Texas LLC Filing Checklist for Foreign Owners (2026)

A foreign-owned Texas single-member LLC may have both a Texas Public Information Report and federal Form 5472 obligations. For 2026, an entity at or below the $2.65 million no-tax-due threshold generally does not file a No Tax Due Report, but still files its PIR. Form 5472 is separate and depends on reportable related-party transactions.

Texas changed the practical workflow for many small entities, but it did not eliminate every Texas filing and it did not change the IRS Form 5472 rule. A foreign owner needs one revenue workpaper for Texas and one related-party ledger for the IRS.

The Texas Comptroller's franchise-tax guidance says the No Tax Due Report is not available for 2026 reports; an entity with annualised total revenue less than or equal to the no-tax-due threshold is not required to file a No Tax Due Report, but still must file a Public Information Report or Ownership Information Report, and the 2026 threshold is $2.65 million (Texas Comptroller franchise tax). A foreign owner who contributed or withdrew funds should start the Form 5472 package while handling the Texas filing through the Comptroller.

What does a foreign-owned Texas LLC file in 2026?

A foreign-owned Texas LLC should screen for a Texas information report, Texas franchise-tax report route, and federal Form 5472. The threshold changes the Texas franchise-tax form path; it does not answer the federal reporting question.

Requirement	Agency	2026 filing test	Main evidence
Public Information Report (PIR)	Texas Comptroller	Texas LLC generally files annually, including when below the no-tax-due threshold	Manager, officer and ownership information
Franchise-tax report	Texas Comptroller	Filing form depends on revenue, status and entity facts	Texas revenue workpaper
Form 5472 + pro forma 1120	IRS	Foreign-owned disregarded entity had a reportable related-party transaction	Owner transaction ledger
Other Texas tax accounts	Texas Comptroller or workforce agencies	Sales, employees or regulated activity exists	Activity-specific records

The IRS Form 5472 instructions say a reporting corporation includes a foreign-owned U.S. disregarded entity and generally must file Form 5472 when it had a reportable transaction with a related party (IRS Form 5472 instructions). Texas revenue and related-party transactions are different measurements. A zero-revenue LLC can still have reportable owner funding.

Does a zero-revenue Texas LLC file a PIR?

A zero-revenue Texas LLC generally still files a PIR unless a specific exemption applies. The PIR is an information report, not a revenue report.

The Comptroller's PIR/OIR guidance says a Texas corporation, professional association, limited liability company, limited partnership or financial institution must file Form 05-102, Public Information Report, annually to satisfy filing requirements. The same guidance states that the PIR or OIR is due even if the entity does not have to file a franchise tax report because annualised total revenue is at or below the no-tax-due threshold (Texas Comptroller franchise tax).

The same guidance warns that failure to file a completed PIR or OIR can cause forfeiture of the entity's right to transact business, even when no franchise-tax report is required because the entity is at or below the threshold (Texas Comptroller franchise tax).

That is the Texas-side answer. The federal-side answer still depends on whether the foreign owner and LLC had reportable transactions during the tax year.

Does the $2.65 million threshold eliminate Texas tax filings?

The $2.65 million threshold eliminates the 2026 No Tax Due Report for entities at or below the threshold, but it does not eliminate the PIR or OIR requirement. The threshold also does not eliminate federal Form 5472.

For 2026 reports, the Comptroller says entities with annualised total revenue less than or equal to $2.65 million are not required to file a No Tax Due Report, while entities above the threshold use the E-Z Computation Report or Long Form depending on facts (Texas Comptroller franchise tax). The page also says an entity can use E-Z Computation if annualised total revenue is $20 million or less.

Texas franchise-tax rates are a separate calculation after the filing route is known. The Comptroller's official franchise-tax materials state that the franchise tax rate is 0.75% of taxable margin, or 0.375% for taxable entities primarily engaged in retail or wholesale trade (Texas Comptroller franchise tax). Most small foreign-owned LLCs are focused first on whether the PIR is filed and whether the IRS related-party package is complete.

When does federal Form 5472 apply to a Texas LLC?

Federal Form 5472 applies when the Texas LLC is wholly foreign-owned, disregarded for federal income tax, and had a reportable transaction with the foreign owner or another related party during the tax year. Texas franchise-tax revenue does not control that test.

The IRS instructions define a foreign-owned U.S. DE as a domestic disregarded entity wholly owned by a foreign person and state that it is treated as a corporation only for limited section 6038A reporting purposes (IRS Form 5472 instructions). The instructions also say foreign-owned U.S. DEs file a pro forma Form 1120 with Form 5472 attached and cannot e-file the package.

The following transactions matter even when Texas revenue is zero:

Formation costs paid personally by the foreign owner.
Capital contributions into a bank account.
Owner loans, repayments or interest.
Withdrawals and reimbursements.
Transfers of property, services or rights with a related party.
Formation, acquisition, disposition or dissolution of the LLC.

The 2025 tax year federal package for a calendar-year foreign-owned U.S. DE is generally due 15 April 2026, with a timely Form 7004 extension moving the deadline to 15 October 2026. The Texas PIR follows the Comptroller due-date system, so the federal extension does not solve a Texas filing problem.

What is the 2026 compliance workflow?

A Texas foreign owner should start with revenue classification for the Comptroller, then build a separate owner-transaction ledger for the IRS.

Reconcile total revenue. Decide whether annualised total revenue is at or below the Texas no-tax-due threshold.
Choose the Texas report path. Below-threshold entities generally skip the No Tax Due Report but still file the PIR or OIR. Above-threshold entities review E-Z Computation or Long Form.
Update PIR details. Confirm managers, members, officers, directors, mailing address and registered-agent information.
Build the federal related-party ledger. Identify owner contributions, distributions, loans, reimbursements and non-cash transfers.
Prepare the Form 5472 package. Complete Form 5472, the Part V statement and the pro forma Form 1120.
File by the correct agencies' deadlines. Texas reports go to the Comptroller. The federal package goes to the IRS Ogden PIN Unit.
Save evidence separately. Keep Webfile confirmations apart from the IRS fax receipt.

One worksheet cannot do both jobs well. Texas needs annualised total revenue and public information. Form 5472 needs related-party transaction detail.

What records should a Texas LLC retain?

A Texas LLC should retain a revenue file, a PIR file and a federal Form 5472 file. The documents overlap, but the questions are different.

Record	Texas franchise/PIR use	Federal Form 5472 use
Revenue workpaper	Determines threshold and form route	Usually not enough by itself
PIR confirmation	Shows Texas information report filed	No substitute for IRS package
Formation documents	Supports Texas entity status	Confirms domestic DE history
EIN letter	Useful for agency accounts	Required on federal package
Bank statements	Support revenue and receipts	Source for owner transactions
Owner ledger	Not the PIR itself	Core Form 5472 support
IRS fax receipt	No Texas purpose	Proof of federal delivery

The owner ledger should show date, amount, direction, currency, category and counterparty. A simple "owner equity" line in bookkeeping software is not enough if it does not separate contributions from distributions, loans and reimbursements.

What do four Texas scenarios look like in practice?

Texas scenarios are clearest when the no-tax-due threshold and the federal related-party test are applied separately.

1. Texas LLC with zero revenue and one foreign owner contribution. Texas: the LLC is below the $2.65 million threshold, so it generally does not file a No Tax Due Report, but still files the PIR unless an exemption applies. Federal: the owner contribution is a likely reportable transaction, so Form 5472 should be prepared.

2. Texas LLC with annualised total revenue of 1,000,000 dollars and no owner withdrawals. Texas: the LLC remains below the 2026 threshold and still files the PIR. Federal: Form 5472 depends on owner and related-party transactions, not customer revenue. If there were truly no owner transactions during the tax year, the federal answer may differ.

3. Texas LLC with annualised total revenue of 3,000,000 dollars. Texas: the LLC is above the $2.65 million threshold and must review the E-Z Computation or Long Form path. Federal: the same LLC still needs a Form 5472 review if it is a foreign-owned disregarded entity. Arithmetic for threshold testing: 3,000,000 - 2,650,000 = 350,000 above the 2026 no-tax-due threshold.

4. Texas LLC closes after repaying the owner. Texas: final franchise/PIR filings may be needed before termination. Federal: the repayment to the owner is a related-party transaction to review for Form 5472 in the final year.

Does a Texas PIR replace Form 5472?

A Texas PIR does not replace Form 5472. The PIR updates public information for Texas; Form 5472 discloses transactions between a foreign-owned U.S. disregarded entity and related parties to the IRS.

The difference matters because the forms are not asking the same question. A PIR can be complete even when it says nothing about owner contributions or distributions. A Form 5472 package can be complete even though it does not satisfy the Texas public-information filing.

If a foreign owner is late, solve both systems. File the missing Texas report through the Comptroller route, and file the missing federal package through the IRS Ogden PIN Unit route. One filing confirmation should not be used as proof for the other.

How does Form5472 Prep fit as the answer?

Form5472 Prep handles the federal package for foreign-owned Texas LLCs. We prepare Form 5472, the pro forma Form 1120 and the Part V statement, then have the package reviewed by a qualified tax accountant.

After signature, we fax the package to the IRS Ogden PIN Unit at 855-887-7737 and return the timestamped receipt. Standard service is $149 and takes 5-7 business days. Express service is $199 and takes 3 business days. Each additional past tax year is +$99. Fax delivery is included.

We are not a CPA firm and do not give Texas franchise-tax advice. If the LLC still needs an EIN, the EIN service is $149 at /ein. If the federal package is ready, use the Texas Form 5472 intake.

Frequently asked questions

What is the Texas no-tax-due threshold for 2026?

The Comptroller lists the 2026 no-tax-due threshold as $2.65 million in annualised total revenue.

Does a zero-revenue Texas LLC file a PIR?

Generally yes. The PIR obligation can remain even when the entity is below the no-tax-due threshold, unless a specific exemption applies.

Does the PIR replace Form 5472?

No. The PIR updates Texas public information. Form 5472 is a federal related-party information return filed with a pro forma Form 1120.

Can a Texas LLC owe no franchise tax but still file Form 5472?

Yes. Owner contributions, loans or withdrawals can trigger Form 5472 even when Texas revenue is zero and no franchise tax is due.

Does a foreign owner need an ITIN for either filing?

An ITIN is generally not required solely for Form 5472. The LLC needs an EIN, and the owner supplies its foreign identifier and, where no U.S. identifying number is entered, a reference ID.

What is the Texas E-Z Computation limit for 2026?

The Comptroller's 2026 forms page says an entity can use E-Z Computation if it has annualised total revenue of $20 million or less.

Is the Texas report filed with the IRS?

No. Texas franchise-tax reports and PIRs go to the Texas Comptroller. Form 5472 with the pro forma Form 1120 goes to the IRS.

The cleanest approach is one revenue workpaper for Texas and one related-party ledger for the IRS. The threshold may simplify the Texas franchise-tax report, but it does not erase Form 5472. Start your federal filing or review the reportable-transactions guide.