Texas has no personal state income tax. That alone makes it one of the most popular states for LLC formation. But Texas does have a franchise tax, and ignoring it is the single most common mistake new LLC owners make. We'll cover that alongside every other step.
The full Texas LLC formation process takes about an hour of your time and $300 in state fees. You can do it entirely online through the Texas Secretary of State's SOSDirect system. No lawyer required for a straightforward single-member or two-member LLC, though complex ownership structures or real estate holdings benefit from legal guidance.
To form an LLC in Texas, choose a registered agent and file a Certificate of Formation with the Secretary of State ($300). Then get an EIN from the IRS, open a business bank account, and apply for any required permits. You can file online through SOSPortal, although processing times vary.
This guide walks through each step in the order you actually do them, with the costs and timelines you'll encounter. For choosing a name, see LLC naming guide.
Step 1: Choose your LLC name
Your Texas LLC name must include "LLC" or "Limited Liability Company" and be distinguishable from any existing entity registered in Texas. Search the Texas Secretary of State's SOSPortal database to check availability. The search is free and returns results instantly.
Texas is relatively lenient on name similarity. "Bright Studio LLC" and "Bright Studios LLC" would likely both be accepted as distinguishable. But being legally distinguishable doesn't mean your customers won't confuse the two. Search broadly and consider trademark implications before committing.
If your name is available but you're not ready to file immediately, Texas allows name reservations for 120 days at $40. This prevents someone else from registering it while you prepare your formation documents.
You can also file a DBA (Assumed Name Certificate) if you want to operate under a different name than your legal LLC name. The DBA filing costs $25 per county where you do business in Texas. This lets "Smith Holdings LLC" operate publicly as "Bright Studio" without changing the legal entity name.
Step 2: Choose a registered agent
Every Texas LLC must have a registered agent with a physical street address in Texas. No PO boxes. The agent receives legal documents (lawsuits, government notices, tax correspondence) on behalf of the LLC. This is a legal requirement, not optional.
Option 1: Be your own agent. Free, but your home address becomes public record on the Texas SOS website. Anyone can look up your LLC and find your personal address. You also must be available at that address during normal business hours to accept documents in person. If you're travelling or working remotely, you can miss a critical legal notice.
Option 2: Use a registered agent service. $50 to $199/year. The service provides a Texas address, forwards documents to you, and ensures nothing gets missed while you're unavailable. Northwest Registered Agent ($125/year) and ZenBusiness ($199/year after the first free year) are popular options. For service comparisons, see best LLC formation services.
Option 3: Use a friend or family member in Texas. Free, but they must be available at the registered address during business hours and they'll see every legal document your LLC receives, including lawsuits. Most people prefer the privacy of a paid service.
Step 3: File the Certificate of Formation
This is the actual formation step. You file the Certificate of Formation (Form 205) with the Texas Secretary of State.
Online filing (recommended): Visit the Texas Secretary of State's SOSPortal and create an account. Complete the Certificate of Formation (Form 205) with your LLC name, registered agent information, management structure, organiser details, and effective date. The filing fee is $300, payable by ACH or credit card, although credit card payments carry an additional convenience fee. Processing times vary, and expedited filing options are available for an additional charge.
Mail filing: Download Form 205, complete it, and mail it with the $300 filing fee to the Texas Secretary of State. Processing times vary, so check the state's current turnaround times before submitting.
The $300 fee is non-refundable. If your filing is rejected (usually because the name is too similar to an existing entity or required information is missing), you can correct and resubmit without paying again, but the original fee isn't returned if you abandon the filing.
Member-managed vs manager-managed: most single-member and small multi-member LLCs choose member-managed, meaning all owners participate in running the business. Manager-managed is for LLCs with passive investors who own a share but don't participate in daily operations. If you're not sure, choose member-managed. You can change this later by filing an amendment ($150).
Step 4: Create an Operating Agreement
Texas doesn't legally require an operating agreement, but you should have one anyway. Banks require it to open a business account. It also protects your personal liability shield: without an operating agreement, a court could argue the LLC isn't a separate entity from you personally (called "piercing the corporate veil"), exposing your personal assets to business debts.
Your operating agreement should cover: ownership percentages, profit and loss distribution, voting rights, member responsibilities, process for adding or removing members, what happens if a member dies or becomes incapacitated, and the process for dissolving the LLC.
For single-member LLCs, the operating agreement is simpler but still essential. It establishes the LLC as a separate entity and documents how the business operates. A basic single-member operating agreement is 3 to 5 pages. Most LLC formation services include a template. Free templates are available from the Texas Secretary of State website and SCORE (SBA's mentoring arm).
Step 5: Get an EIN (Employer Identification Number)
The EIN is free and takes 10 minutes. Apply online at irs.gov/ein. You'll need your LLC's legal name, Texas address, and the responsible party's SSN or ITIN. The EIN is issued immediately upon completion of the online application.
Every LLC needs an EIN, even single-member LLCs. Banks require it to open business accounts. The IRS uses it for tax filings. Vendors and clients use it on W-9 forms. Don't pay an LLC formation service $70 to $99 for this. It's free and faster to do yourself.
One EIN per LLC. If you dissolve and reform, the new LLC needs a new EIN. If you change your LLC's name or address, you keep the same EIN. If you change from single-member to multi-member entity, you keep the same EIN.
Step 6: Open a business bank account
Separate your personal and business finances immediately. Mixing them is the fastest way to lose your personal liability protection. Courts use "commingling of funds" as evidence that the LLC isn't a real separate entity.
What you need to open a business bank account: Certificate of Formation (the approved filing from the Texas SOS), EIN confirmation letter, operating agreement, government-issued ID, and a business address.
Traditional banks: Chase, Bank of America, Wells Fargo all offer business checking in Texas. Expect monthly fees of $10 to $30 (often waivable with minimum balances of $1,500 to $5,000). In-person branch visit required.
Online options: Grey Business lets you open a multi-currency business account in your LLC name with US routing and account details, no branch visit required. You get USD, GBP, and EUR accounts. If your Texas LLC works with international clients or vendors, the multi-currency capability eliminates the need for separate foreign currency accounts or expensive wire transfers for each currency. The Grey conversion fee is 1% capped at $6, compared to bank wire fees of $25 to $50 per international transfer.
Step 7: Texas franchise tax
This is the step most guides bury at the bottom. Don't skip it. Texas LLCs are generally subject to franchise tax rules, but that doesn't mean every LLC owes tax or must file a franchise tax report. Businesses with annualised total revenue at or below the state's no-tax-due threshold generally owe no franchise tax and don't need to file a franchise tax report. However, they must still submit an annual Public Information Report (PIR) or Ownership Information Report (OIR), unless an exception applies.
For 2026 and 2027, the no-tax-due threshold is $2.65 million in annualised total revenue. LLCs at or below this threshold generally owe $0 in franchise tax and no longer need to file a No Tax Due Report. They must still submit the applicable annual information report.
Missing required franchise tax filings or annual information reports can put your LLC's good standing at risk and may lead to forfeiture of its right to transact business in Texas. Even when no franchise tax is owed, it's important to submit the required PIR or OIR on time.
Filing deadlines: the initial franchise tax report is due May 15 of the year after formation. If you form your LLC in September 2026, your first report is due May 15, 2027. Annual reports are due May 15 every year after that. File electronically through the Texas Comptroller's Webfile system.
Tax rates (for LLCs above $2.65 million): 0.375% for retail and wholesale businesses, 0.75% for all other businesses, applied to the LLC's "taxable margin" (roughly, the lesser of total revenue minus cost of goods sold, total revenue minus compensation, 70% of total revenue, or total revenue minus $1 million).
After formation: What comes next
Business licences and permits. Texas doesn't have a general business licence, but specific industries require state or local permits. Food service needs a health department permit. Construction needs a contractor's licence. Check with your city and county clerk for local requirements.
Sales tax permit. If you sell taxable goods or services in Texas, apply for a sales tax permit through the Texas Comptroller. The permit is free. Texas sales tax is 6.25% state rate plus up to 2% local rate (total up to 8.25%). Don't collect sales tax without a permit, and don't sell taxable items without collecting it.
Business insurance. Not legally required for single-member LLCs in Texas (unless you have employees, in which case workers' compensation is recommended but not mandatory in Texas). General liability insurance ($30 to $100/month) protects against third-party claims. Professional liability (errors and omissions) is worth considering if you provide professional services.
Separate credit. Apply for a business credit card in your LLC name to start building business credit. Use it for business expenses and pay in full each month. Business credit is separate from personal credit and can help you secure financing later.
Ready to start your Texas LLC? Open a Grey Business account and get US banking details in your LLC name from day one.
Frequently asked questions about how to start an LLC in Texas
How much does it cost to start an LLC in Texas?
$300 state filing fee for the Certificate of Formation. Optional costs: registered agent service ($50 to $199/year), name reservation ($40), DBA filing ($25 per county), and EIN (free from IRS). Total out-of-pocket for a basic LLC: $300 to $500 in the first year. For cost breakdowns across states, see LLC cost guide.
How long does it take to form a Texas LLC?
Processing times for Texas LLC formation vary depending on the filing method and current workload. Online applications can be submitted through SOSPortal, and expedited same-day or next-day processing is available for an additional fee. Once your LLC is approved, you can apply for an EIN and open a business bank account. The overall timeline depends on how quickly your filing is approved and your bank account is set up.
Does a Texas LLC pay state income tax?
Texas has no personal state income tax, but LLCs are generally subject to the state's franchise tax rules. For 2026 and 2027, LLCs with annualised total revenue of $2.65 million or less generally owe no franchise tax and don't need to file a franchise tax report. However, they must still submit an annual Public Information Report or Ownership Information Report, unless exempt. LLCs above the threshold generally pay 0.375% (retail/wholesale) or 0.75% (other businesses) on their taxable margin, although an alternative EZ computation method is available for eligible businesses. For filing details, see LLC tax guide.
Do I need a lawyer to form an LLC in Texas?
Not for a straightforward single-member or small multi-member LLC. The SOSDirect online filing system is user-friendly and walks you through each section. A lawyer ($500 to $2,000) is worth the cost if your LLC involves complex ownership structures, significant assets, real estate holdings, or multiple members with different contribution levels. For dissolution guidance, see dissolve an LLC.
Can a non-US resident start an LLC in Texas?
Yes. Texas does not require LLC owners to be US citizens or residents. You'll need a registered agent with a Texas address, an EIN from the IRS (apply by mail using Form SS-4 if you don't have a US SSN), and a business bank account that accepts non-resident LLCs. Grey Business serves international founders without requiring a US branch visit.
Start your Texas LLC and open Grey Business for US banking details in your LLC name.
Disclaimer: This article is for informational purposes only. All costs and details are estimates based on mid-2026 data. Verify current information before making decisions. Grey isn't a bank. We're a licensed financial services provider offering multi-currency accounts.





