Start a Free LLC in Texas

Per the Texas Secretary of State, as of September 2026, Texas charges $300 to file the Certificate of Formation. After that, the Franchise Tax Report and Public Information Report (Form 05-102) is free to file every year. With LLC Register, formation is included in the $99-a-year Texas registered agent service, so year one costs $399.

Texas publishes no fixed processing time. The Secretary of State posts current turnaround on its Business Filing Tracker, and filing through SOSPortal is fastest. Expedited filing is available for $50 extra, typically within 2–3 business days, with next-day ($500) and same-day ($750) tiers also offered for filings received by noon. Your LLC exists once the state accepts your filing.

To start an LLC in Texas, choose an available name, appoint a Texas registered agent, and file the Certificate of Formation with the Texas Secretary of State for $300. Then sign an operating agreement, get a free EIN from the IRS, open a business bank account and register for any state taxes. LLC Register files it for you as part of the $99-a-year registered agent service.

Yes. You can file online through SOSPortal, or by mail, fax or in person with the paper Certificate of Formation (Form 205). The Certificate of Formation costs $300.

In Texas you form an LLC by filing the Certificate of Formation (Form 205) with the Texas Secretary of State. Other states call this document the articles of organization or the certificate of formation. The filing fee is $300.

Yes. Expedited filing is available for $50 extra, typically within 2–3 business days, with next-day ($500) and same-day ($750) tiers also offered for filings received by noon. Texas publishes no fixed processing time. The Secretary of State posts current turnaround on its Business Filing Tracker, and filing through SOSPortal is fastest.

Use the Texas Secretary of State's free online business name search to check whether your LLC name is available. Your Texas LLC name must include "limited liability company," "limited company," or an abbreviation of one of these phrases, and must be distinguishable in the Secretary of State's records from every other entity name, reservation or registered series.

Your Texas LLC name must include "limited liability company," "limited company," or an abbreviation of one of these phrases, and must be distinguishable in the Secretary of State's records from every other entity name, reservation or registered series. The rules are set by the Texas Business Organizations Code, Title 3, Chapter 101 (Limited Liability Companies).

Yes. You can reserve a name for $40 with Form 501; the reservation lasts 120 days and can be renewed during the 30 days before it expires. A reservation is optional; filing the formation document also secures the name.

Yes. Every Texas LLC must have a registered agent. Your registered agent must be a Texas resident individual or an organization registered to do business in Texas, with a Texas street address for the registered office. The LLC itself cannot act as its own registered agent, but an owner, officer or employee can.

Yes. An owner (member), officer or employee can personally serve as your LLC's registered agent if they have a Texas street address, though the LLC itself cannot act as its own agent. Your address becomes public record, and someone must be there during business hours to accept legal papers.

Not as your registered agent's address. Your registered agent must be a Texas resident individual or an organization registered to do business in Texas, with a Texas street address for the registered office. The LLC itself cannot act as its own registered agent, but an owner, officer or employee can. A PO box can usually serve as a mailing address, but the registered agent needs a physical address in Texas.

File the Form 401, Statement of Change of Registered Office/Agent with the Texas Secretary of State. The fee is $15.

Serving as your own Texas registered agent is free if you qualify. Commercial registered agents charge a yearly fee. LLC Register's Texas registered agent service is $99 a year and includes LLC formation and annual report filing.

Yes. Texas LLCs must file the Franchise Tax Report and Public Information Report (Form 05-102) every year. There is no state fee to file it.

The Franchise Tax Report and Public Information Report (Form 05-102) is due by May 15 every year. Your first one is due by May 15 of the year after your LLC registers with the Secretary of State. It is filed with the Texas Secretary of State.

Per the Texas Secretary of State, as of September 2026, there is no state fee to file the Franchise Tax Report and Public Information Report (Form 05-102). It is due by May 15 every year. LLC Register files it for you at no extra service fee while your registered agent service is active.

A report filed after May 15 owes a $50 penalty even if no tax is due, plus 5% late payment interest (1–30 days) or 10% (over 30 days) on any tax owed. Failing to file the Public Information Report can forfeit your LLC's right to transact business in Texas. File as soon as possible to keep your LLC in good standing.

Texas has no separate annual report filed with the Secretary of State. Instead, every LLC files a Franchise Tax Report and Public Information Report with the Comptroller of Public Accounts by May 15 each year. For 2026–2027 reports, an LLC with annualized total revenue at or below $2,650,000 owes no tax but must still file the Public Information Report; above that threshold, the rate is 0.375% for retail and wholesale businesses, 0.75% for other businesses, or 0.331% under the EZ computation.

Texas has no personal income tax, so LLC profits passed through to members are not taxed at the state level; the LLC itself is subject to the franchise tax described above. Federally, a single-member LLC is taxed like a sole proprietorship and a multi-member LLC like a partnership, unless it elects to be taxed as a corporation.

If you sell taxable goods or services, register for a Texas Sales and Use Tax Permit with the Comptroller of Public Accounts; there is no fee.

Before you hire, register with the Texas Workforce Commission for an unemployment tax account within 10 days of becoming liable. You also need an EIN from the IRS before you run payroll.

It depends on your industry and location: Texas regulates some professions and activities through state licenses, and many cities and counties require local business licenses. Start with the Office of the Governor, Small Business (Texas Economic Development & Tourism).

Texas calls this a company agreement. It is never filed with the Secretary of State, keep it at your LLC's principal office. LLC Register includes an operating agreement with every Texas LLC it forms.

You need an EIN if your LLC has employees or more than one member, and most banks ask for one to open a business account. A single-member LLC without employees can use the owner's Social Security number for federal taxes, but an EIN keeps it off business paperwork.

Apply for free on the IRS website once the state has approved your LLC; online applicants receive the EIN immediately. Owners without a Social Security number can apply with Form SS-4 by fax or mail.

Yes. You do not have to live in Texas or be a U.S. citizen to form a Texas LLC. You do need a registered agent with a physical address in Texas. Non-U.S. owners without a Social Security number apply for an EIN with IRS Form SS-4.

Yes. Texas allows an LLC with a single owner. By default the IRS taxes a single-member LLC like a sole proprietorship, reported on the owner's personal return.

Yes. Yes. A Texas LLC's company agreement can establish one or more designated series, each with separate rights, obligations and liabilities.

Yes. Yes. Licensed professionals can form a professional LLC (PLLC), restricted to ownership by professional individuals or organizations.

No. Texas does not require newspaper publication to form an LLC.

Order a Certificate of Fact, Status (Certificate of Existence); Long Form Certificate of Existence $25 from the Texas Secretary of State for $15. Banks, lenders and other states often ask for one as proof your LLC is current with the state.

An LLC formed in another state registers to do business in Texas by filing the Application for Registration of a Foreign Limited Liability Company (Form 304) with the Texas Secretary of State. The fee is $750, and the LLC needs a Texas registered agent.

File the Certificate of Amendment (Form 424) with the Texas Secretary of State for $150. Amend when you change your LLC's name or other information in the formation document.

File the Certificate of Termination of a Domestic Entity (Form 651) with the Texas Secretary of State for $40. Before you file, wind up the business: pay debts, close tax accounts and distribute what is left to the members.

File an Assumed Name Certificate (Form 503) with the Secretary of State for $25; since 2019 a Texas LLC no longer also files at the county level. A DBA lets your LLC trade under another name without forming a new company.

Yes. An eligible LLC can elect S corporation tax status by filing IRS Form 2553. The election can reduce self-employment tax once profits are high enough to pay yourself a reasonable salary. Texas has no personal income tax, so LLC profits passed through to members are not taxed at the state level; the LLC itself is subject to the franchise tax described above.

An LLC separates your personal assets from business debts and lawsuits, keeps pass-through taxation, and needs less paperwork than a corporation. In Texas it costs $300 to form and the Franchise Tax Report and Public Information Report (Form 05-102) is free every year.

A sole proprietorship costs nothing to start, but you are personally liable for the business's debts. A Texas LLC costs $300 to form and protects your personal assets, with the same pass-through taxes by default.

Usually not if your business operates in Texas. An out-of-state LLC doing business here must also register as a foreign LLC in Texas for $750 and keep a Texas registered agent, so you pay two states' fees.

No. Formation is included in the $99-a-year Texas registered agent service. The state still charges its $300 filing fee, which we pass through at cost.

For $99 a year plus the $300 state fee: Texas LLC formation in year one, a Texas registered agent, an operating agreement, and filing of your Franchise Tax Report and Public Information Report (Form 05-102) every year. Renewal is $99 a year. State fees are passed through at cost.

No. FinCEN has exempted companies created in the United States from beneficial ownership information (BOI) reporting. Only foreign companies registered to do business in a U.S. state still have to report.

The Texas Secretary of State, Business & Public Filings Division, handles LLC formations, amendments and annual filings. Its office is at Mailing: Business & Public Filings, P.O. Box 13697, Austin, TX 78711-3697. In person: 400 W. 15th Street, Austin, TX 78701.

Yes, you should. Mixing business and personal money can weaken the liability protection your LLC gives you. Banks usually ask for your filed Certificate of Formation, your EIN and your operating agreement.