The Texas AP 114 form is a Nexus Questionnaire that helps determine the tax obligations of businesses operating in Texas. This form collects essential information about the entity's activities within the state, including business type, federal identification, and any Texas tax permits held. To ensure compliance and facilitate the processing of your information, please fill out the form by clicking the button below.
The Texas AP-114 form, known as the Texas Nexus Questionnaire, serves as a crucial document for entities conducting business within the state. This form collects essential information about a business's legal name, mailing address, and various identifiers, including the taxpayer number and federal employer identification number. It requires details about the type of business, such as whether it is a corporation, partnership, or sole proprietorship, and asks for information regarding the entity's formation and any mergers within the last seven years. The questionnaire also inquires about the entity's business activities in Texas, including the presence of employees, inventory, and real property. Additionally, it prompts the entity to disclose whether it holds a Certificate of Authority to operate in Texas and to provide a comprehensive overview of its operations in the state. Completing this form accurately is vital, as it ensures compliance with state regulations and facilitates the processing of the entity's business activities. The form also includes contact information for assistance and outlines the rights of individuals to review and correct their information as per Texas law.
AP-114 (Rev.10-01/13)
TEXAS NEXUS QUESTIONNAIRE
Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at the address or toll-free number listed on this form.
1. Entity legal name and mailing address
INTERNAL US E ONLY
Job type:
MI SCAPP
T code: 0 0 9 9 1
Taxpayer number:
Tax type and reason code:
1 3 2 4
Reference number:
File number:
2A. If the information printed above is incorrect, enter the correct information.
Entity legal name
Business phone (Area code & number)
Street Address or P.O. Box
City
State
ZIP Code
County Code
2B. Business name ("Doing Business As" or "DBA")
3A. Federal E.I. Number
3B. Does the entity have any Texas tax permit number(s) issued by the Texas Comptroller of Public Accounts - (Sales, Use, Fuels, etc.)? (If yes, please list.)
4. Type of business (If "D" is checked, attach a list of general partners, names, FEIN, and addresses.)
A. Corporation
B. Limited Liability Company
C. Sole Proprietorship
D. Partnership
E. Other
5A. State of formation
5B. Date of formation
5C. Has the entity been involved in a merger within the last seven years?
5D. Accounting year end
(Attach a detailed explanation.)
YES
NO
6.Do you have a Certificate of Authority to do business in Texas issued by the Texas Secretary of State (SOS)?
(If "YES," please provide the SOS file number and the date issued.)
SOS file number
Date issued
7. Briefly describe the entity's business activities in Texas.
SIC code
8. Contact person and mailing address
9. Daytime phone (Area code and number)
10.
E-mail address
11.
Web site address
12. Check the items you have located in Texas.
A.MANUFACTURING PLANT
B.OFFICE
C.WAREHOUSE (owned or leased)
D.RETAIL OUTLET
E.REAL PROPERTY
F.PERSONAL PROPERTY
G.STOCK OF GOODS, INVENTORY
H.LEASED PROPERTY
I.SPACE IN DEPT. OR CHAIN STORE
J.TERMINAL FACILITY
K.EMPLOYEES
L.INDEPENDENT REPRESENTATIVES
ANS WER THE QUES TIONS BELOW AS THEY PERTAIN TO THE LAS T 7 YEARS .
13. Does the entity do any of the following in Texas (If "YES," indicate beginning date.)
Date
A. solicitation: have employees, independent contractors, agents, or other representatives in Texas to
promote or induce sales of the entity's goods or services;
B.services:
1.provide any service in Texas (regardless of whether the employees, independent contractors,
agents, or other representatives performing the services reside, have a home office or have a place of business in Texas);
2. install, erect, modify, maintain, or repair real or personal property in Texas; or
3. do warranty work in Texas, regardless of whether such warranty work is done by a third party.
C. place of business: maintain a place of business in Texas;
Form AP-114 (Back)(Rev.10-01/13)
YES NO Date
13.(Continued)
D. partners: act as a general partner in a general or limited partnership which is doing business in Texas;
E. contracting: perform a contract in Texas regardless of whether the entity brings its own employees into the state, hires local labor, or subcontracts with another;
F. inventory: have inventory in Texas;
G. real estate: hold, acquire, lease, or dispose of any property located in Texas;
H. shows: the staging of shows or other events in Texas;
I.transportation:
1. carry passengers or property in Texas if both pickup and delivery occur within Texas; or
2.have facilities and/or employees, independent contractors, agents, or other representatives in Texas for storage, delivery, or shipment of goods; for servicing, maintaining, or repairing of vehicles or other
equipment; for coordinating and directing the transportation of passengers or property; or for doing other business of the corporation/LLC;
J. franchisers: enter into one or more contracts with persons or other business entities located in Texas, by which:
1. the franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by the franchiser; and
2.the operation of a franchisee's business pursuant to such plan is substantially associated with the franchiser's trademark, service mark, trade name, logotype, advertising, or other commercial symbol
designating the franchiser or its affiliate;
K. processing: assemble, process, manufacture, or store goods in Texas;
L. advertising: enter Texas to purchase, place, or display advertising when the advertising is for the benefit of another;
M. processing and shipment: send materials to a Texas manufacturer, processor, repairer, or printer to be processed and stored in completed form awaiting orders for their shipment;
N. loan production activities: solicit sales contracts or loans, gather financial data, make credit checks, or perform other financial activities in Texas through employees, independent contractors, agents, or other representatives;
O. holding companies: maintain a place of business in Texas or manage direct, and/or perform services in Texas for subsidiaries or investee corporations/LLCs;
P. federal enclaves: do business in any area within Texas, even if the area is leased by, owned by, ceded to, or under the control of the federal government;
Q. consignments: have consigned goods in Texas;
R. delivering: deliver into Texas items it has sold, in company vehicles;
S. leasing: lease tangible personal property that is used in Texas.
Remarks:
I declare that the information in this document and any attachments is true and correct to the best of my knowledge and belief.
Authorized signature (Officer, director, authorized agent)
Type or print name
Title
PROVIDING COMPLETE AND ACCURATE BUSINESS INFORMATION WILL EXPEDITE
THE PROCESSING OF YOUR QUESTIONNAIRE.
Please return the questionnaire to: Texas Comptroller of Public Accounts 111 E. 17th Street
Austin, TX 78774-0100
For assistance, call 1-800-252-1381 toll free nationwide or in Austin, call 512/463-4600. If you're calling from a Telecommunications Device for the Deaf
(TDD), the toll free number is 1-800-248-4099, or in Austin, 512/463-4621.
Completing the Texas AP-114 form is an important step for businesses to ensure compliance with state regulations. The form collects essential information about your entity's activities in Texas. After filling out the form, you will need to submit it to the Texas Comptroller of Public Accounts for processing.
Once you have completed all sections, review the form for accuracy. Providing complete and accurate information will help expedite the processing of your questionnaire. Submit the form to the Texas Comptroller of Public Accounts at the address provided on the form.
The Texas AP-114 form, also known as the Texas Nexus Questionnaire, is a document used by businesses to provide information about their activities in Texas. This form helps the Texas Comptroller of Public Accounts determine whether a business has a taxable presence, or "nexus," in the state. Completing this form accurately is essential for compliance with Texas tax laws.
Any entity conducting business in Texas may need to complete the AP-114 form. This includes corporations, limited liability companies, partnerships, and sole proprietorships. If your business has employees, independent contractors, or any physical presence in Texas, it is advisable to fill out this form.
The form requests a variety of details, including:
Providing complete and accurate information will help expedite the processing of your questionnaire.
If you notice that any information printed on the form is incorrect, you should enter the correct details directly on the form. This ensures that the Texas Comptroller has the most accurate information on file. If you need further assistance, you can contact the Comptroller's office using the information provided on the form.
You can submit the completed AP-114 form by mailing it to the Texas Comptroller of Public Accounts at the address listed on the form. Ensure that you send it to:
Texas Comptroller of Public Accounts 111 E. 17th Street Austin, TX 78774-0100
Make sure to keep a copy for your records.
After submitting the form, the Texas Comptroller's office will review the information provided. If they require additional details or clarification, they may reach out to you. It is important to respond promptly to any inquiries to avoid delays in processing.
While there is no specific deadline mentioned for submitting the AP-114 form, it is advisable to complete it as soon as possible, especially if your business activities in Texas have changed. Timely submission can help prevent any potential tax issues.
If you have questions or need assistance while filling out the AP-114 form, you can contact the Texas Comptroller's office. They offer support through the following:
Don't hesitate to reach out for help; they are there to assist you.
Incorrect Entity Name: Many individuals mistakenly provide the wrong legal name of the entity. This can lead to confusion and delays in processing the form.
Missing Contact Information: Failing to include a valid daytime phone number or email address can hinder communication between the entity and the Texas Comptroller’s office.
Omitting DBA Information: If the business operates under a "Doing Business As" name, neglecting to fill out this section can result in incomplete records.
Incorrect Tax Identification Numbers: Entering incorrect Federal E.I. numbers or Texas tax permit numbers can complicate tax compliance and reporting.
Failure to Indicate Business Type: Not selecting the correct type of business can lead to misclassification and potential legal issues in the future.
Incomplete Business Activities Description: Providing insufficient detail about the entity's business activities in Texas can raise questions and lead to further inquiries.
Neglecting to Answer All Questions: Skipping any questions, especially those regarding activities in Texas, can result in delays or rejections of the form.
Not Signing the Form: Failing to include an authorized signature at the end of the form renders it invalid, which can cause significant delays in processing.
The Texas AP-114 form, known as the Texas Nexus Questionnaire, serves a crucial role for businesses operating within the state. It helps the Texas Comptroller's office gather essential information about entities that may have tax obligations in Texas. Alongside this form, several other documents are often utilized to ensure compliance with state regulations. Below is a list of related forms and documents that may be required in conjunction with the AP-114.
Understanding these additional forms and documents can significantly aid in navigating the regulatory landscape for businesses in Texas. Ensuring that all necessary paperwork is completed and submitted correctly can help avoid potential legal issues and facilitate smoother operations within the state.
The Texas AP-114 form, known as the Nexus Questionnaire, shares similarities with the IRS Form SS-4, which is used to apply for an Employer Identification Number (EIN). Both documents require detailed information about a business entity, including its legal name, address, and type of business structure. While the AP-114 focuses on establishing a business's presence in Texas for tax purposes, the SS-4 is primarily concerned with federal tax identification. Each form serves as a foundational document that helps government agencies understand the nature of the business and its obligations.
Another document akin to the AP-114 is the Texas Franchise Tax Report. This report is mandatory for entities operating in Texas and requires information about revenue, business activities, and ownership. Similar to the AP-114, it helps the state assess the tax liabilities of businesses. Both forms necessitate accurate reporting of business operations within Texas, ensuring compliance with state regulations and tax obligations.
The Texas Certificate of Formation also bears resemblance to the AP-114. This document is essential for establishing a business entity in Texas, as it outlines the legal structure and purpose of the business. Like the AP-114, it requires information about the entity's name, address, and type of business. Both documents serve to inform the state about the business's existence and operational scope, though the Certificate of Formation is filed at the inception of the business.
Form 1065, the U.S. Return of Partnership Income, parallels the AP-114 in its requirement for detailed reporting of business activities. This tax form is used by partnerships to report income, deductions, and other financial information to the IRS. Both forms demand transparency regarding the business's operations, although the 1065 focuses on federal tax reporting while the AP-114 addresses state nexus issues.
The Texas Sales and Use Tax Permit Application is another document similar to the AP-114. This application is necessary for businesses that intend to collect sales tax in Texas. Like the AP-114, it requires information about the business's legal structure and operational activities. Both documents are crucial for ensuring that businesses comply with Texas tax laws and regulations.
The Annual Report for Corporations in Texas also shares commonalities with the AP-114. Corporations are required to file this report to maintain their good standing with the state. It includes information about the corporation's activities, financial status, and contact details. Both forms emphasize the importance of keeping state authorities informed about the business's operational status and compliance with state laws.
The Texas Secretary of State's Application for Registration of a Foreign Entity is another document that resembles the AP-114. This application is for businesses formed outside Texas that wish to operate within the state. It requires similar information regarding the entity's legal name, address, and type of business. Both documents facilitate the state's understanding of business activities and ensure compliance with Texas regulations.
Lastly, the IRS Form 8832, Entity Classification Election, shares similarities with the AP-114 in terms of requiring detailed information about the business entity. This form allows an entity to choose its classification for federal tax purposes. Both forms require clarity about the business structure and operations, although the AP-114 is focused on state nexus while the 8832 addresses federal tax classification.
When filling out the Texas AP-114 form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that the form is completed accurately and efficiently.
Understanding the Texas AP-114 form can be challenging, and several misconceptions can lead to confusion. Here are six common misunderstandings about this form:
By addressing these misconceptions, businesses can better navigate the requirements associated with the Texas AP-114 form and ensure compliance with state regulations.
Here are key takeaways for filling out and using the Texas AP 114 form:
Accurate and complete information will help expedite the processing of your questionnaire.