Missing the May 15 Texas franchise tax deadline is more common than you think — and it's fixable. But the clock is running. The moment you're late, a $50 penalty attaches automatically. If you owe any tax, add 5% more in the first 30 days, or 10% after that. Keep ignoring it and Texas can forfeit your LLC's right to do business in the state. Here's what to do right now.
Step 1: Don't panic — but do act fast
Late is not the same as forfeited. As long as your LLC hasn't been officially forfeited by the Texas Comptroller, you can file late and pay the penalty without losing your entity. Every day you wait, however, moves you closer to the 30-day mark where the penalty jumps from 5% to 10% — and then toward potential forfeiture.
Check your current status immediately at the Texas Comptroller's Taxable Entity Search. Search by your LLC name or EIN. You'll see:
- Your current account status (Active, Forfeited, or Involuntarily Ended)
- Which report years are delinquent
If your LLC is already showing as Forfeited, stop here and read our guide on how to reinstate a forfeited Texas LLC. The reinstatement process has additional steps. If you're still Active, keep reading.
Step 2: Know exactly what you owe
Before you file, understand what your penalty will be. The Texas franchise tax late-filing structure is straightforward:
| Days After May 15 | Late Filing Fee | Penalty on Tax Owed |
|---|---|---|
| 1–30 days late | $50 | 5% of any tax owed |
| 31+ days late | $50 | 10% of any tax owed |
| 61+ days late | $50 + interest | 10% + interest on tax owed |
Common mistake: Many small LLC owners assume that because they owe $0 in franchise tax, the penalty doesn't apply. Wrong. The $50 late filing fee attaches regardless of whether any tax was owed. The 5%/10% penalty only applies to the tax balance itself — so if you truly owe $0, your only penalty is the $50 flat fee.
Step 3: File the franchise tax report right now
Go to the Comptroller's WebFile portal and log in or create an account. You'll file the appropriate report based on your revenue:
- EZ Computation (Form 05-169) — if your annualized total revenue was $2,650,000 or less for the report year
- Long Form (05-158-A/B) — if your revenue exceeded $2,650,000
Most small Texas LLCs will use the EZ Computation form. See our Texas Franchise Tax EZ Computation guide for a line-by-line walkthrough.
Estimated time: 15–30 minutes for a straightforward filing.
Common mistake: Filing only the franchise tax form and forgetting the Public Information Report. Both are due together on May 15. A late franchise tax filing without the PIR can still result in forfeiture. See Step 4.
Step 4: File the Public Information Report (PIR) too
The Public Information Report (Form 05-102) is a required companion filing to the franchise tax report. It lists your LLC's registered agent, principal office address, and officers or managers. Texas requires it from all LLCs, corporations, and LPs — and it's due on the same May 15 deadline.
File Form 05-102 through the same WebFile portal at the same time as your franchise tax report. There is no separate filing fee for the PIR.
Why this matters: Under Texas Tax Code §§ 171.251, 171.252, and 171.255, failing to file a completed and signed PIR can trigger forfeiture of entity privileges — even if you paid all your franchise taxes. Officers and directors then become personally liable for entity debts. Don't skip it.
For a full walkthrough of the PIR, see our Texas Public Information Report guide.
Step 5: Pay what you owe
After filing, pay any balance due through WebFile. If you owe $0 in franchise tax, the only balance is the $50 late filing fee. Pay it through the portal.
Keep a copy of your payment confirmation. If the Comptroller ever questions your filing, you'll want proof of both the filing date and the payment.
Step 6: Confirm your LLC is back in good standing
After filing and paying, wait 24–48 hours and then return to the Taxable Entity Search to confirm your account status reads Active. Comptroller systems don't always update in real time.
If your status still shows as delinquent after 48 hours, contact the Comptroller's Franchise Tax division directly. Processing delays happen, especially around the May filing rush.
Quick reference: penalty timeline
| Detail | Info |
|---|---|
| What | Texas Franchise Tax Report (annual) |
| Who | All Texas LLCs, corporations, LPs, LLPs, PAs |
| Normal deadline | May 15 annually |
| Where to file | comptroller.texas.gov/taxes/franchise/ |
| Forms | EZ Computation (05-169) or Long Form (05-158-A/B) |
| Late penalty | $50 flat + 5% on tax owed (days 1–30) or 10% (day 31+) |
| Companion filing | Public Information Report (Form 05-102) — same deadline |
| Worst case | Forfeiture under TX Tax Code § 171.251; personal liability under §§ 171.252, 171.255 |
FAQ
What is the penalty for filing Texas franchise tax late?
A $50 late filing fee applies the moment you miss the May 15 deadline. If you owe any franchise tax, you'll also owe 5% of that amount if you file within the first 30 days late, or 10% if you file more than 30 days after the due date. Interest begins accruing 61 days after the due date.
Do I have to file Texas franchise tax even if I owe nothing?
Yes. Every Texas LLC must file a franchise tax report annually — even if your revenue is below the $2,650,000 no-tax-due threshold. The report requirement and the tax owed are separate obligations. Missing the filing triggers the $50 penalty regardless of whether you owed any tax.
Can I get a penalty waiver for a late Texas franchise tax filing?
Texas does not have a formal first-time penalty abatement program for franchise tax the way the IRS does for federal taxes. You can contact the Comptroller's office to discuss your situation, but penalty waivers are discretionary and not guaranteed. Filing as soon as possible limits the penalty to 5% rather than 10%.
How long before Texas forfeits my LLC for not filing franchise tax?
Texas law does not set a fixed number of days between a missed filing and forfeiture. The Comptroller can issue a forfeiture after a report goes delinquent, and in practice forfeitures happen relatively quickly — sometimes within the same tax year. Filing late is far better than not filing at all.
Does a late franchise tax filing also affect my Public Information Report?
Yes. The Public Information Report (Form 05-102) is filed alongside the franchise tax report and has the same May 15 deadline. If you missed your franchise tax filing, you almost certainly missed your PIR too. Filing just the franchise tax report without the PIR can still result in forfeiture.
Not sure what else your Texas LLC owes?
Most business owners are surprised by how many filing obligations they have. Ortholo's free compliance checker shows you everything you owe, when it's due, and what happens if you miss it — personalized to your entity.
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Sources: Texas Comptroller — Franchise Tax | Texas Comptroller — PIR/OIR Requirements | Texas Tax Code §§ 171.251–171.255