Texas

Texas LLC With No Revenue: What You Still File by May 15 (2026)

Published September 2026.

A Texas LLC that earned nothing still has one filing a year with the Comptroller. Since 2024 it is shorter than it used to be, and skipping it no longer costs a $50 penalty, which is exactly why owners forget it until the LLC loses its right to do business.

The short answer
If your LLC's annualised total revenue is at or below the no tax due threshold, which is $2.65 million for 2026 reports, you owe no franchise tax. Since the 2024 report year you do not file a No Tax Due Report either. You must still file Form 05-102, the Public Information Report, by May 15. Source: Texas Comptroller, No Tax Due reporting for 2024 and later.

Why a Texas LLC files at all

Every Texas LLC is a taxable entity for the state franchise tax, including single-member LLCs that the IRS disregards. The franchise tax report is the annual filing, due May 15. Revenue below the threshold removes the tax and, since 2024, the tax report itself, but not the information report that tells the state who runs the company.

What changed in 2024

Before 20242024 report year and later
No tax due thresholdLower threshold$2.47 million for 2024 and 2025 reports, $2.65 million for 2026 reports
Report for entities under the thresholdNo Tax Due Report plus the Public Information ReportPublic Information Report only (or the Ownership Information Report for entity types that file that form)
$50 late penaltyCharged on the late No Tax Due ReportThe Comptroller states there is no $50 penalty for a late PIR or OIR; the penalty still applies to franchise tax reports filed late

What the Public Information Report asks

The information is public. It is what appears when someone looks up your LLC on the Comptroller's taxable entity search.

Deadlines, starting with your first year

What happens if you skip it

No $50 penalty is not the same as no consequence. An LLC that does not file its report can have its right to transact business in Texas forfeited by the Comptroller, and the Secretary of State can then forfeit the certificate of formation. Under the Texas Tax Code, forfeiture can also expose the people who run the company to personal liability for debts the LLC takes on afterwards. Getting back requires filing every missing report, obtaining clearance from the Comptroller and reinstating with the Secretary of State, which is far more work than a five-minute form each May.

Checklist for a zero-revenue Texas LLC

  1. Put May 15 in your calendar the day the LLC is approved.
  2. Make sure the registered agent forwards Comptroller mail, so you receive the WebFile number.
  3. File the Public Information Report online each year, even with no revenue.
  4. Update the manager or member names when they change.
  5. Check revenue against the threshold every year; above it, the full franchise tax report and the $50 late penalty apply.

For formation costs and steps, see our Texas LLC guide.

Frequently asked questions

Does a Texas LLC with no revenue have to file anything?

Yes. It owes no franchise tax and, since 2024, files no No Tax Due Report, but it must file Form 05-102, the Public Information Report, with the Comptroller by May 15 every year.

Is there a penalty for filing the Texas Public Information Report late?

The Comptroller states there is no $50 penalty for a late Public Information Report or Ownership Information Report. Not filing at all can still lead to forfeiture of the LLC's right to transact business in Texas.

When is a new Texas LLC's first franchise tax filing due?

On May 15 of the year after formation. An LLC formed in 2026 files its first Public Information Report, or franchise tax report if above the threshold, by May 15, 2027.

Related: How to Start an LLC in Texas

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Checked against the official sources listed above in September 2026. Rules and fees change; confirm with the agency before acting. General information only, not legal or tax advice.