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LLC Formation·Updated Aug 20, 2026

How to Start an LLC in Texas (2026)

The slowest way to file in Texas is the only one you can pay to speed up. Post beats SOSDirect once you add the $50 expedite fee. Here is every step, in order.

Aug 20, 202612 min read
Daniel Wong
Written byDaniel Wong
Legal & Compliance Analyst

What You'll Learn in This Guide

This guide walks you through every step to legally form a Limited Liability Company (LLC) in Texas, from picking a name to staying compliant year after year. We've kept it practical, current, and free of unnecessary fluff.

Note

Texas LLC formation costs $300 in state fees. Most founders complete the process in 10-15 business days, either DIY or through a formation service starting at $0.

Texas LLC: Quick Facts

Last Verified: Aug 2026
Filing Fee (Online)
$300
Processing Time
10-15 business days
Expedited Available
Yes (2 to 3 business days / $50)
Public Information Report
$0 (annual)*
State Income Tax
No
Sales Tax Rate
6.25%
Filed With
Texas Secretary of State
Last Verified
August 20, 2026

* Public Information Report: $0, due May 15 each year

What Makes Forming an LLC in Texas Different

An LLC puts a wall between you and the business. Say the company gets sued, or takes on debt. Your house, your car and your savings sit on the other side of that wall. That separation is the whole point. It is why most founders pick an LLC over a sole proprietorship.

Texas has no state income tax. It does have a franchise tax. The no tax due threshold is $2.65 million of annualized revenue. Below that you owe nothing, and you file no franchise tax report at all. You do still file a Public Information Report every year. That one is free. It is also the filing that matters most. Missing it can cost you the protection you formed the LLC for. The $300 fee is higher than most states. What it buys is a state with no recurring report fee behind it.

The rest is straightforward. You pick a name, name a registered agent, and file Form 205. Then an EIN, an operating agreement, and a bank account. The paperwork is an afternoon. The waiting is 10-15 business days through SOSDirect, or 4-8 weeks by post. Since July 2026, Texas will move a posted filing to the front of the queue for $50.

Step 1

Choose a Name for Your Texas LLC

Your name must follow Texas naming rules. It also has to be distinguishable from every other entity on file with the Secretary of State.

Your name has to be distinguishable from every entity already on file with the Secretary of State. Adding a word or shuffling letters will not do it. Search the Secretary of State's own records through SOSDirect before you file. A search costs $1. The $1 is waived if you file or order on the results, so a real search costs nothing. The Comptroller's Taxable Entity Search is a different database. It is not what your name gets checked against.

Search Texas entity names on SOSDirect →

Texas LLC Naming Rules

Must include LLC, L.L.C., or Limited Liability Company
Must be distinguishable from every other entity on file in Texas
Cannot use words like bank, trust, or insurance without a licence
Cannot imply the LLC is a government agency
Cannot suggest a purpose the LLC is not allowed to pursue

Optional Name Reservation

  • Fee: $40 to reserve your name
  • Duration: reserved for 120 days
  • File with the Texas Secretary of State before submitting your Certificate of Formation

State Specific

Texas holds a name for 120 days for $40. Most states give you less. Worth doing if you are not ready to file yet.

Pro Tip

The Secretary of State will give you a preliminary read on a name before you file. Call (512) 463-5555 or email [email protected]. It is not binding, so do not order signage or sign a lease on the strength of it.

Step 2

Choose a Registered Agent in Texas

Every Texas LLC needs a registered agent. That means a physical street address in the state, and someone there to accept legal documents.

A registered agent takes legal notices, tax mail and official state post on behalf of your LLC. Texas wants either a person who lives in the state or an entity authorised to operate here. The address must be a street address. A P.O. box will not do, and somebody has to be there during business hours.

Compare Texas registered agent services →

Your Three Options

  • Be your own registered agent. It is free. But your home address goes on the public record, and you have to be there in business hours.
  • Ask someone you trust. A friend, relative or associate can serve, if they live in Texas and have a street address.
  • Hire a professional service. Usually $50 to $300 a year. It keeps your address off public filings and makes sure nothing gets missed.

State Specific

In Texas, your LLC cannot serve as its own registered agent. A real person or a separate authorized business entity must fill this role.

Step 3

File Your Certificate of Formation with Texas

This step creates the LLC. You send Form 205 and the $300 filing fee to the Texas Secretary of State.

Filing Fee (Online): $300
Processing: 10-15 business days

Form 205 is the Certificate of Formation. It asks for your name, your registered agent, and your organizer's name and address. It also asks the purpose of the LLC, and whether members or managers will run it. A general purpose statement is fine. File it through SOSDirect, or send the paper form by post.

Compare Texas LLC formation services →

File Online via SOSDirect

Generally faster processing Immediate confirmation that your filing was received File from anywhere at any timeRequires creating a SOSDirect accountYou'll need to navigate the online system step by step

File by Mail

Simple paper form (Form 205) you can review before sending Download directly from the Secretary of State websiteTakes 4-8 weeks for processingNo instant confirmation of receipt$300 fee must be sent as a check or money order

Post your completed form and $300 payment to Secretary of State, P.O. Box 13697, Austin, TX 78711-3697.

Expedited service is the part of this that changed in 2026. The Secretary of State finished rolling out Texas Express on 14 July 2026. There are three tiers now. Standard expedited costs $50 per document and runs about two to three business days. Next-day costs $500. Same-day costs $750 for documents received by noon. Each sits on top of the $300 filing fee. What you are buying is position in the queue, not a guaranteed approval.

Read the routes before you pick one. The Secretary of State lists standard expedited for documents sent by post, in person, or by courier. Same-day and next-day go to [email protected] or by hand. SOSDirect appears on neither list. So the slow paper route is the one you can pay to move forward, and the convenient online route is the one you cannot.

Texas Express fees and tiers at the Secretary of State →

Pro Tip

The $300 fee covers the creation of your LLC entity only. Budget separately for your name reservation, registered agent, and any expedited processing.

NW logo

Recommended: Northwest Registered Agent

$39 + state fee. Includes registered agent, business address, domain, website, email, and phone. No upsells.

4.8
Form Your LLC →
Step 4

Get an EIN from the IRS

An EIN is a federal tax ID. You need one to open a business bank account, hire anyone, or file taxes.

Apply on the IRS website. It is free. The online form takes about ten minutes and the number comes back immediately. You can also use Form SS-4 by fax or post, but the online route is far quicker.

Apply for your EIN on IRS.gov →

Get one even as a single member LLC. Banks ask for it. A separate tax ID also keeps your Social Security number off your business paperwork.

Step 5

Create an Operating Agreement for Your Texas LLC

An operating agreement sets out how your LLC is owned and run. Texas does not require one. Skipping it is still a mistake.

An operating agreement is an internal document. It sets out who owns what, how decisions get made, and what happens when a member leaves. You do not file it with the state. You keep it with your business records. Sole member? A one-page version still helps. It shows the LLC is a separate legal entity, which is what your liability protection rests on.

Sections to Include

Ownership percentages and each member's capital contributions
How profits and losses are divided among members
Whether the LLC is member-managed or manager-managed
Voting rights and how major decisions are made
Process for adding or removing members
What happens if a member dies, leaves, or becomes incapacitated
Steps for dissolving the LLC

State Specific

Texas does not require one. Without it, the state's default LLC rules govern your business. Those defaults may not match what you and your co-owners actually agreed.

Step 6

Open a Business Bank Account for Your Texas LLC

A business bank account keeps company money separate from yours. That separation is what your liability protection rests on.

Mixing personal and business money is the fastest way to lose the protection you just paid for. Say a court finds you treated company money as your own. It can pierce the veil and hold you personally liable for business debts. A separate account makes that argument much harder to run. Open one early.

What to Bring to the Bank

  • Your filed Certificate of Formation, stamped or approved by the Secretary of State
  • Your EIN confirmation letter from the IRS
  • Photo ID for every member opening the account
  • Your operating agreement, which some banks ask for
  • An opening deposit, and the amount varies by bank

Pro Tip

Many Texas banks and credit unions offer free business checking accounts for small LLCs. Compare a few options before committing.

Federal Requirement

Federal BOI Reporting

No. FinCEN exempted every company formed in the United States from beneficial ownership reporting in an interim final rule published 26 March 2025 and applied from 21 March 2025, then made that exemption permanent in a final rule published 11 August 2026 and effective 14 August 2026. Only entities formed under foreign law and registered to do business in a US state still report.

Top 3 LLC Formation Services

We've independently reviewed the top LLC formation services in Texas. Here's how they compare.

Feature
Northwest Registered Agent
Best Overall
ZenBusiness
Best for LLC Formation
Tailor Brands
Best for Branding
Starting Price$39 + state fees$0 + state fees$0 + state fees
Formation SpeedSame-day filing7-10 days, 1 day on Pro2-14 business days
SupportLifetime Corporate GuidesPhone, Chat, EmailPhone, Chat, Email
States Covered50 states50 states50 states
In Business Since199820152014
Get StartedGet StartedGet Started

Frequently Asked Questions

The state fee is $300. A name reservation, if you want one, adds $40. There is no annual report fee. Under $2.65 million of revenue you owe no franchise tax either. The free Public Information Report is still due. A professional registered agent runs $50 to $300 a year. A realistic first year lands between $300 and $650 for most founders.

Two numbers matter. Online through SOSDirect the stated turnaround is 10-15 business days. By post it is 4-8 weeks, plus travel time each way. Expedited service is separate, and Texas expanded it in July 2026. Standard expedited is $50 a document and runs two to three business days, next-day is $500, and same-day is $750. The Secretary of State lists those for filings sent by post, by courier, in person, or to its Texas Express email. SOSDirect is not on the list.

Yes. Texas allows single-member LLCs. One person can be the sole owner, the organizer, and the registered agent. The process is the same as for a multi-member LLC. By default the IRS treats a single-member LLC as a disregarded entity. In plain terms, it is taxed like a sole proprietorship. You can elect otherwise if you want to.

No, Texas does not legally require an operating agreement. But you should still have one. Without it, Texas default business laws will control how disputes, ownership changes, and profit splits are handled. That may not align with what you and your co-owners actually want. Even solo founders benefit from a simple operating agreement to reinforce liability protection.

Texas has no state income tax. Profits pass through to your personal return untaxed at the state level. There is a franchise tax, sometimes called a margin tax. LLCs at or below $2.65 million of annualized revenue owe nothing on it, and no longer file a franchise tax report. The free Public Information Report is still due. Selling taxable goods or services means a sales tax permit and 6.25% state sales tax, with local rates on top.

Texas has no traditional annual report. It has the Public Information Report, Form 05-102. You file it with the Comptroller by May 15, the franchise tax date. There is no fee. Your first one is due the year after you form. An LLC created in 2026 files by 15 May 2027. If revenue sits at or below the $2.65 million threshold you skip the franchise tax report. The Public Information Report is still due.

Partly. The exposure sits on the annual report, not the formation filing. The Public Information Report asks for officer, director, member or manager details. The Comptroller feeds what it receives into its public Taxable Entity Search. The Ownership Information Report that other entity types file is confidential. LLCs file the public one. A registered agent service keeps your home address off the agent line. It does not make a Texas LLC anonymous.

Yes, and it is a real one. A qualifying new veteran-owned business skips both reports for its first five years. That means the Public Information Report and the Ownership Information Report. The Comptroller lists it among the entities not required to file. Qualifying is a defined test, not simply being a veteran. Read the Comptroller's veteran-owned business page before you assume it covers you.

More than a late fee. The Comptroller's guidance is blunt. The entity may forfeit its right to transact business. It may lose the right to sue or defend itself in a Texas court. And each member or owner becomes personally liable for certain debts of the company. Those are Tax Code sections 171.251 through 171.255. That is the liability shield you formed the LLC for, undone by a free form.

What to Do Next

Once your Texas LLC is approved, take these steps to set your business up for success.

NW logo

Ready To File?

Start your Texas LLC with Northwest Registered Agent. $39 + state fee includes registered agent, business address, domain, and more.

Start Your LLC →

About the Author

Daniel Wong

Legal & Compliance Analyst

Daniel grew up in the shadow of Silicon Valley but chose the legal route over engineering, working as a paralegal for a corporate law firm specializing in mergers and acquisitions. He realized that early-stage founders were constantly making catastrophic legal mistakes because they couldn't afford a $500/hour attorney, prompting his move to B2B media.

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