Texas Comptroller of Public Accounts

Texas Comptroller of Public Accounts, Glenn Hegar

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Franchise Tax
Frequently Asked Questions

Notice to Reporting Entity of a Combined Report Group

1. What amounts do we put for the business loss carryforward, the annual allocated amount or the amount of the preserved amount in 2008?
Report the amount preserved in 2008.
2. Common Owner as of what date?
List the individual or entity that owns more than 50 percent of the members in the combined group for the period mentioned in the notice.
3. What do I do If I haven't received my letter?
Only the reporting entity of combined groups that have temporary credit for business loss carryforwards will receive a notice. If you are the reporting entity for a combined group and you believe that you should have received a notice, you may download a copy of the notice.
4. Do I have to list all my affiliates or just the ones with credits?
List only the affiliates (including the reporting entity) that have a temporary credit for business loss carryforwards.
5. What happens if they don't get the notice in on time?
A second and final notice will be sent mid-November if we do not get a response to the first notice.
6. If our combined group gets more than one letter which one do I send in?
The notice was sent to each reporting entity with a temporary credit for business loss carryforward preserved for itself or at least one of its affiliates. A combined group could receive multiple letters if the reporting entity has changed between 2008 and 2011. Every reporting entity that receives a letter should respond to the notice.
7. If entities have merged out since 2008, do I list only the ones that are still in existence or those that existed in 2008?
List the entities that were in existence on Jan. 1, 2008. Send documentation to State Comptroller, PO Box 13528, Austin, TX 78714-3528 if an entity has merged out of existence and has not previously notified our office.
8. Do I list an affiliate that is no longer in my group?
List the entities that were included in the combined group report for the period mentioned in the notice even if the entity is no longer included in the combined group.
9. I preserved the wrong amount of business loss carryforward in 2008. May I send in the correct amount?
We are asking that you report the amount that you preserved in 2008; however, if you have since discovered that the amount you preserved was too high, send in the correct amount and we will adjust your preservation amount. Note that we will not be increasing any preservation amounts.
10. Do I need to recalculate the preservation amounts?
No, we are not asking you to recalculate the preservation amounts. We are trying to verify, for combined groups, which affiliates the business loss carryforward belongs to and the amount preserved for each of those affiliates.
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