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Form an LLC in Texas

How to start an LLC in Texas.

What the state asks for, what it charges, and what to file after you form. Fees checked against official Texas sources in .

No state income tax, and most small LLCs owe no franchise tax but still file a yearly report.

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Texas at a glance

State filing fee
$300
Certificate of Formation
Franchise tax
$0 for most small LLCs
Every year
Filed with
Texas Secretary of State
Operating agreement
Not required

For 2026 reports, the no-tax-due threshold is $2,650,000 in annualized total revenue. Entities at or below the threshold generally owe no franchise tax, but must still file a Public Information Report or Ownership Information Report. These are the state's own fees, separate from ours, and they can change. Confirm with the Texas Secretary of State before you file.

Forming an LLC in Texas, step by step.

  1. 1

    Choose a name and check it

    Your name needs "LLC" or a similar designator and must be distinguishable from names on record. Search the Texas business database first.

  2. 2

    Appoint a registered agent

    Someone with a street address in Texas who accepts legal papers and official notices for the LLC. You can serve yourself or use a registered agent service.

  3. 3

    File the Certificate of Formation

    File with the Texas Secretary of State. The state fee is $300. The $300 filing fee excludes any applicable electronic payment convenience charge.

  4. 4

    Write an operating agreement

    Not required. Either way it sets ownership, money, and decisions in writing. See the operating agreement guide.

  5. 5

    Get an EIN

    The business's federal tax ID, free from the IRS. Our EIN assistance can prepare it.

  6. 6

    Register for sales tax if you sell taxable items

    Texas issues a Sales and Use Tax Permit through the Texas Comptroller of Public Accounts. Check local licenses too.

  7. 7

    File your Franchise tax

    Every year: may 15 annually, subject to applicable extensions and weekend or holiday adjustments. The fee is $0 for most small LLCs.

General information, not legal or tax advice. State rules and fees change; this page was last checked in October 2026. YaH Brands is not a law firm or an accounting firm.

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Texas LLC questions

  • The state filing fee for the Certificate of Formation is $300. The $300 filing fee excludes any applicable electronic payment convenience charge. Plan for ongoing costs too, including the Franchise tax fee of $0 for most small LLCs. For 2026 reports, the no-tax-due threshold is $2,650,000 in annualized total revenue. Entities at or below the threshold generally owe no franchise tax, but must still file a Public Information Report or Ownership Information Report.

  • Yes. Texas requires a Franchise tax every year. The fee is $0 for most small LLCs, due may 15 annually, subject to applicable extensions and weekend or holiday adjustments.

  • Not required. Having one is still a good idea for any LLC, and banks often ask for it.

  • Yes. Every Texas LLC must keep a registered agent with a physical address in the state to accept legal papers and official notices.