Texas Annual Report: Franchise Tax & Due Date (2026)

Q: Does Texas require an annual report for an LLC?

Not in the conventional sense. Texas has no annual report filed with the Secretary of State for LLCs. Instead, every taxable entity files an annual franchise tax report with the Texas Comptroller, which includes a Public Information Report (Form 05-102) for most LLCs. It is due May 15 and has no filing fee.

Q: When is the Texas franchise tax report due?

The annual franchise tax report is due May 15 each year. If May 15 falls on a weekend or legal holiday, the due date moves to the next business day. Entities at or below the no-tax-due threshold still must file the Public Information Report.

Q: How much does the Texas annual report cost?

There is no filing fee for the franchise tax report or the Public Information Report. You may owe franchise tax if your annualized total revenue exceeds the no-tax-due threshold, which is $2,650,000 for report years 2026 and 2027, but the report itself carries no fee.

Q: What is the penalty for filing the Texas franchise report late?

A $50 penalty applies to each report filed after its due date. If tax is owed, a 5% penalty is added when paid 1-30 days late, and an additional 5% (10% total) when more than 30 days late, with interest after 60 days. Continued failure can forfeit the right to transact business.

Q: How do I file the Texas franchise tax report?

File electronically through the Texas Comptroller's Webfile system, or by paper using the franchise tax report forms and Public Information Report (Form 05-102). Most LLCs file the No Tax Due information and Public Information Report together through Webfile.

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

Texas has no traditional annual report for LLCs. The equivalent annual filing is the franchise tax report and Public Information Report (Form 05-102) filed with the Texas Comptroller, due May 15 each year, with no filing fee. Missing it triggers a $50 penalty and, if ignored, forfeiture of the LLC's right to transact business.

Quick Answer

Annual report?: None with the Secretary of State - Texas uses a franchise tax filing
What you file: Franchise tax report + Public Information Report (Form 05-102)
Agency: Texas Comptroller of Public Accounts (not the Secretary of State)
Due date: May 15 each year (next business day if a weekend/holiday)
Filing fee: $0 - no fee for the report
Late penalty: $50 per report, plus 5%–10% of any tax due

Does Texas Have an Annual Report?

Texas is unusual: it does not require the kind of "annual report" that most states collect through their Secretary of State. There is no yearly entity report and no annual registration fee to keep a Texas LLC in good standing with the Secretary of State. Because so many states use the term, people searching for a "Texas annual report" are almost always looking for the recurring filing that Texas actually requires - the franchise tax report, filed with the Texas Comptroller of Public Accounts.

The distinction matters for two reasons. First, the filing goes to a different agency - the Comptroller, not the Secretary of State. Second, it is tied to the state's franchise tax system, so the same filing that keeps your entity compliant is also the mechanism for reporting and paying franchise tax. (A separate periodic report does exist for certain nonprofit corporations and is requested by the Secretary of State on an irregular cycle, but standard for-profit LLCs do not file it.) For the tax itself, see Texas LLC cost and the national business tax hub.

The Franchise Tax Report and Public Information Report

Every taxable entity formed in or doing business in Texas - including LLCs - must file an annual franchise tax report with the Comptroller. For most LLCs the annual package has two parts: the franchise tax report itself (the No Tax Due information for smaller entities, or a full report on Form 05-158 with the EZ Computation on Form 05-169 as an option for larger entities), and the Public Information Report (Form 05-102), which lists the LLC's officers, directors or managers, and registered agent. The forms are on the Comptroller's franchise tax forms page.

The Public Information Report is the piece that most resembles an "annual report" in other states, because it updates the entity's management and registered agent information on the public record. Filing it keeps the Comptroller's records current. The filing requirements page explains which report a given entity must file based on its revenue.

Who Must File and the No-Tax-Due Threshold

All Texas LLCs must file, even if they owe no tax. Whether you owe franchise tax depends on the no-tax-due threshold: for report years 2026 and 2027, an entity whose annualized total revenue is at or below $2,650,000 owes no franchise tax. Above that, the entity calculates tax on its taxable margin. The threshold and rates are published on the Comptroller's franchise tax page.

A key rule change took effect with the 2024 report year: an entity at or below the no-tax-due threshold is no longer required to file a separate No Tax Due Report, but it must still file the required information report - the Public Information Report (Form 05-102) for most LLCs, or the Ownership Information Report (Form 05-167) for certain entities. In other words, being below the threshold removes the tax, not the annual filing obligation. If you are forming a new LLC, review how to form an LLC in Texas for where this fits.

Due Date: May 15

The annual franchise tax report is due May 15 each year, covering the prior calendar year's activity. If May 15 falls on a weekend or a legal holiday, the due date moves to the next business day. A newly formed LLC's first report is due the May 15 following the year it was formed, so a company organized in one year files its first franchise report the next spring.

If you need more time, the Comptroller allows an extension request, but an extension of time to file is not an extension of time to pay any tax owed - tax paid after the original due date can still accrue penalty and interest. Because the deadline is fixed at May 15 rather than an entity-specific anniversary, it is easy to calendar. See when business taxes are due for how this fits with federal deadlines.

How to File the Report

The Comptroller's electronic Webfile system is the standard way to file. Through the Comptroller's file and pay tools you can submit the Public Information Report and the franchise tax report together, and pay any tax due by electronic funds transfer or credit card. Paper filing is available using the forms from the franchise tax forms page.

Before you file, have your entity's taxpayer number, your Webfile number (sent by the Comptroller), and your revenue figures ready. Most small LLCs at or below the threshold complete the process in minutes because there is no tax to compute - only the Public Information Report and the no-tax-due confirmation. Keep a copy of the filed report and confirmation for your records, and update your registered agent details if they changed.

What the Texas Annual Filing Costs (2026)

The report itself is free; the only money involved is any franchise tax owed above the threshold. The table summarizes the amounts, verified against the Comptroller.

Item	Form	Amount (2026)	Agency
Franchise tax report	Webfile / Form 05-158	$0 filing fee	Comptroller
Public Information Report	Form 05-102	$0 filing fee	Comptroller
No-tax-due threshold (2026–2027)	-	$2,650,000 revenue	Comptroller
Late-filing penalty	-	$50 per report	Comptroller
Secretary of State annual report	-	Not required for LLCs	Secretary of State

Compare this with formation and ongoing costs at Texas LLC cost and the multi-state view at how much an LLC costs.

Penalties and Late Fees for Missing It

Missing the franchise tax report carries escalating consequences under Tax Code Chapter 171. A $50 penalty is assessed on each report filed after its due date, separate from any tax penalty. If tax is owed and paid late, a 5% penalty applies when paid 1–30 days late, and an additional 5% (for a total of 10%) when paid more than 30 days late. Interest begins to accrue on unpaid tax after 60 days past the due date. The Comptroller's filing requirements page describes these rules.

Even an LLC that owes no tax can be penalized $50 for filing the required information report late, which is why staying on the May 15 calendar matters regardless of revenue. Setting a recurring reminder - or filing early once your prior-year numbers are known - is the simplest safeguard.

Forfeiture and Reinstatement

If an LLC continues to ignore the franchise tax report, the Comptroller can escalate beyond penalties to forfeiture. Under Tax Code Chapter 171, the Comptroller may forfeit the entity's right to transact business in Texas and its corporate privileges, and the Secretary of State can forfeit the entity's charter or certificate. A forfeited LLC generally cannot sue or defend a lawsuit in Texas courts, and forfeiture can expose managers or directors to personal liability for certain debts incurred during the forfeiture period.

Reinstatement requires filing all delinquent reports, paying the tax, penalties, and interest owed, and obtaining a Certificate of Account Status showing the account is current - the same account-status process used when closing a business. If you are winding the LLC down rather than catching up, see how to dissolve an LLC in Texas, which also requires clearing franchise tax first.

Frequently Asked Questions

Does Texas require an annual report for an LLC?

Not in the conventional sense. Texas has no Secretary of State annual report for LLCs. Instead you file an annual franchise tax report with the Comptroller, including a Public Information Report (Form 05-102) for most LLCs. It is due May 15 and has no filing fee.

When is the Texas franchise tax report due?

May 15 each year, moving to the next business day if the 15th is a weekend or legal holiday. Entities at or below the no-tax-due threshold still must file the Public Information Report.

How much does the Texas annual report cost?

There is no filing fee. You may owe franchise tax if annualized revenue exceeds the no-tax-due threshold of $2,650,000 for 2026 and 2027, but the report itself carries no fee.

What is the penalty for filing the Texas franchise report late?

A $50 penalty applies to each report filed late. If tax is owed, a 5% penalty is added at 1–30 days late and an additional 5% (10% total) after 30 days, with interest after 60 days. Continued failure can forfeit the right to transact business.

How do I file the Texas franchise tax report?

Electronically through the Comptroller's Webfile system, or on paper using the franchise tax forms and Public Information Report (Form 05-102). Most LLCs file the no-tax-due information and Public Information Report together.

What happens if I never file the Texas franchise report?

The Comptroller can assess penalties and interest and ultimately forfeit the entity's right to transact business under Tax Code Chapter 171. Forfeiture can expose managers to personal liability and blocks the LLC from suing in Texas courts until it is reinstated.

Sources

Texas Comptroller - Franchise Tax (no-tax-due threshold $2,650,000 for 2026–2027; May 15 due date).
Texas Comptroller - Franchise Tax Filing Requirements (Public Information Report; $50 penalty; late penalties and interest).
Texas Comptroller - Franchise Tax Forms (Form 05-102 Public Information Report; Form 05-158; Form 05-167).
Texas Comptroller - File and Pay (Webfile) (electronic filing method).
Texas Comptroller - Reinstating or Terminating a Business (Certificate of Account Status) (forfeiture and reinstatement).
Texas Comptroller - Texas Taxes overview (no personal income tax).
Texas Statutes - Tax Code Chapter 171 (franchise tax; penalties; forfeiture of the right to transact business).
Texas Secretary of State - Business Organizations Code Forms (no LLC annual report; entity filings).
Texas Secretary of State - Nonprofit Organizations (periodic report applies to nonprofit corporations, not for-profit LLCs).
Office of the Governor - Start a Business in Texas (compliance overview).
IRS - Limited Liability Company (LLC) (federal tax classification).
Cornell Law School LII - Franchise tax (definition).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, thresholds, and due dates change; verify current requirements with the Texas Comptroller before acting.