Texas IRA LLC Compliance
Last Verified: January 31, 2026
Why is state compliance important for my IRA LLC?
To maintain the legal protections provided by your IRA LLC structure, you must keep the entity in "Good Standing" with the state of Texas. This requires submitting periodic informational updates and maintaining compliance with state Franchise Tax regulations. Failure to meet these requirements can lead to the administrative dissolution or termination of your IRA LLC, which may freeze your plan’s bank accounts and jeopardize the tax-advantaged status of your retirement assets.
1. What are the annual filing requirements for a Texas IRA LLC?
Primary Filing: Franchise Tax Public Information Report (Form 05-102)
Due Date: May 15th.
Due date for first year filing: May 15th of the year following the year the IRA LLC was formed.
Earliest date you may file: January 1st of the report year.
State Filing Fee: $0.00
Late Penalty: $50.00 (Assessed automatically if the May 15 deadline is missed).
Portal: Texas Comptroller Webfile
2. How do I pay state filing fees for my IRA LLC?
All state-level filing fees for your IRA LLC must be paid directly from the LLC's capital to avoid prohibited transaction violations.
Online Filing: Use the IRA LLC’s business debit card for immediate processing through the state portal.
Mail Filing: If submitting by mail, use a physical check issued from the IRA LLC bank account.
Prohibited Act Warning: Paying operating expenses such as state fees with personal funds is an "Extension of Credit" to your retirement plan and may result in a prohibited transaction.
3. What is the 2026 Texas "No Tax Due" threshold?
Texas applies a franchise tax on businesses only if their annualized total revenue exceeds a specific threshold.
Tax Threshold: For the 2026 report year, entities with annualized total revenue at or below $2.65 million do not owe franchise tax.
Mandatory Filing: While you may not owe tax, you must still file the Public Information Report (Form 05-102) annually to satisfy state requirements.
Discontinued Forms: The "No Tax Due" Information Report (Form 05-163) has been discontinued as of the 2024 report year. You satisfy the reporting requirement solely via the Public Information Report.
Non-Resident Addresses: If you utilize a commercial registered agent, their address will be associated with the account by default. We recommend updating this to your own address in the Comptroller’s records to ensure you receive tax notices directly.
4. How do I check my Texas IRA LLC status online?
You can verify if your entity has the "Right to Transact Business in Texas" at any time.
Search Tool: Texas Taxable Entity Search
What to look for: Search by your IRA LLC name or 11-digit Texas Taxpayer Number. The status should reflect "ACTIVE" to confirm all filings are current.
Address Updates: If your IRA LLC address or registered agent changes, it is your responsibility to notify both the Secretary of State and the State Comptroller.
5. How do I restore my IRA LLC to "Good Standing"?
If your IRA LLC has been terminated or its right to transact business has been forfeited due to a missed filing, you must follow the Texas reinstatement process:
- Step 1: File Missing Reports: You must file all delinquent Public Information Reports (Form 05-102) for every year the IRA LLC was non-compliant.
- Step 2: Pay Penalties: Pay the $50.00 late filing fee for each missed year, plus any applicable interest.
- Step 3: Request Tax Clearance: Once filings are processed, you must request a Tax Clearance Letter for Reinstatement (Form 05-377) from the Comptroller.
- Step 4: File with SOS: Submit the tax clearance letter along with an Application for Reinstatement (Form 801) and a $75.00 filing fee to the Secretary of State.
6. Who is responsible for tracking my IRA LLC's deadlines?
While the State of Texas may send reminders via mail or email, it is the sole responsibility of the IRA LLC manager to ensure all filings are submitted by the mandated deadlines.
Automated Notices: Do not rely solely on state notices, as they may be sent to your registered agent or blocked by email filters.
Best Practice: Set a personal recurring calendar reminder for April 15th each year (one month before the deadline) to review your entity status and complete the filing.
7. Who do I contact for Texas state support?
Agency: Texas Comptroller of Public Accounts
Phone: (800) 252-1386 (Status/Good Standing) or (800) 252-1381 (Franchise Tax)
Mailing Address: P.O. Box 13528, Capitol Station, Austin, Texas 78711-3528