How to Start an LLC in Texas (2025 Guide)
Wondering how to start an LLC in Texas? We’ve got you covered.
To get started, you’ll need to pick a suitable business name, choose a registered agent, and file your Certificate of Formation with the Texas Secretary of State. The cost to form an LLC in Texas is $300.
You can do this independently, consult with a business attorney for specialized legal guidance, or join the other 65% of our readers and hire a specialized Texas LLC formation service (recommended).
How to Form an LLC in Texas in 5 Steps
In order to form your LLC in Texas, there are certain steps you’ll need to complete:
- Name Your LLC
- Choose a Texas Registered Agent
- File Your Certificate of Formation
- Create an LLC Operating Agreement
- Obtain an EIN
Step 1: Name Your Texas LLC
Before you get started, you will need to pick a suitable name for your Texas LLC.
This will need to comply with all Texas naming requirements, be available, and (ideally) have a matching domain that you’ll use for your website.
1. Texas LLC Naming Guidelines
- Your name must include the phrase “limited liability company” or one of its abbreviations: “LLC, L.L.C., Limited, Ltd., Company or Co.”
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Names must be distinguishable from other business entities in the state, including assumed names (DBAs).
- Your name cannot be considered grossly offensive to the point that it’s unacceptable as an entity name.
- Your name cannot include certain restricted words without prior written approval from the relevant state body (e.g., bank, olympic, college, etc).
We recommend checking out the Texas Secretary of State’s guidelines for a complete list of naming rules in this state.
2. Texas Name Availability Search
To check whether your desired name has already been taken by another business entity in Texas, you can perform a Taxable Entity Search on the Texas Comptroller of Public Accounts website.
If you’re not going to start your LLC right away, it might be a good idea to consider reserving your name for up to 120 days ($40 processing fee).
For more information, you can have a look at our Texas LLC Name Search guide.
3. Finding the Right Domain
You should check online to see if your business name is available as a web domain. Even if you plan to create a business website right away, this is an extremely important step as it will prevent others from acquiring it, potentially saving you both time and money in the long term.
Once you have verified your name is available, you can select a professional service to complete the LLC formation process.
FAQ: Naming a Texas LLC
LLC is short for “limited liability company”. It is a simple business structure that offers more flexibility than a traditional corporation while still providing legal protection for your personal assets. Read What is a Limited Liability Company for more information.
Or, watch our two-minute What is an LLC video.
You must follow the Texas limited liability company naming guidelines when choosing a name for your LLC:
- Include “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Do not use words that could confuse your business with a government agency (FBI, State Department, CIA, etc.).
- Receive the proper licensing when using the words such as lawyer or doctor.
If you are having trouble creating a name for your LLC, use our LLC Name Generator. We’ll help you find a unique name for your business and an available URL to match.
Most LLCs do not need a DBA, known as an assumed name in Texas. The name of the LLC can serve as your company’s brand name, and you can accept checks and other payments under that name as well. However, you may wish to register a DBA to conduct business under another name.
To learn more about DBAs in your state, read our How to File a DBA in Texas guide.
Step 2: Choose a Registered Agent in Texas
After you find the right name for your LLC, you will need to assign a Texas registered agent. This is a necessary step in your Certificate of Formation, which is the document used to file and register your LLC with the Secretary of State.
What is a registered agent?
A registered agent is an individual or business entity responsible for receiving necessary tax forms, legal documents, notice of lawsuits, and official government correspondence on behalf of your business. You can think of your registered agent as your business’s primary point of contact with the state.
Who can be a registered agent?
A registered agent must be a resident of Texas or a corporation authorized to transact business in the state. You can choose to elect an individual within the company (e.g., yourself, etc.), use an attorney (not recommended due to the high cost), or go with a registered agent service.
Important: Your registered agent must consent to appointment in written or electronic form. The statement of consent should include the following:
- The name of your LLC
- An express statement that the person designated consents to serve as the LLC’s registered agent
- The name of the person designated as the registered agent
- The signature of the registered agent
- The date of execution
Keep in mind that this consent statement doesn’t have to be filed with the Secretary of State.
Get Free Registered Agent Services
Form an LLC with Northwest Registered Agent to get one year of registered agent services free of charge.
FAQ: Nominating a Registered Agent
Yes. You can choose to act as your own registered agent, appoint a member of your LLC, work with a business attorney, or hire a professional registered agent service (recommended).
Read more about being your own registered agent.
Using a professional registered agent service is an affordable way to manage government filings for your LLC. For most businesses, the advantages of using a professional service significantly outweigh the annual costs.
Step 3: File the Texas LLC Certificate of Formation
To register your Texas LLC, you must file Form 205 – Certificate of Formation with the Texas Secretary of State. You can do this online, by mail, or by fax.

Before filing, make sure you have completed your Certificate of Formation correctly. You will need to have filled in the following sections:
- Your LLC’s entity name and type
- The name and physical street address of your registered agent
- How your LLC is managed (i.e., member-managed or manager-managed)
- The name and address of each initial governing person
- Your LLC’s initial mailing address (i.e., the mailing address for state franchise tax correspondence)
- Any supplemental provisions or information
- The name and address of the organizer
- The date/event after which the Certificate of Formation becomes effective
File the Certificate of Formation
OPTION 1: File Form 205 Online with the Secretary of State
File Online– OR –
OPTION 2: File the Certificate of Formation by Mail or by Fax
Download FormState Filing Cost: $300, payable to the Secretary of State. (Nonrefundable)
Mail to:
Secretary of State
P.O. Box 13697
Austin, TX 78711
Fax: (512) 463-5709
Keep in mind that you may be eligible to file for free if you’re a veteran. For more information on this, you can have a look at our Texas Certificate of Formation guide.
Note: If you’re expanding your existing business to the state of Texas, you’ll need to register as a foreign limited liability company (LLC).
FAQ: Filing Texas LLC Documents
It typically takes five to seven days for an LLC to be formed in Texas, though expedited documents can be processed by the end of the next business day for an additional $25.
An LLC is called a “domestic LLC” when it conducts business in the state where it was formed. A foreign limited liability company must be created when an existing LLC wishes to expand its business to another state.
It costs $300 to file your Certificate of Formation with the Texas Secretary of State and officially register your LLC with the state.
To form a professional limited liability company (PLLC) in Texas, each professional member must hold the relevant state license before filing a PLLC-specific Certificate of Formation (Form 206) with the Texas Secretary of State. In some professions, your PLLC may need approval from the state licensing board before it can file with the state.
Step 4: Create a Texas LLC Operating Agreement
An operating agreement, known in Texas as a company agreement, isn’t required for Texas LLCs, but having one is a good practice.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all LLC members are on the same page and reduces the risk of future conflict.
You can use the free tool in our Business Center to create a custom operating agreement in minutes — or download our free templates:
FAQ: Creating a Texas LLC Operating Agreement
No. The operating agreement is an internal document that you should keep on file for future reference. However, many other states legally require LLCs to have an operating agreement.
Step 5: Get an EIN for Your Texas LLC
You can get an Employer Identification Number (EIN) from the IRS for free. It is used to identify business entities and keep track of their tax reporting. It is essentially a Social Security number (SSN) for the company.
Why do I need an EIN? An EIN number is required for the following:
- To open a business bank account for the company
- For federal and state tax purposes
- To hire employees for the company
Where do I get an EIN? An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.
FOR INTERNATIONAL APPLICANTS: You do not need an SSN to obtain an EIN. Read our guide to getting an EIN for international entrepreneurs.
Get an EIN
Option 1: Request an EIN from the IRS
Apply Online– OR –
Option 2: Apply for an EIN by Mail or Fax
Download FormMail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
Fee: Free
FAQ: Getting an EIN
An EIN (Employer Identification Number) is a federal tax identification number that acts as a Social Security number for your business. This number is given out by the IRS, not the State of Texas.
An SSN is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at 267-941-1099 to complete your EIN application. Read our guide for international EIN applicants.
All LLCs with employees, or any LLC with more than one member, must have an EIN. This is required by the IRS.
Learn why we recommend always getting an EIN and how to get one for free in our Do I Need an EIN for an LLC guide.
Best LLC Services in Texas Compared
Service | Total Cost* | Filing | Registered Agent | EIN | Operating Agreement |
---|---|---|---|---|---|
Northwest
TOP PICK
25% TRUiC Discount
|
$379 | $29 | Free 1st Year $125/yr after | $50 | Free |
Tailor Brands
35% TRUiC Discount
|
$627 | $0 | $199/yr | $99 | $29 |
ZenBusiness
|
$597 | $0 | $99 1st Year $199/yr after | $99 | $99 |
LegalZoom
|
$727 | $0 | $249/yr | $79 | $99 |
For a comprehensive comparison, read our Best LLC Service guide. We reviewed and ranked the top LLC formation services to help you determine the best fit for your new business.
Important Next Steps to Protect Your Texas LLC
After you’ve formed your LLC, you’ll need to complete several key steps in order to:
- Separate your personal and business assets
- Stay compliant with state and federal laws
1. Get a Business Bank Account and Credit Card
Getting a dedicated business bank account is an essential part of operating legitimately as it keeps your personal and business assets separate, and therefore helps shield your personal limited liability.
Skipping this step can often lead to:
- Courts determining that you haven’t been treating your LLC as a separate entity
- Your “corporate veil” being pierced, meaning that you will no longer benefit from limited liability in law.
Recommended: Have a look at our Best Business Bank Accounts for LLCs in 2025 review.
You can also choose to acquire a corporate credit card if you’re interested in building your credit and potentially raising capital down the line.
2. Check If You Need a Texas Business License
Texas does not require LLCs to hold a “general” business license in order to operate.
Even so, you should know that business licensing is regulated at a local, state, and federal level, so your licensing needs will ultimately depend on your exact location and industry.
- Local Licenses: You’ll need to check with your city or county clerk’s office to identify any local licensing requirements, such as zoning permits or health department approvals you’ll need.
- State-Level Licenses: You can use this detailed PDF document provided by the Secretary of State for all state-issued licenses and permits that may apply to your LLC.
- Federal Licenses: While most Texas LLCs will not be subject to federal regulation, those involved in heavily regulated industries (such as agriculture, alcohol, and firearms) will. You can have a look at this Small Business Administration article for the relevant federal agency you’ll need to contact.
A few questions to ask yourself when deciding whether you need a license include:
- Will you sell, lease, or rent taxable goods or services? If so, you’ll likely need a Sales Tax Permit from the Texas Comptroller of Public Accounts. You can find more information on this on our Texas Sales Tax guide.
- Will you work as a licensed professional? If your LLC will focus on regulated fields — such as medicine, law, insurance, or real estate — you’ll need to ensure that you or a member of your LLC is appropriately licensed.
- Will your LLC’s activities negatively impact the environment? If so, you might need to obtain a business license or permit from the Texas Commission on Environmental Quality.
For more information, you can have a look at our Texas Business License guide; If you’d rather have a service handle this step for you, we recommend checking out LegalZoom’s Business License service.
3. Understand Your Texas LLC Tax Obligations
Texas LLCs are not all taxed in the same way; this is because LLCs are taxed as pass-through entities by default, meaning that they are largely taxed similarly to sole proprietors — the business gets paid, the profits pass to you as the owner, and you get taxed. There is no “corporate” tax involved.
This means that:
On a Federal Level
You’ll need to submit personal income tax returns using either Form 1040 (for single member LLCs) or Form 1065 (for multi-member LLCs). If you have employees, you will also be subject to federal income tax withholding.
On a State Level
Your LLC may have to pay additional taxes — such as sales taxes, franchise taxes, and transportation taxes. Keep in mind that Texas does not impose a state income tax.
On a Local Level
Your LLC may be required to pay property and even sales and use taxes on a county level. For the latter, this will need to be paid in addition to the state sales and use tax that Texas imposes.
For more information on the Texas-specific LLC tax obligations that may apply to you, we recommend having a look at our in-depth Texas LLC Taxes guide. Alternatively, you can schedule a free online consultation with 1-800 accountant for all your tax-related questions.
4. Get Business Insurance for Your LLC in Texas
Even though an LLC offers limited liability, you’ll still likely need to purchase some form of business insurance to protect your LLC’s assets.
This is because an LLC’s default limited liability protects your personal assets, not the business’s. Some of the most common types of business insurance include:
- General Liability Insurance: This is a broad insurance policy that protects your business from lawsuits. Most small businesses end up getting general liability insurance.
- Professional Liability Insurance: This is a business insurance policy for professional service providers (consultants, accountants, etc.) that covers against claims of malpractice and other business errors.
- Workers’ Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In Texas, businesses are not legally required to obtain this (unlike most states).
What This Means:
Without insurance: If someone sues your bakery for $40,000, they could take your commercial mixer and empty your business account ($25,000 total), but won’t be able to touch your house or personal savings.
With insurance: Your business liability policy could cover the $40,000 claim, meaning that both your personal and business assets would remain untouched.
That’s why many small business owners turn to providers like Next Insurance for affordable, tailored coverage. Get a free quote today.
Want to learn exactly what coverage your Texas business may need? Read our full Texas Business Insurance guide.
5. Learn How to Properly Sign Your LLC’s Legal Documents
Improperly signing a document as yourself and not as a representative of the business can leave you open to personal liability.
When signing legal documents on behalf of your company, you we recommend following this formula to avoid any problems:
- Formal name of your business
- Your signature
- Your name
- Your position in the business as its authorized representative
6. Complying With Your Annual Filing Requirements
Complying with your Texas LLC’s annual filing requirements will generally involve filing a Public Information Report (PIR), which is the equivalent of an annual report in states outside of Texas. LLCs that exceed an annual income threshold of $2.47 million will also need to file a Franchise Tax Report.
Submit a Public Information Report for Your Texas LLC
In order to ensure that your Texas LLC maintains its good standing with the state, you’ll be required to submit a Public Information Report with the Texas Comptroller of Public Accounts each year by May 15.
This is meant to ensure that the state’s records of your business are up to date, and will require you to provide details such as your registered agent information and principal business address.
To submit your PIR, you’ll be able to either:
- Submit it online via the Webfile platform
- Mail it to the following address:
- Texas Comptroller of Public Accounts
- P.O. Box 149348
- Austin, TX 78714-9348
Important: Make sure to file this on time, as failure to do so can lead to your LLC forfeiting its right to sue in Texas or defend itself in court against allegations. All LLC members and directors will also become publicly liable for debts that arise.
Submit an Annual Franchise Tax Report (If Applicable)
If your Texas LLC ends up earning more than $2.47 million in annual revenue, you’ll be required to file an annual franchise tax report with the Comptroller’s office; this is also due by May 15 each year.
The tax rate for this will depend on what your LLC is selling:
- Retail or wholesale: 0.375%
- Everything else: 0.75%
Note: Texas LLCs that earned under the $2.47 million threshold used to be required to file what’s known as a “No Tax Due Report” each year. This was abolished from January 24 onwards, so if you see any outdated data online please feel free to ignore it.
Late Filing Fee Notice: A $50 late fee is imposed on LLCs that fail to submit their franchise tax report on time.
To stay on top of this deadline and other important compliance tasks, we recommend hiring a professional registered agent service — they can help ensure you never miss a filing.
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