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Step-by-Step Guide·TX·Feb 24, 2026

How to Start a Business in Texas

Texas is home to more than 3.1 million small businesses, representing 99.8% of all businesses in the state.

Registration costs $25–$300 depending on structure — most founders complete the process in under 2 weeks.
12 steps to legal registrationFebruary 24, 202614 min read
Jennifer Payne
Written byJennifer Payne
Director of Entrepreneurial Strategy

In This Article

18 sections
0%

The Complete Guide

How to Start a Business in Texas12 Steps

This is a full walkthrough: entity selection, state registration, federal tax IDs, licenses, banking, insurance, and ongoing compliance. Every step includes the official Texas links, fees, and timelines.

Cost depends on your structure. A sole proprietorship may cost nothing to start. An LLC costs $300 to file online. A corporation costs $300. Step 3 walks through every option.

Texas: Key Business Facts

Updated: Feb 2026
LLC Filing Fee (Online)
$300
Sole Proprietorship / DBA
$25
Corporation Filing
$300
Processing Time
10-12 business days
Expedited Option
Same-day / additional fee
State Income Tax
None
Sales Tax Rate
6.25%
Gross Receipts Tax
No
Franchise / Annual Tax
0.375%-0.75% of taxable margin (no…*
Filed With
Texas Secretary of State
State Business License
Not required (check local)
Last Verified
February 24, 2026

* Franchise / Annual Tax: 0.375%-0.75% of taxable margin (no tax due if revenue under $2,650,000)

Texas Secretary of State — Official Portal

Local licenses: Texas does not require a general state business license. Most cities and counties require their own permits, so check with your local city hall or county clerk before opening.

What It Takes to Start a Business in Texas

Forming a business in Texas requires filing with the Texas Secretary of State and registering for franchise tax with the Texas Comptroller of Public Accounts. Most LLCs can file online through SOSDirect and receive approval within 10 to 12 business days.

Texas does not impose a state income tax on individuals, and over 90% of LLCs owe zero franchise tax because they fall below the $2,650,000 no-tax-due threshold. This guide walks you through every step from idea validation to ongoing compliance.

Step 1 of 12

Validate Your Business Idea in Texas

Test your concept against the industries that drive the Texas economy. The state's largest sectors include:

  • Oil, gas, and energy
  • Technology (Austin, Dallas, Houston corridors)
  • Healthcare and biomedical research

Contact the Texas SBDC Network for free one-on-one consulting and market research assistance. Their advisors can help you evaluate demand, pricing, and competitive positioning before you invest a dollar.

Pro Tip

Use the U.S. Census Bureau's American Business Survey to find customer demographics for your Texas metro area at no cost.
Step 2 of 12

Write a Business Plan

Draft a plan that covers your target market, revenue model, startup costs, and 12-month financial projections. Banks and SBA lenders require a written business plan before approving any loan application.

Follow StartupOwl's step-by-step business plan guide to build one in a weekend. Focus on the financial section first, since Texas investors and lenders want to see clear numbers.

Pro Tip

Keep your executive summary under one page. Lenders read dozens of plans per week and skip anything that buries the key numbers.
Step 3 of 12

Choose Your Business Structure in Texas

Most founders in Texas choose an LLC because it combines personal liability protection with pass-through taxation and zero state income tax. Filing an LLC costs $300 at the Texas Secretary of State.

The four main structures are sole proprietorship, LLC, S-Corp, and C-Corp. See the full comparison below, or read our Texas LLC formation guide for a deeper breakdown.

Pro Tip

When in doubt, choose an LLC. You can always elect S-Corp tax treatment later once you are profitable.

Business Structure Comparison — Texas

Full comparison guide
StructureTexas Filing CostPersonal LiabilityHow You're TaxedBest For
Sole Proprietorship$25 (DBA) NonePersonal income tax. No separate return.Freelancers, consultants, side hustles testing an idea with no employees.
LLC Most Common$300 online Personal assets protectedPass-through by default. Elect S-Corp when profitable.Most small businesses. Best balance of liability protection, flexibility, and tax options.
S-Corporation~$300 + IRS election Personal assets protectedPass-through. Owners pay themselves a salary — can reduce self-employment tax.Profitable businesses (typically $50K+ net) where payroll tax savings justify the complexity.
C-Corporation$300 Personal assets protectedCorporate tax rate (21% federal). Double taxation on dividends.Startups planning to raise VC funding, issue stock options, or eventually go public.
General PartnershipFree / No State Filing None — all partners personally liablePass-through. Each partner reports share on personal return.Two or more owners who trust each other and don't need liability protection.

Which should you choose? Most first-time founders in Texas pick an LLC — it protects your personal assets without the complexity of a corporation. If you're not sure, consult a CPA or business attorney before filing. Read the full Texas LLC guide →

Step 4 of 12

Choose and Register Your Business Name in Texas

Search the Texas Comptroller's entity search to confirm your desired name is available. Your LLC name must include "LLC" or "Limited Liability Company" as a designator.

Reserve the name for 120 days by filing a name reservation with the Secretary of State for $40. If you plan to operate under a different name, file an assumed name certificate (DBA) for $25 at the state level or at your county clerk's office.

Pro Tip

Check the USPTO trademark database before committing to a name. A state-level name registration does not protect you from federal trademark claims.

Check Texas Business Name Availability

Search the official Texas Secretary of State database before you file.

Search Names
Step 5 of 12

Register Your Business with the Texas Secretary of State

File your Certificate of Formation (Form 205 for LLCs) through SOSDirect for $300. Standard processing takes 10 to 12 business days when filed online.

You must designate a registered agent with a physical street address in Texas. See our Texas registered agent guide for affordable options starting at $0 to $125 per year.

After approval, you will receive a stamped Certificate of Formation, which serves as your official proof of existence. Veterans are exempt from the $300 filing fee and can file at no cost.

Pro Tip

Use SOSDirect instead of SOSUpload for faster processing. SOSUpload takes 13 to 15 business days, while SOSDirect averages 10 to 12.

Important

Mail filings take 4 to 8 weeks plus transit time. File online to avoid delays that could hold up your EIN, bank account, and first contracts.

File Online with Texas Secretary of State

Official Texas business registration portal. Standard processing: 10-12 business days.

File Online
Step 6 of 12

Get Your Federal EIN from the IRS

Apply for a free Employer Identification Number (EIN) directly at the IRS online application portal. The process takes about 10 minutes, and you will receive your EIN instantly upon completion.

You need an EIN to open a business bank account, hire employees, and file federal taxes. Even single-member LLCs benefit from having an EIN to keep their Social Security number off business documents.

Pro Tip

The IRS online EIN tool is only available Monday through Friday, 7 a.m. to 10 p.m. Eastern Time. Plan accordingly if you are filing on a weekend.

Important

Never pay a third party for an EIN. The IRS provides them at no charge.
Step 7 of 12

Get Your Texas Licenses and Permits

Requirements vary by industry, but most Texas businesses need:

  • Sales Tax Permit — required if selling taxable goods or services; register free at the Texas Comptroller's office
  • Local Business Permits — Texas has no general state business license, but most cities (Houston, Dallas, Austin, San Antonio) require local operating permits through their city clerk or permitting office
  • Professional License — required for contractors, electricians, healthcare providers, real estate agents, and other regulated fields through the Texas Department of Licensing and Regulation (TDLR)
  • Employer Registration — required before hiring; register with the Texas Workforce Commission (TWC) for unemployment insurance

Pro Tip

Apply for your sales tax permit before your first sale. Selling without one can result in penalties and back taxes from the Comptroller.
Step 8 of 12

Open a Business Bank Account

Bring your EIN confirmation letter, Certificate of Formation, government-issued ID, and your LLC operating agreement to the bank. Separating personal and business finances is essential for maintaining your LLC's liability protection.

Compare options in our best business bank accounts guide. Many Texas-based banks and credit unions offer free business checking with no minimum balance requirement.

Pro Tip

Open a separate business savings account on the same day. Automate a percentage of every deposit into it for quarterly tax payments.
Step 9 of 12

Set Up Accounting and Understand Texas Taxes

Texas has no personal state income tax, which means your LLC's pass-through profits are not taxed at the state level. However, the state imposes a franchise tax on entities with total revenue above $2,650,000, at rates of 0.375% (wholesale/retail) or 0.75% (other industries) of taxable margin.

Over 90% of Texas LLCs fall below the no-tax-due threshold and simply file a No Tax Due Report and Public Information Report with the Texas Comptroller. You are still responsible for federal estimated tax payments, due quarterly to the IRS.

Set up cloud accounting software from day one. See our best accounting software comparison to find the right fit for your business size.

Pro Tip

Even though you owe no franchise tax below the threshold, you must still file the annual Public Information Report with the Comptroller to stay in good standing.
Step 10 of 12

Get Business Insurance in Texas

Texas does not require most private employers to carry workers' compensation insurance, but going without it exposes you to unlimited personal liability for workplace injuries. General liability insurance is the baseline policy every Texas business should carry.

Compare quotes and coverage types in our best business insurance guide. Many Texas insurers offer bundled Business Owner's Policies (BOP) that combine general liability with property coverage at a discount.

Pro Tip

Even though workers' comp is optional in Texas, many commercial clients and government contracts require proof of coverage before signing agreements.
Step 11 of 12

Build Your Online Presence

Claim your free Google Business Profile to appear in local search results across Texas. This single step can drive your first customers before you even build a website.

When you are ready for a full site, check our best website builders comparison for options that include built-in SEO tools and e-commerce functionality.

Pro Tip

Add your business to Google, Yelp, and the Better Business Bureau in the same session. Consistent name, address, and phone number across directories improves your local search ranking.
Step 12 of 12

Stay Compliant After Forming Your Texas Business

After forming, keep your Texas business in good standing by meeting these ongoing requirements:

  • Franchise Tax Report — due May 15 each year to the Texas Comptroller; no filing fee for the report itself, but taxes apply if revenue exceeds $2,650,000 (file at the Comptroller's site)
  • Public Information Report — filed alongside the franchise tax report annually by May 15; required even if you owe no tax
  • No Annual Report to the Secretary of State — Texas does not require a separate annual report filing or fee with the SOS
  • Registered Agent — maintain a registered agent with a physical Texas address at all times
  • Local Licenses — renew city and county permits annually as required by your municipality

Missing the May 15 franchise tax deadline results in penalties, interest, and potential forfeiture of your right to do business in Texas. Track all deadlines with StartupOwl's compliance calendar.

Pro Tip

Set a calendar reminder for April 1 each year to prepare your franchise tax and Public Information Report well before the May 15 deadline.

Important

The Comptroller can forfeit your entity's right to transact business in Texas if you fail to file franchise tax reports for two consecutive years.

Texas Business Background & Context

State-specific data to help you plan — taxes, economy, funding, and what to expect after you form.

Frequently Asked Questions

What to Do Next

Once you've registered your Texas business, take these steps to set up for success.

Disclaimer: This guide is for informational purposes only and does not constitute legal or tax advice. Requirements change — always verify current fees and requirements directly with Texas Secretary of State and the IRS before filing.

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About the Author

Jennifer Payne

Director of Entrepreneurial Strategy

Jennifer is a former founder who built and sold a boutique B2B logistics company in her thirties. She understands the emotional and strategic toll of building a business from the ground up without a massive safety net. She is deeply connected to the Atlanta startup ecosystem and is passionate about equitable funding.

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