falls on a weekend or holiday, the report is due the next business day: May 15, 2027 is a Saturday, so the 2027 PIR is due Monday, May 17, 2027. Form 05-164, filed by the original due date, extends the report to November 15.
Forms 05-211, 05-212 and 05-213: What a Missed PIR Triggers
“There is no $50 penalty for late filing a PIR or OIR.” (Comptroller, tax notices)
The $50 applies to each franchise tax report filed after the due date, so to LLCs above the threshold, with 5% of the tax if paid 1 to 30 days late, 10% after 30 days, and interest from the 61st day. For an LLC that owes only the PIR, the consequence of not filing is forfeiture, which the Comptroller and then the Secretary of State carry out:
- May 15
PIR due. Email reminders go out before each of the notices below.
- Form 05-211 (mailed in July and August in 2026)
Notice of Intent to Forfeit Right to Transact Business. The 2026 notices concerned 2026 reports.
- At least 45 days later: Form 05-212
Notice of Forfeiture of Right to Transact Business. The LLC is generally denied the right to sue or defend in a Texas court, and its officers, directors and members become liable for certain of its debts. Reviving the LLC does not erase that liability (Tax Code 171.255(d)).
- 120 days or more after that: Form 05-213
The Secretary of State may forfeit the LLC’s registration. The 05-213 notices of summer 2026 concerned 2025 reports.
Setting Aside a Tax Forfeiture
The Comptroller’s reinstatement page sets out four steps; the Secretary of State accepts the request at any time after forfeiture.
- File every outstanding PIR, plus any franchise tax report due.
- Pay any tax, penalty and interest owed.
- Request the tax clearance letter on Webfile or with Form 05-391; after a payment, wait 2 to 3 business days.
- Send the letter (Form 05-377) with Form 801 and the $75 fee to the Secretary of State through SOSPortal.
The Secretary of State rejects the application if another entity now holds a name that is not distinguishable from the LLC’s.
Good Standing Proof and Renewal: Nothing to Buy
For proof that an LLC is in good standing, the Comptroller points to a printout of its Taxable Entity Search, which is free. The Certificate of Account Status is required only to terminate an LLC, and the Comptroller says it “is not required by banking institutions.”
A Texas LLC has no renewal either: the yearly PIR is the whole obligation under the threshold. A company that charges to file the PIR is billing for its own service; the Comptroller charges nothing.
