Such entities are subject to state franchise tax and federal income tax on certain income. corporations, LLCs, LPs and financial institutions must register with the secretary of state before transacting business in Texas. The fee for this one-time registration is $750. If the underlying partnership is an LP, the LP must also file a separate application for registration. LLP registrations must be renewed each year. The fee for registration is $200 for each general partner that resides in Texas, but no less than $200 and no more than $750. A foreign business trust has been required to register with the secretary of state if it is transacting business in Texas since January 1, 2006, the effective date of the BOC. If you are unsure whether registration is required, you should consult with your legal counsel. The secretary of state cannot give a legal opinion as to whether a particular foreign entity is "transacting business" in Texas. Texas statutes do not specifically define "transacting business " however, section 9.251 of the BOC lists 16 activities that do not constitute "transacting business." Generally, a foreign entity is transacting business in Texas if it has an office or an employee in Texas or is otherwise pursuing one of its purposes in Texas. businesses transacting business in Texas required to register to transact business in Texas? Are they subject to Texas state franchise taxes?Ī foreign filing entity, as described in section 9.001 of the BOC, must file an application for registration, previously known as an application for certificate of authority, if it "transacts business" in Texas. Does an out-of-state LLP have to register with the secretary of state before it transacts business in Texas? If the underlying partnership of the out-of-state LLP is an LP, does the underlying out-of-state LP also have to register?.Must a foreign business trust qualify or register to transact business in Texas?.Does my foreign entity need to file an application for registration?.Revocation and Reinstatement of a Registration.Termination or Withdrawal of a Registration.
If you have specific legal questions, consult your attorney. The answers to our Frequently Asked Questions are provided for informational purposes and are not intended to provide legal advice or to substitute for the advice of an attorney. SOSDirect: Business Searches & Formations.
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