How to Start an LLC in Texas: Fees, Forms, and Timeline

Quick Answer
To start an LLC in Texas, file a Certificate of Formation for a Limited Liability Company (Form 205) with the Texas Secretary of State. The filing fee is $300 as of November 2026, and it is the same online or on paper. You can file online yourself, name a registered agent with a Texas street address, and then get a free EIN from the IRS.
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Key Takeaways
- A Texas LLC exists once the Secretary of State files your Certificate of Formation (Form 205).
- As of November 2026, the state fee is $300, and expedited handling costs extra.
- Texas has no annual LLC report with the Secretary of State, but the LLC files with the Comptroller every year by May 15.
- You need a registered agent with a Texas street address; the LLC cannot be its own agent.
- The EIN is free from the IRS, and a formation service is optional.
Texas LLC fees at a glance
- Filing fee
- $300 · Certificate of Formation for a Limited Liability Company (Form 205)
The $300 fee is the same whether you file online through SOSPortal or on paper. Optional expedited processing costs extra: $50 for standard expedite, $500 for next day, or $750 for same day. - Annual / ongoing
- No annual report is filed with the Secretary of State and there is no annual report fee; instead, each year the LLC files a franchise tax report or Public Information Report with the Texas Comptroller, due May 15.
- State tax note
- Texas LLCs, including single member LLCs, are subject to the Texas franchise tax. For report years 2026 and 2027, an LLC with total revenue at or below the $2,650,000 no tax due threshold owes no tax but must still file a Public Information Report by May 15.
- Where to file
- Texas Secretary of State (official site)
How do you file an LLC in Texas yourself?
A Texas limited liability company is created by filing a certificate of formation with the Texas Secretary of State, and online filing is available [1]. The form for an LLC is Form 205 [2]. You can file it yourself in one sitting if you have the facts below ready.
- Check the name. The name must follow chapter 5 of the Texas Business Organizations Code. You can ask the Secretary of State for a preliminary name check, but a preliminary clearance is not final, so do not order signs or sign leases until your certificate is filed [3].
- Choose a registered agent. This is a person or company that accepts legal papers for the LLC at a Texas street address. The next section covers the rules.
- Fill out Form 205. You give the LLC name, the registered agent and office, and say whether the LLC has managers. If it has managers, list each initial manager; if not, list each initial member. At least one person is required, and only one organizer is needed [3].
- File online and pay. File directly with the state through the Texas Secretary of State online filing page at www.sos.state.tx.us. The filing fee for Form 205 is $300 as of November 2026 [4]. The certificate becomes effective when the Secretary of State files it, unless you pick a delayed date of up to 90 days after signing.
- Get an EIN. Apply with the IRS after the state files your certificate (details below).
- Sign a company agreement. Texas calls the operating agreement a company agreement. You keep it with your records; the Form 205 instructions do not ask you to file it.
Should your Texas LLC have managers?
Form 205 makes you choose. A member-managed LLC is run by its owners, so you list each initial member. A manager-managed LLC is run by one or more named managers, who may or may not own a share, so you list each initial manager instead [3]. Most one-owner businesses pick member-managed because the owner runs the business anyway. Manager-managed can suit a company with silent investors who want a share of the profits but no daily role. Whatever you pick, write the same structure into your company agreement so the two documents match.
If you are still choosing a business, our guides to starting a business and the startup cost calculator help you plan before you form the LLC.
How much does an LLC cost in Texas?
The one required state cost to form a Texas LLC is the $300 certificate fee, as of November 2026 [4]. Everything else is optional or comes later.
| Cost | Amount (as of November 2026) | Source |
|---|---|---|
| Certificate of Formation (Form 205) | $300, online or paper | Texas SOS Form 806 [4] |
| Expedited handling (optional) | $50 standard, $500 next day, $750 same day | Texas SOS Form 806 [4] |
| Annual report with the Secretary of State | None | Texas SOS Form 806 [4] |
| Franchise tax report or Public Information Report | Filed every year by May 15 | Texas Comptroller |
| EIN | Free | IRS |
The Secretary of State's fee schedule (Form 806, revised 09/26) lists $300 for a certificate of formation and the three optional expedite fees shown above. It lists no report fee for LLCs [4].
The yearly obligation is with the Texas Comptroller instead. Texas LLCs, including single member LLCs, are taxable entities for the franchise tax [6]. For report years 2026 and 2027, an entity with total revenue at or below the $2,650,000 no tax due threshold owes no franchise tax, but it must still file a Public Information Report by May 15 [5]. Owing no tax is not the same as filing nothing: the report is still due every May 15.
Texas costs more to form than the other launch states we cover. California charges $70 [7], Florida $125 in total [8], Georgia $100 [9] and North Carolina $125 [10], all as of November 2026.
See our LLC by state hub to compare, or the California LLC guide and Florida LLC guide for those states.
Do you need a registered agent in Texas?
Yes. Form 205 asks for a registered agent and a registered office, and the rules are specific [3]:
- The agent can be an individual resident of Texas, or a business entity that is registered to do business in Texas.
- The LLC cannot act as its own registered agent.
- The registered office must be a street address where legal papers can be delivered in person. It may not be only a mailbox service or a telephone answering service.
- The agent must agree to serve, in writing or electronically. You do not file that consent with the form.
Many owners name themselves as the agent if they live in Texas and are usually at a fixed address during business hours. If you move often, work from a home you do not want on public records, or live out of state, a commercial registered agent is the usual alternative. That is a paid service, and its fee is in addition to the state fee.
What comes after filing?
Once the Secretary of State files your certificate, the LLC exists. A few tasks remain before you open for business.
- EIN. The IRS issues an EIN for free, and "you never have to pay a fee for an EIN." The IRS also advises forming your LLC with the Secretary of State before you apply, or your application may be delayed [11]. Use the EIN to open a business bank account.
- Company agreement. Write down who owns what share, who manages, how profits are split and what happens if a member leaves. Even a one-member LLC benefits from one, because it shows the business is separate from you.
- State tax registration. The franchise tax report or Public Information Report is due to the Comptroller by May 15 each year. If you sell taxable goods or services, check with the Comptroller whether you also need a sales tax permit.
- Local licenses and names. Cities and counties set their own permits for food, signs, home businesses and building use. Check with your city and county before you open.
Should you file yourself or use a formation service?
Filing yourself is enough for most single owners and small teams. Form 205 is short, and the state charges the same $300 whether you or someone else submits it [4]. An online formation service can prepare and submit the form for you, and some also act as your registered agent. Their fee is in addition to the state fee.
| File yourself | Online formation service | |
|---|---|---|
| Paid to the state | $300 | $300, paid through the service |
| Service fee | None | Extra, on top of the state fee |
| Time to prepare | About as long as it takes to gather names and addresses | Similar: you still answer the same questions |
| Registered agent | You or someone you choose | Often offered as a separate yearly service |
| What you still do | Everything below | EIN, company agreement, Comptroller report, local permits |
A service does not change the state fee, and it does not file your yearly Comptroller report unless you pay for that too. Read what is included before you buy.
Frequently Asked Questions
How long does it take to form an LLC in Texas?
The Secretary of State does not publish a standard processing time on the pages we checked. If speed matters, the state sells optional expedited handling: $50 standard, $500 next day or $750 same day, as of November 2026 [4].
Do Texas LLCs pay franchise tax?
Texas LLCs are subject to the franchise tax, including single member LLCs. For report years 2026 and 2027, an LLC with total revenue at or below $2,650,000 owes no tax but must still file a Public Information Report by May 15 [5].
Can I be my own registered agent in Texas?
Yes, if you are a Texas resident with a street address where legal papers can be delivered in person. The LLC itself cannot be its own agent.
Do I file my company agreement with the state?
No. The Form 205 instructions do not ask for it. Keep the signed agreement with your business records.
Our Take
We think most Texas founders can file Form 205 themselves. The form asks for a handful of facts, and the $300 state fee is the same no matter who submits it. The part people miss is the yearly report: Texas has no annual report with the Secretary of State, but the Comptroller expects a franchise tax report or Public Information Report every May 15, even when no tax is due. Put that date on your calendar the day your certificate is filed. Pay for a registered agent or formation service only if it solves a real problem for you, such as privacy or living out of state. Our editorial policy explains how we check official sources.
Sources
- Selecting a Business Structure. Texas Secretary of State, 2026.
- Business Organizations Forms. Texas Secretary of State, 2026.
- Form 205 Instructions: Certificate of Formation, Limited Liability Company. Texas Secretary of State, 2026.
- Form 806: Fee Schedule. Texas Secretary of State, 2026.
- Franchise Tax. Texas Comptroller of Public Accounts, 2026.
- Franchise Tax Frequently Asked Questions: Taxable Entities. Texas Comptroller of Public Accounts, 2026.
- Limited Liability Companies: California Domestic. California Secretary of State, 2026.
- 2026 Florida Statutes 605.0213: Fees of the Department of State. Florida Legislature, 2026.
- Register an LLC. Georgia.gov, 2026.
- Fees: Limited Liability Companies. North Carolina Secretary of State, 2026.
- Get an employer identification number. IRS, 2026.
This is general information, not legal, tax or financial advice. Fees, forms and rules change; confirm with the official agency or a licensed professional before you file. Spotted an error? Tell us.




