What Texas Form 05-164 (2024) Is For
Texas Form 05-164 (2024) is used to request an extension for filing the Texas Franchise Tax Report. The Texas Comptroller allows an extension of up to 90 days for filing Texas Franchise Tax returns with this form.
Form 05-164 helps businesses meet their tax obligations on time and avoid late-filing penalties. By submitting this form, companies can defer their due date while maintaining compliance with the Texas Tax Code. This extension provides extra time for companies to finalize their financial reports.
When You’d Use Texas Form 05-164 (2024)
Use Form 05-164 if your business needs more time to file the Texas Franchise Tax Report. It is ideal for entities that may not meet the original May 15 deadline. Additionally, Form 05-164 applies to businesses that are filing their franchise tax returns with complex tax deductions or income tax calculations.
Form 05-164 is also used when submitting a No Tax Due Report or requesting an extension for a Franchise Tax Report with gross receipts under the revenue threshold. Using this form ensures you won’t incur a late filing penalty.
Key Rules or Details for 2024
For the 2024 tax year, the Texas Franchise Tax filing requirements remain unchanged from those of previous years. Entities with total revenue above the threshold must file the complete Franchise Tax Report by May 15. Businesses must use the appropriate Texas Franchise Tax forms, such as Form 05-163, for detailed reporting.
If a business expects to qualify for a tax extension, it must submit Form 05-164 before the May 15 deadline. Additionally, companies that anticipate a late filing must pay the required taxes by this date to avoid incurring a late payment penalty. Failure to meet these requirements may result in fines.
Step-by-Step (High Level)
- Step 1: Review the Franchise Tax eligibility guidelines to check if you meet the revenue threshold for an extension. Verify your annualized total revenue and check whether your business qualifies for a No Tax Due Report or other tax forms, like the EZ Computation form, based on gross receipts.
- Step 2: Complete and submit Form 05-164 to the Texas Comptroller before the May 15 deadline. Ensure the form includes accurate Ownership Information Report details and complies with the Texas Tax Code.
- Step 3: If applicable, submit your Franchise Tax Report, such as the No Tax Due Report or EZ Computation form, after receiving the extension.
- Step 4: Pay any taxes owed by May 15, even if requesting an extension. Ensure timely payment of tax obligations to avoid penalties and interest.
- Step 5: Use another platform to file your tax forms electronically.
- Step 6: Monitor the status of your filing and ensure that any necessary tax payments or deductions are made.
Common Mistakes and How to Avoid Them
Taxpayers often face delays due to common filing mistakes. Recognizing and addressing these errors early improves your chances of compliance and smooth processing. Avoiding mistakes in your submission ensures a quicker, error-free outcome.
- Missing the Deadline: This mistake occurs when Form 05-164 is not submitted before the May 15 deadline. To avoid this, submit Form 05-164 to the Texas Comptroller by May 15.
- Incomplete Forms: This occurs when sections, such as the Ownership Information Report, are left blank. To avoid issues, ensure that all sections of the form are fully completed and accurate.
- Incorrect Entity Type: This occurs when the incorrect entity type, such as a passive entity or real estate investment trust, is selected. To avoid this, carefully review and choose the correct business entity type before submitting.
- Not Paying Taxes on Time: This mistake occurs when taxes due are not paid by May 15, even if an extension has been filed. To avoid penalties, you must pay any taxes owed by the original May 15 due dates.
What Happens After You File
Once Form 05-164 is filed, your business will receive an automatic extension of up to 90 days. The Texas Comptroller grants this time to help companies meet the Franchise Tax filing requirements, allowing more time to complete tax reports and calculations.
After the extension, you must submit the completed Franchise Tax Report or other required forms. Ensure that all necessary documents, such as the Ownership Information Report, are accurate and filed before the extended deadline to avoid any late filing penalties.
FAQs
What is the Texas Franchise Tax Extension Form 05-164?
Form 05-164 is used to request an extension for filing the Texas Franchise Tax Report. This form grants businesses additional time to file their Franchise Tax Report and submit other required documents.
When is the deadline to submit Form 05-164?
The deadline to submit Form 05-164 is May 15. You must file it before this date to avoid penalties, even if you are applying for an extension.
How long is the extension granted for Texas Franchise Tax filings?
The extension grants businesses up to 90 additional days. Typically, this extends the filing deadline to August 15.
Do I still need to pay taxes by May 15 if I file Form 05-164?
Yes, you must pay any taxes due by May 15, even if you have an extension. The extension only defers the filing deadline, not the tax payment deadline.
What happens if I miss the Form 05-164 deadline?
If you miss the May 15 deadline for Form 05-164, you may face penalties. Timely submission ensures you meet your tax obligations and avoid unnecessary fines.

