What is different about forming an LLC in Texas.
Every state runs its own filing office, its own fee schedule and its own ongoing obligations. These are the ones that apply in Texas.
| Item | Amount | Detail |
|---|---|---|
| LLC filing fee | $300 | Paid to the state, at cost. File.Business charges $0 to prepare and file it. |
| Corporation, for comparison | $300 | |
| Nonprofit | $25 | |
| Professional LLC (PLLC) | $300 | |
| Series LLC | $300 | |
| Ongoing state report for an LLC | No fee | Franchise Tax Report with Public Information Report or Ownership Information Report, annual, due May 15 |
| Registering an out-of-state LLC here | $750 | No certificate of good standing required. Filed on the Application for Registration of a Foreign Limited Liability Company (Form 304) and Application for Registration of a Foreign For Profit Corporation (Form 301). |
What the Texas fee schedule actually says
Texas charges no annual report fee at the Secretary of State. Corporations and LLCs instead file the franchise tax report with the Comptroller by May 15, and the no tax due threshold is 2,650,000 dollars of annualized total revenue for report years 2026 and 2027, up from 2,470,000 dollars for 2024 and 2025. An entity at or below the threshold files no franchise tax report but still owes a Public Information Report or an Ownership Information Report, which carries no fee. The 50 dollar limited partnership periodic report and the 5 dollar nonprofit corporation periodic report are not annual, they are filed only when the Secretary of State requests one, and under BOC section 22.357 that is not more than once every four years. A professional association also files a 35 dollar annual statement. The LP formation fee of 750 dollars and the LLP fee of 200 dollars per partner are set by form 806.
Verified 2026-08-17 · against Texas SOS form 806 fee schedule revised 10/25, form 304 and form 802 instructions, the formation FAQ, and the Comptroller franchise tax pages
What forming an LLC in Texas actually involves.
Certificate of Formation
The Certificate of Formation is the founding Texas document. We prepare and file with the SOS using your entity name, organizer info, RA, and member structure.
~14 day Texas processing
Texas SOS typically processes standard LLC filings in 14 business days. Expedited options available for an extra state fee (varies $25-$200).
Registered Agent included
Texas requires every LLC to maintain a Registered Agent. RA service is included year one in every formation bundle.
EIN from the IRS
Your Texas LLC needs a federal EIN for banking, taxes, and payroll. We file Form SS-4 with the IRS, typically 1-2 business days, faster than DIY filings.
Operating Agreement
Texas doesn't require filing an Operating Agreement with the SOS, but every Texas LLC needs one to define member rights, voting, profit splits, and dissolution rules. Included in Domestic Complete.
Year-one compliance
Forming the LLC is step one. Texas requires ongoing compliance: Public Information Report (May 15), state tax registrations, license renewals. Domestic Complete includes year-one AR AutoFile.
A clean handoff, in 6 steps.
Pick your Texas LLC name
We check Texas SOS name availability live. Your chosen name must include "LLC" or variant and not conflict with existing Texas registrations.
Designate Registered Agent
Every Texas LLC needs a RA with a physical Texas address. We provide one (included year one) or you can designate your own.
Prepare Certificate of Formation
Member info, RA, principal office, management structure (member-managed vs manager-managed), effective date. We draft and review with you.
File with Texas SOS
Submitted electronically with $300 state fee. 14-day standard processing. State-stamped Articles return to your BOS vault.
EIN + Operating Agreement
After SOS acceptance: IRS EIN application (1-2 days), Operating Agreement drafted, S-Corp election if requested (Form 2553).
Year-one compliance setup
Texas Public Information Report added to your calendar (due May 15). RA active. Compliance Score baseline established.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Certificate of Formation or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Do I need to live in Texas to form an LLC there?
No. You do not need to live in Texas or be a resident to form an LLC there. What Texas requires is a registered agent with a physical in-state address to receive legal mail, which we provide, or you can act as your own if you have a Texas address and are available in business hours. Where you live does not limit where you can form.
What is the difference between an LLC and a corporation in Texas?
An LLC is simpler and pass-through: profit lands on your personal return and there is little required formality, which suits most owners in Texas. A corporation is built to raise venture capital and issue stock, but it adds bylaws, a board, and annual meetings. If you plan to raise money, look at forming a corporation; otherwise the LLC-versus-corporation comparison lays out the tradeoffs.
Does Texas require an Operating Agreement?
Texas may not require you to file one, but you should have one. The Operating Agreement sets who owns what, who can sign, and what happens if an owner leaves, and it is the document that shows the LLC is a genuine separate entity, which protects your liability shield. Banks and lenders also ask for it. Generate one that fits your ownership with our Operating Agreement tool.
What about the EIN for my Texas LLC?
The EIN is your business's federal tax ID, and you need it to open a bank account, hire, or file taxes. It is free from the IRS, and we obtain it for you the same day, including for founders without a Social Security Number. Keeping the EIN separate from your SSN also keeps your personal number off vendor and client paperwork. Start with our EIN guide.
Can a foreign person form a Texas LLC?
Yes. You do not need to be a US citizen or resident to own or form a Texas LLC, and you never have to set foot in the state. The one extra step is the EIN, which we obtain from the IRS for you when you have no Social Security Number, and that unlocks US banking and payment processing. Our EIN guide is the right starting point for international founders.
What ongoing compliance does a Texas LLC require?
Forming is the start, not the finish. A Texas LLC generally files a periodic annual report, keeps a registered agent on record, and pays any state franchise tax. Miss the report and Texas can administratively dissolve the LLC, ending the protection you formed it for. A compliance calendar keeps every date in view, and our subscription can file them for you.
Can I change my Texas LLC name later?
Yes. If you outgrow the name or rebrand, you change it by filing Articles of Amendment with Texas, which updates the official record; your EIN and entity stay the same. If you would rather keep the legal name and operate under a different public name, a DBA does that without a full amendment. We handle either the amendment or the DBA for you.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked. Or start by looking up any Texas company on the state record.
Up a level, or across to the neighbors.
Form an LLC by state
The national explainer above this page: what changes between jurisdictions, and why.
Open the hub → SectionForm a business
Every formation route, each with a page per state.
Open the section → StateTexas business filings
Every filing a business makes in Texas, gathered on one page.
Open Texas → In TexasNonprofit formation in Texas
Starting a nonprofit, state by state
Read the guide → In TexasOperating Agreement in Texas
The Operating Agreement, state by state
Read the guide → In TexasHow to form a corporation in Texas
How to form a corporation, state by state
Read the guide → In TexasNonprofit Formation in Texas
Forming a nonprofit, state by state
Read the guide →