When a taxable entity in Texas decides it's time to conclude its business operations or unregister, navigating the legal framework efficiently becomes imperative. The 05-359 form, or Request for Certificate of Account Status to Terminate a Taxable Entity’s Existence in Texas or Registration, emerges as a critical tool in this process. This form, meticulously designed by the Texas Comptroller’s Office, serves as a request for confirmation that the entity has satisfied all tax obligations under Title 2 of the Texas Tax Code, ensuring a smooth termination or withdrawal. Entities need to disclose their legal name, taxpayer number, and related details, further clarifying their status regarding affiliation with groups that might necessitate a combined report, alongside their accounting year specifications. Whether the entity was Texas-formed or established outside but operated within, compliance with specific requirements helps facilitate the intended termination, merger, or entity conversion. Moreover, the process to receive the certificate, which can be via fax, email, or mail depending on the entity's choice, is outlined clearly, along with guidance for entities needing to reinstate forfeited certificates or registrations. This procedure is not just a formality but a critical step to ensure all tax responsibilities are concluded, allowing for a legal closure or transition of the business. Assistance through the process is readily available, both online and via direct contact with the Comptroller’s Office, underscoring the support system in place for navigating this significant transition.
| Question | Answer |
|---|---|
| Form Name | 05 359 Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names |
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
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? |
YES |
If “YES,” this entity’s information must be included in the combined group report. If “NO,” enter the following information:
NO
NO
This entity’s |
month |
day |
year |
|
accounting year |
||||
|
|
|
begin date............................................
The day before the combined |
month |
day |
year |
group’s accounting year |
|
|
|
begin date............................................
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 -
1. Is the entity still conducting business in Texas? ..........................................................................................................................
month |
day |
year |
YES
NO
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:
month |
day |
year |
Termination effective date .........................
YES
NO
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? |
YES |
Please indicate how you would like to receive your certificate:
NO
|
FAX number |
Telephone number |
FAX |
(area code and number)________________________________ (area code and number) ___________________________________ |
|
Email address ______________________________________________________________________________________________ |
||
Mailing address ______________________________________ City _____________________ State _______ ZIP code __________ |
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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
Mail to: Comptroller of Public Accounts P.O. Box 149348
Austin, TX
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.