// Formation — Texas

How to File an LLC in Texas: Step-by-Step Guide

📖 10 min read⭐ Quick Win💰 $300 filing fee📅 February 2026

Texas has no state income tax and doesn't require franchise tax payment until your LLC exceeds $2.47M in annualized total revenue. For most small businesses, that means zero state-level tax. Here's exactly how to file.

Texas LLC Advantages

No state income tax — personal or corporate

No franchise tax below $2.47M total revenue (you still file the report, just owe $0)

Large economy — operating in Texas means access to 30M+ consumers

Community property state — affects ownership for married members

Series LLC available — multiple entities under one filing

Step-by-Step Filing Process

Step 1

Search Your Business Name

Check availability with the Texas Comptroller and Texas Secretary of State.

Step 2

Designate a Registered Agent

Must have a physical Texas street address. You can be your own agent if you're a Texas resident. Services run $25–$300/yr.

Step 3

File Certificate of Formation

File Form 205 online through SOSDirect. You'll need: LLC name, registered agent, management type (member or manager managed), organizer info, and purpose. Filing fee: $300. Processing: 5–7 business days standard.

Step 4

Get Your EIN

Free at IRS.gov — see our guide.

Step 5

File Franchise Tax Public Information Report

Even if you owe $0, you must file annually with the Texas Comptroller by May 15. This is a common gotcha — missing it triggers penalties even when no tax is owed.

Annual Requirements

RequirementDue DateCost
Franchise Tax ReportMay 15 annually$0 under $2.47M revenue
Public Information ReportMay 15 annually (filed with franchise tax)$0
Registered AgentContinuous$0–$300/yr
Don't skip the franchise tax report. Even though most small LLCs owe $0, Texas will forfeit your LLC if you fail to file. A forfeited LLC loses its liability protection. Set a calendar reminder for May 15 every year.

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Disclaimer: This guide is for informational purposes only and is not legal or tax advice. Requirements vary by state. Consult a qualified attorney or CPA for your specific situation.