5 359 Form Texas PDF Details

In the complex ecosystem of Texas business law, the 05-359 form plays a crucial role for entities looking to conclude their operations within the state. Officially known as the Request for Certificate of Account Status to Terminate a Taxable Entity’s Existence in Texas or Registration, this document is pivotal for businesses ending their legal existence or registrations in Texas. To comply, entities must fulfill all tax filing requirements under Title 2 of the Texas Tax Code and ensure the closure of all related tax accounts. The form requires detailed information, including the entity's legal name, taxpayer number, and whether it is part of an affiliated group filing a combined report. Additionally, it distinguishes between Texas-formed entities and those formed outside of Texas, each with specific directives for termination, merger, or entity conversion. Requesting the Certificate of Account Status involves a comprehensive process, including the potential need for reinstatement in cases of forfeited certificates or registrations. This form also outlines options for receiving the certificate, emphasizing the blend of online and offline communication with the Texas Comptroller's office. Moreover, the document highlights the essential steps for entities to officially dissolve or end their operations in Texas, marking a critical transition point facilitated by the state's regulatory framework.

QuestionAnswer
Form Name5 359 Form Texas
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other names05 359, request taxable, form 05 359 texas comptroller, form tx 05

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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?

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 - 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? ..........................................................................................................................

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) ___________________________________

.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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