An LLC in Texas starts with one filing: the Certificate of Formation, sent to the Texas Secretary of State with a $300 fee. After that there is no yearly state filing fee, though the Texas Franchise Tax can apply.
File with the Texas Secretary of State
Before you file in Texas
Texas has two public lookups: the Secretary of State's SOSPortal charges $1 a search, while the Comptroller's Franchise Tax Account Status search is free. An LLC under the no-tax-due revenue threshold owes no franchise tax but still files its Public Information Report each year; unmet franchise tax requirements can cost the LLC its right to do business in Texas.
Forming the LLC, step by step
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Check that the name is free
Start from our Texas business lookup or go straight to the official Texas search. Search existing entity names in SOSPortal, which charges $1 per search, or call the Secretary of State at (512) 463-5555 for a preliminary determination. A name is only final once the formation filing is reviewed, and it must be distinguishable from existing entities, registered names and reservations.
Add an ending such as "LLC" or "Limited Liability Company". What counts as too close to an existing name is in the name availability guide.
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Reserve the name, if you want to hold it
Optional. If you are not ready to file, a reservation costs $40 and holds the name for 120 days, renewable. Source, checked 2026-10-26
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Appoint a registered agent
Every Texas LLC names one in its filing: a person or company with a street address in Texas who accepts legal papers for it. You can be your own agent, but your address then goes on the public record. More in what a registered agent does.
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File the Certificate of Formation
File the Certificate of Formation, Limited Liability Company (Form 205) with the Texas Secretary of State. The state fee is $300. Source, checked 2026-10-26
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Get an EIN from the IRS, free
With the approval in hand, get the LLC's federal tax number, the EIN, from the IRS online application. It costs nothing and gives the number at once. Banks ask for it before they open a business account.
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Write an operating agreement
It records who owns the LLC, how profit is split, who decides and what happens when a member leaves. It stays with the company's records; the Texas Secretary of State never sees it. Without one, Texas's default LLC rules fill the gaps. See what goes in one.
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Keep it in good standing
Public Information Report, with the franchise tax report to the Comptroller: no fee, every year, due May 15. Texas has no annual report with the Secretary of State: the yearly filing goes to the Comptroller. Source, checked 2026-10-26
Texas Franchise Tax: A privilege tax collected by the Comptroller on each taxable entity formed in or doing business in Texas; for report years 2026 and 2027 entities with total revenue at or below $2,650,000 owe no tax, and the rate is 0.375% for retail or wholesale and 0.75% for other businesses. Source, checked 2026-10-26
Keep the registered agent and the addresses on file up to date too: a state can dissolve an LLC that misses its filings or loses its agent.
What a Texas LLC costs
- Certificate of Formation: $300 Source, checked 2026-10-26
- Public Information Report, with the franchise tax report to the Comptroller: $0 a year Source, checked 2026-10-26
These are the state's fees. A commercial agent and local licenses, if you need them, are extra.
To check a name, a status or an agent on the state record, use the Texas business lookup. Banking, licenses and the other steps that work the same everywhere are in how to start an LLC.
General information, not legal or tax advice. Facts checked 2026-10-26 against the official sources linked above; confirm with the state or the IRS before you file. How we check our facts · Report an error