Fill Your Texas Ap 114 Form Launch Texas Ap 114 Editor Now

Fill Your Texas Ap 114 Form

The Texas AP 114 form is a Nexus Questionnaire that helps businesses determine their tax obligations in Texas. This form collects essential information about your business activities within the state, ensuring compliance with Texas tax laws. For a smooth process, consider filling out the form by clicking the button below.

Launch Texas Ap 114 Editor Now

Dos and Don'ts

When filling out the Texas AP 114 form, it is important to follow certain guidelines to ensure accuracy and completeness. Here is a list of things you should and shouldn't do:

  • Do provide the correct entity legal name and mailing address.
  • Do check all information for accuracy before submission.
  • Do include a daytime phone number and email address for contact purposes.
  • Do describe your business activities clearly and concisely.
  • Do attach any necessary documentation, such as a list of general partners if applicable.
  • Don't leave any required fields blank; complete every section.
  • Don't provide outdated or incorrect information regarding your business formation.
  • Don't forget to sign and date the form before submitting it.
  • Don't hesitate to contact the Texas Comptroller’s office if you have questions or need assistance.

Sample - Texas Ap 114 Form

AP-114 (Rev.10-01/13)

TEXAS NEXUS QUESTIONNAIRE

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 toll-free number listed on this form.

 

1. Entity legal name and mailing address

 

INTERNAL US E ONLY

 

 

Job type:

MI SCAPP

T code: 0 0 9 9 1

 

 

Taxpayer number:

 

 

 

 

Tax type and reason code:

1 3 2 4

 

 

 

 

 

 

 

 

Reference number:

 

 

 

 

 

File number:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2A. If the information printed above is incorrect, enter the correct information.

 

 

 

 

Entity legal name

Business phone (Area code & number)

Street Address or P.O. Box

City

State

ZIP Code

County Code

2B. Business name ("Doing Business As" or "DBA")

3A. Federal E.I. Number

3B. Does the entity have any Texas tax permit number(s) issued by the Texas Comptroller of Public Accounts - (Sales, Use, Fuels, etc.)? (If yes, please list.)

4. Type of business (If "D" is checked, attach a list of general partners, names, FEIN, and addresses.)

 

 

A. Corporation

 

B. Limited Liability Company

 

C. Sole Proprietorship

 

D. Partnership

 

 

 

E. Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5A. State of formation

 

 

5B. Date of formation

5C. Has the entity been involved in a merger within the last seven years?

5D. Accounting year end

 

 

 

 

 

 

 

(Attach a detailed explanation.)

 

 

YES

 

 

NO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.Do you have a Certificate of Authority to do business in Texas issued by the Texas Secretary of State (SOS)?

(If "YES," please provide the SOS file number and the date issued.)

SOS file number

Date issued

 

 

YES

NO

7. Briefly describe the entity's business activities in Texas.

SIC code

8. Contact person and mailing address

9. Daytime phone (Area code and number)

 

 

 

 

10.

E-mail address

 

 

 

 

11.

Web site address

 

 

 

12. Check the items you have located in Texas.

 

 

A.MANUFACTURING PLANT

B.OFFICE

C.WAREHOUSE (owned or leased)

D.RETAIL OUTLET

E.REAL PROPERTY

F.PERSONAL PROPERTY

G.STOCK OF GOODS, INVENTORY

H.LEASED PROPERTY

I.SPACE IN DEPT. OR CHAIN STORE

J.TERMINAL FACILITY

K.EMPLOYEES

L.INDEPENDENT REPRESENTATIVES

ANS WER THE QUES TIONS BELOW AS THEY PERTAIN TO THE LAS T 7 YEARS .

13. Does the entity do any of the following in Texas (If "YES," indicate beginning date.)

YES

NO

Date

 

 

 

 

 

 

 

 

A. solicitation: have employees, independent contractors, agents, or other representatives in Texas to

 

 

 

 

 

 

 

 

promote or induce sales of the entity's goods or services;

 

 

 

 

 

 

 

 

B.services:

1.provide any service in Texas (regardless of whether the employees, independent contractors,

agents, or other representatives performing the services reside, have a home office or have a place of business in Texas);

2. install, erect, modify, maintain, or repair real or personal property in Texas; or

3. do warranty work in Texas, regardless of whether such warranty work is done by a third party.

C. place of business: maintain a place of business in Texas;

Form AP-114 (Back)(Rev.10-01/13)

YES NO Date

13.(Continued)

D. partners: act as a general partner in a general or limited partnership which is doing business in Texas;

E. contracting: perform a contract in Texas regardless of whether the entity brings its own employees into the state, hires local labor, or subcontracts with another;

F. inventory: have inventory in Texas;

G. real estate: hold, acquire, lease, or dispose of any property located in Texas;

H. shows: the staging of shows or other events in Texas;

I.transportation:

1. carry passengers or property in Texas if both pickup and delivery occur within Texas; or

2.have facilities and/or employees, independent contractors, agents, or other representatives in Texas for storage, delivery, or shipment of goods; for servicing, maintaining, or repairing of vehicles or other

equipment; for coordinating and directing the transportation of passengers or property; or for doing other business of the corporation/LLC;

J. franchisers: enter into one or more contracts with persons or other business entities located in Texas, by which:

1. the franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by the franchiser; and

2.the operation of a franchisee's business pursuant to such plan is substantially associated with the franchiser's trademark, service mark, trade name, logotype, advertising, or other commercial symbol

designating the franchiser or its affiliate;

K. processing: assemble, process, manufacture, or store goods in Texas;

L. advertising: enter Texas to purchase, place, or display advertising when the advertising is for the benefit of another;

M. processing and shipment: send materials to a Texas manufacturer, processor, repairer, or printer to be processed and stored in completed form awaiting orders for their shipment;

N. loan production activities: solicit sales contracts or loans, gather financial data, make credit checks, or perform other financial activities in Texas through employees, independent contractors, agents, or other representatives;

O. holding companies: maintain a place of business in Texas or manage direct, and/or perform services in Texas for subsidiaries or investee corporations/LLCs;

P. federal enclaves: do business in any area within Texas, even if the area is leased by, owned by, ceded to, or under the control of the federal government;

Q. consignments: have consigned goods in Texas;

R. delivering: deliver into Texas items it has sold, in company vehicles;

S. leasing: lease tangible personal property that is used in Texas.

Remarks:

I declare that the information in this document and any attachments is true and correct to the best of my knowledge and belief.

Authorized signature (Officer, director, authorized agent)

Date

Type or print name

Title

PROVIDING COMPLETE AND ACCURATE BUSINESS INFORMATION WILL EXPEDITE

THE PROCESSING OF YOUR QUESTIONNAIRE.

Please return the questionnaire to: Texas Comptroller of Public Accounts 111 E. 17th Street

Austin, TX 78774-0100

For assistance, call 1-800-252-1381 toll free nationwide or in Austin, call 512/463-4600. If you're calling from a Telecommunications Device for the Deaf

(TDD), the toll free number is 1-800-248-4099, or in Austin, 512/463-4621.

More PDF Templates

Documents used along the form

The Texas AP-114 form, known as the Texas Nexus Questionnaire, is an important document for businesses operating in Texas. It helps the Texas Comptroller of Public Accounts gather necessary information about a business's activities within the state. In addition to the AP-114 form, several other forms and documents may be required or beneficial for businesses to complete their registration and compliance processes. Below is a list of these documents along with a brief description of each.

  • Certificate of Formation: This document is filed with the Texas Secretary of State to officially create a corporation or limited liability company (LLC). It includes essential information such as the entity's name, purpose, and registered agent.
  • Franchise Tax Report: This report is required annually for most businesses operating in Texas. It provides the state with information about the business's income and ensures compliance with state tax obligations.
  • Sales and Use Tax Permit Application: Businesses that sell goods or services in Texas must apply for this permit. It allows them to collect sales tax from customers and remit it to the state.
  • Employer Identification Number (EIN): Issued by the IRS, this number is necessary for businesses to report taxes and hire employees. It serves as a unique identifier for the business entity.
  • Texas Secretary of State's Certificate of Good Standing: This certificate verifies that a business is legally registered and compliant with state regulations. It may be required for certain transactions, such as obtaining loans or entering contracts.
  • Partnership Agreement: For businesses structured as partnerships, this document outlines the roles, responsibilities, and profit-sharing arrangements among partners. It is crucial for preventing disputes and ensuring smooth operations.
  • Operating Agreement: Similar to a partnership agreement, this document is vital for LLCs. It details the management structure, member responsibilities, and operational procedures of the company.
  • Business License Application: Depending on the type of business and its location, a specific license may be required to operate legally. This application ensures compliance with local regulations.
  • Assumed Name Certificate (DBA): If a business operates under a name different from its legal name, it must file this certificate. It allows the public to identify the true owner of the business.
  • Tax Exemption Application: Nonprofit organizations or certain businesses may apply for tax-exempt status. This application demonstrates eligibility for exemption from specific taxes, such as sales tax.

Completing the Texas AP-114 form and the accompanying documents is essential for businesses to ensure compliance with state regulations. Each document serves a specific purpose, contributing to a comprehensive understanding of the business's operations and obligations in Texas. It is advisable to review all requirements carefully and seek assistance if needed to navigate the registration process effectively.

Common mistakes

Filling out the Texas AP-114 form can be straightforward, but many individuals make common mistakes that can lead to delays or complications. One frequent error occurs when the entity legal name is not provided accurately. This name must match the official documents of the business. Any discrepancies can cause issues with processing and may require resubmission of the form.

Another common mistake is failing to complete the contact information section thoroughly. This includes the business phone number, email address, and mailing address. Incomplete contact details can hinder communication with the Texas Comptroller’s office, which could delay the processing of the questionnaire.

Some individuals overlook the requirement to indicate whether the entity has a Texas tax permit number. This information is crucial, as it helps determine the entity's tax obligations in Texas. Not listing this number, if applicable, may raise questions and lead to further inquiries.

Additionally, many people do not provide a clear description of the business activities conducted in Texas. This section is essential for establishing the nature of the business and its compliance with Texas regulations. A vague or incomplete description can lead to misunderstandings about the entity's operations.

Another mistake involves neglecting to check all relevant items located in Texas. Section 12 requires individuals to indicate specific items, such as warehouses or offices. Omitting any of these can create gaps in the information provided, which may affect the overall assessment of the entity’s nexus in Texas.

Some applicants also fail to answer the questions regarding the entity's activities in Texas over the last seven years completely. This includes questions about solicitation, services, and contracting. Providing incomplete answers can raise red flags and may result in additional follow-up from the Comptroller’s office.

Moreover, individuals sometimes forget to include the authorized signature on the form. This signature is necessary to validate the information provided. Without it, the form may be considered incomplete and could be rejected.

Lastly, many people do not keep a copy of the submitted form for their records. Retaining a copy is important for future reference and can be helpful if there are any questions or issues that arise after submission. Keeping organized records ensures that all parties have access to the necessary information when needed.

Misconceptions

Understanding the Texas AP 114 form is crucial for businesses operating in Texas. However, several misconceptions can lead to confusion. Here are four common misconceptions:

  • The AP 114 form is only for large corporations. Many believe that only large businesses need to complete this form. In reality, any entity doing business in Texas, regardless of size, must fill it out to ensure compliance with state regulations.
  • Filing the AP 114 is optional. Some think that submitting this form is not mandatory. However, this form is required for entities to accurately report their business activities in Texas, and failure to submit it can lead to penalties.
  • The information on the AP 114 is confidential. There is a misconception that all details provided in the AP 114 are kept private. While certain information may be protected, the Texas Government Code allows for public access to some data, which means not everything is confidential.
  • Once submitted, the information cannot be changed. Many believe that after filing the AP 114, they cannot make corrections. This is incorrect. Entities have the right to review and request corrections to their information as needed.

Addressing these misconceptions is essential for ensuring compliance and avoiding potential issues with the Texas Comptroller's office.

Key takeaways

The Texas AP-114 form, known as the Nexus Questionnaire, is essential for businesses operating in Texas. Here are key takeaways regarding its completion and usage:

  • Accurate Information is Crucial: Ensure that all information provided, such as the entity's legal name and mailing address, is correct. Inaccuracies can lead to delays in processing.
  • Understand Your Business Structure: Clearly indicate your type of business, whether it is a corporation, limited liability company, sole proprietorship, or partnership. This classification affects tax obligations.
  • Tax Permits: If applicable, list any Texas tax permit numbers issued by the Texas Comptroller. This includes permits for sales, use, and fuels.
  • Detail Business Activities: Provide a brief description of the entity's business activities in Texas. This information helps determine tax responsibilities.
  • Disclosure of Physical Presence: Check all items located in Texas, such as offices, warehouses, or employees. This disclosure is vital for establishing nexus.
  • Review Historical Activities: Answer questions about activities in Texas over the last seven years. This includes solicitation, contracting, and inventory management.
  • Signature Requirement: The form must be signed by an authorized individual, such as an officer or director. This signature attests to the truthfulness of the information provided.
  • Submit Promptly: Return the completed questionnaire to the Texas Comptroller of Public Accounts to avoid delays. The address is provided on the form.
  • Seek Assistance if Needed: If you have questions while filling out the form, do not hesitate to contact the Comptroller's office for guidance.

Completing the Texas AP-114 form accurately and thoroughly is essential for compliance with state tax regulations. Proper submission can expedite the processing of your business's tax obligations.

File Characteristics

Fact Name Fact Description
Form Purpose The Texas AP-114 form is a Nexus Questionnaire used to determine an entity's tax obligations in Texas.
Governing Law This form is governed by Chapter 559 of the Texas Government Code.
Information Review Rights Under Chapter 559, individuals have the right to review, request, and correct their information on file.
Entity Information The form requires the entity's legal name, mailing address, and taxpayer number.
Business Type Entities must indicate their type of business, such as corporation, LLC, or partnership.
Texas Tax Permits Entities must disclose if they possess any Texas tax permit numbers issued by the Texas Comptroller.
Certificate of Authority The form asks whether the entity has a Certificate of Authority to do business in Texas.
Business Activities Entities must describe their business activities in Texas, including any physical presence.
Contact Information Contact details such as a daytime phone number and email address are required for correspondence.
Submission Instructions The completed form should be returned to the Texas Comptroller of Public Accounts at the specified address.

How to Use Texas Ap 114

Filling out the Texas AP-114 form is an important step for businesses that engage in activities within Texas. Completing this form accurately ensures that the Texas Comptroller of Public Accounts has the necessary information to process your business activities appropriately. Follow these steps to fill out the form correctly.

  1. Begin by entering your entity legal name and mailing address in the designated fields.
  2. In the Job type section, select the appropriate code from the options provided.
  3. Fill in your taxpayer number and any relevant reference numbers or file numbers.
  4. If any information in the printed section is incorrect, provide the correct details in section 2A.
  5. In section 2B, enter your business name (also known as "Doing Business As" or DBA).
  6. Provide your Federal E.I. Number in section 3A.
  7. Answer section 3B by indicating whether your entity has any Texas tax permit numbers. If yes, list them.
  8. In section 4, select the type of business by marking the appropriate option (e.g., Corporation, LLC, Sole Proprietorship, etc.).
  9. Complete sections 5A, 5B, 5C, and 5D with details about your state of formation, date of formation, merger involvement, and accounting year end.
  10. Answer section 6 regarding the Certificate of Authority to do business in Texas, providing the SOS file number and date if applicable.
  11. In section 7, briefly describe your entity's business activities in Texas and include the SIC code.
  12. Provide the contact person and their mailing address in section 8.
  13. Fill in the daytime phone number, email address, and website address in sections 9, 10, and 11, respectively.
  14. In section 12, check all items that you have located in Texas, such as manufacturing plants, offices, warehouses, etc.
  15. Answer the questions in section 13 regarding your entity's activities in Texas over the last seven years. Indicate "YES" or "NO" and provide any necessary dates.
  16. Finally, sign and date the form in the designated area, ensuring that the information provided is true and correct to the best of your knowledge.

After completing the form, return it to the Texas Comptroller of Public Accounts at the specified address. For any assistance, a toll-free number is available for your convenience.