The 5 359 Texas form, also known as the Request for Certificate of Account Status, is essential for any entity wishing to terminate its legal existence or registration in Texas. This form ensures that all tax obligations are met and accounts are closed before an entity can officially cease operations. If you're ready to navigate this process, fill out the form by clicking the button below.
When filling out the 5 359 Texas form, it is crucial to follow specific guidelines to ensure a smooth process. Below is a list of things you should and shouldn't do.
05-359 (Rev.2-17/13)
Request for Certificate of Account Status to
Terminate a Taxable Entity’s Existence in Texas or Registration
An entity that intends to terminate its legal existence or registration must satisfy filing requirements for all taxes administered by the Comptroller under Title 2 of the Texas Tax Code. In addition, all accounts for those taxes must be closed. To determine if the entity is current in tax requirements, or to close any open tax accounts, call us at 1-800-252-1381 or 512-463-4600. More information about this process is available online at www.comptroller.texas.gov/taxes/franchise/.
Section A - Entity Information
Entity’s legal name
Taxpayer number
File number (from the Texas Secretary of State)
1. Is the entity a member of an affiliated group that will be required to file a combined report?
YES
If “YES,” enter the following information for the entity that will report on your behalf. If “NO,” skip to Section B.
Legal name of reporting entityTexas taxpayer number / FEI number
2. Is the entity’s accounting year begin date on or after the combined group’s accounting year
begin date on its franchise tax report?
If “YES,” this entity’s information must be included in the combined group report. If “NO,” enter the following information:
NO
This entity’s
month
day
year
accounting year
begin date............................................
The day before the combined
group’s accounting year
Section B - Texas Entity - If the entity was formed in Texas, indicate the filing for which the certificate is required.
Termination
Merger
Entity conversion
Section C - Non-Texas Entity - If the entity was formed outside of Texas, please complete the following information.
1. Is the entity still conducting business in Texas? ..........................................................................................................................
2.If “NO,” enter the entity’s last day of business in Texas ...........................................
3.Does the entity currently have an active charter in its home state?............................................................................................
4.If “NO,” indicate the type and date of termination:
Termination effective date .........................
Merger effective date.................................
Entity conversion effective date.................
Name of survivor_______________________________________
NOTE: If the home state charter has been terminated, home state documentation must be included. The home state documentation must bear the seal of the appropriate filing agency and the effective date of the filing.
Section D - Receiving Your Certificate
Does this entity have a forfeited certificate or registration that needs to be reinstated before ending its existence
or registration in Texas?
Please indicate how you would like to receive your certificate:
FAX number
Telephone number
FAX
(area code and number)________________________________ (area code and number) ___________________________________
.PDF
Email address ______________________________________________________________________________________________
Mail
Mailing address ______________________________________ City _____________________ State _______ ZIP code __________
You can file documents online with the Secretary of State using SOSDirect at www.sos.state.tx.us/corp/sosda/index.shtml.
Your account will be reviewed to determine eligibility. If eligible, a certificate will be sent using the format selected. If not eligible, we will notify you in writing what is required to be eligible. All requests are processed in the order they are received regardless of the format you select. Assistance is also available at your local field office. Field office locations are available online at www.comptroller.texas.gov/about/contact/locations.php.
Your name (Please type or print)
Phone number and extension
Authorized agent
Visit us online at www.comptroller.texas.gov/taxes/franchise/
or call 1-800-252-1381 or 512-463-4600.
Mail to: Comptroller of Public Accounts P.O. Box 149348
Austin, TX 78714-9348
Under Ch. 559, Government Code, you are entitled to review, request and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at the address or phone number listed on this form.
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When dealing with the termination of a taxable entity’s existence in Texas, several forms and documents may be required alongside the 5 359 Texas form. Each of these documents plays a crucial role in ensuring compliance with state regulations. Below is a list of commonly used forms that you may need to consider.
Understanding these forms and their purposes can greatly streamline the process of terminating your entity’s existence in Texas. Be sure to gather all necessary documents to avoid delays and ensure compliance with state regulations.
Filling out the 5-359 Texas form can be a straightforward process, but there are common mistakes that individuals often make. Understanding these errors can help ensure that the form is completed accurately and efficiently.
One frequent mistake is failing to provide the entity’s legal name as registered with the Texas Secretary of State. It is crucial to ensure that the name matches exactly, as discrepancies can lead to delays or rejections of the request. Incomplete or incorrect information can result in the need to resubmit the form.
Another common error involves not including the taxpayer number or file number. These numbers are essential for identifying the entity in the state’s records. Omitting them can cause confusion and may prolong the processing time. Always double-check these numbers before submission.
Some individuals mistakenly overlook the section regarding the entity’s status in relation to an affiliated group. If the entity is part of a combined group, the form requires additional information about the reporting entity. Failing to answer this question accurately can lead to complications in processing the request.
In Section B, individuals may incorrectly indicate the purpose of the certificate. Whether it is for termination, merger, or entity conversion must be clearly marked. Misunderstanding the purpose can result in the issuance of an incorrect certificate.
For non-Texas entities, a common mistake is not confirming whether the entity is still conducting business in Texas. This question is critical, as it determines the next steps in the process. If the entity has ceased operations, the last day of business must be provided, and failure to do so can lead to unnecessary delays.
Another area of confusion arises in Section D, where individuals must indicate how they wish to receive their certificate. Some may forget to include their contact information, such as a fax number or email address. Without this information, the request may not be processed correctly.
Additionally, failing to include the required home state documentation for non-Texas entities can lead to complications. This documentation must bear the appropriate seal and effective date. Neglecting this requirement can result in the denial of the request.
Lastly, individuals often overlook the importance of providing a clear mailing address. Incomplete or incorrect addresses can cause delays in receiving the certificate. It is essential to ensure that all details are accurate to avoid any issues.
By being aware of these common mistakes, individuals can take the necessary steps to complete the 5-359 Texas form correctly, ensuring a smoother process for terminating a taxable entity’s existence or registration.
Here are four common misconceptions about the 5 359 Texas form:
This is incorrect. While the form is designed for entities that are terminating their existence in Texas, it also applies to entities formed outside of Texas that have conducted business in the state.
Filing the form does not automatically lead to termination. The entity must first meet all tax obligations and close any open tax accounts before the termination is processed.
This is false. All taxes administered by the Comptroller must be satisfied, and any open accounts must be closed before you can successfully terminate the entity.
While the entity owner typically submits the form, an authorized agent can also file it on behalf of the entity. Proper authorization must be provided.
Filling out the 5-359 Texas form requires careful attention to detail. This form is essential for entities looking to terminate their existence or registration in Texas. Ensure that all necessary information is accurate and complete before submission.