Texas LLC: No Annual Report, but a Yearly Franchise Tax Report
Texas LLCs file nothing annual with the Secretary of State. The obligation lives with the Comptroller instead: a Public Information Report every year, due May 15, even when your franchise tax is $0. Missing it is the classic Texas compliance error.
Two agencies, two different jobs
The Secretary of State formed your LLC and keeps its formation record, including your registered agent. The Comptroller of Public Accounts runs the franchise tax, and every taxable entity, LLCs included, files annually in that system. The Secretary of State's own FAQ points LLC owners to the Comptroller for annual filings. If you are looking for a Texas "annual report" on the SOS site, you are in the wrong building.
What you file, by revenue
| Your total revenue | What is due each May 15 |
|---|---|
| At or under $2.65 million (2026 and 2027 threshold) | No franchise tax report and no tax. You still file an information report: for an LLC, the Public Information Report (Form 05-102), listing ownership and management. Filing it is free. |
| Above $2.65 million | A full franchise tax report with the Public Information Report, and tax at 0.75% of taxable margin (0.375% for retail and wholesale). Entities under $20 million in revenue may use the EZ Computation at 0.331% of revenue instead. |
The rule that matters: since reports due in 2024, being under the threshold excuses you from the tax report, not from reporting. The Comptroller is explicit that the information report continues every year. Owners who hear "no tax due" and file nothing put the entity itself at risk: the state can move to forfeit the LLC's right to transact business in Texas. One precision most guides miss: the $50 penalty attaches to a late franchise tax report, and the Comptroller states there is no $50 penalty for late filing a Public Information Report alone. The free report is unpenalized and still mandatory, and the information on it (your owners and managers) becomes public record.
Due dates shift the way tax dates do: when May 15 falls on a weekend or a legal holiday, the due date moves to the next business day.
The rest of the Texas recurring list
- Registered agent upkeep: no annual filing, but the record must stay accurate with the Secretary of State, and a commercial agent renews yearly at market price.
- Sales and other activity taxes: through the Comptroller, on their own schedules, based on what the business does.
- No state income tax return for the LLC itself, and no personal income tax for its owners. The franchise tax system is the state's entity-level ask.
Forfeiture and getting the LLC back
Texas enforces this system through forfeiture rather than fines. If franchise tax filings lapse, the Comptroller can forfeit the LLC's right to transact business, and continued failure can end in involuntary termination by the Secretary of State. A forfeited LLC cannot sue in Texas courts, and its owners lose the liability shield's practical protection for new deals while the forfeiture stands. Revival is a defined process: file every delinquent franchise tax report, pay the taxes, penalties, and interest owed, obtain a tax clearance letter from the Comptroller (requested on Form 05-391, issued as Form 05-377), then file the Application for Reinstatement and Request to Set Aside Tax Forfeiture (Form 801) with the Secretary of State for $75. There is no time limit on reinstating after a tax forfeiture. For an involuntary termination that was not tax-related, the reinstatement form is Form 811, also $75. Our dissolution guide covers closing a Texas LLC on purpose, which requires the same Comptroller clearance up front.
Sources, checked Nov 8, 2026
Texas Secretary of State: Form 205 instructions ($300 fee, registered agent rules, SOSPortal), Form 304 instructions ($750 foreign registration), and corporations FAQs (no annual report to SOS, no publication requirement) at sos.state.tx.us. Texas Comptroller: franchise tax overview, rates and thresholds for 2026 and 2027, and Publication 98-806 at comptroller.texas.gov.
General Information Only
LLCForming publishes general information about forming and running an LLC. It is not legal, tax, or accounting advice, and it does not create an attorney or advisor relationship. Rules vary by state and by your situation. For a decision that matters, talk to a licensed attorney or tax professional in your state.