TX
The Lone Star State · Est. 1845
Austin · Texas Div. of Corporations

Form an LLC in Texas, step by step.

No individual income tax; franchise tax on entities above $2.47M no-tax-due threshold (2026). Public Information Report due May 15 with no filing fee. Series LLCs supported.

✓ Updated April 2026 · ✓ Verified by Texas Div. of Corporations · ✓ 18 min read
Certificate of formation · Specimen
Not a legal document — design reference only
SAMPLE CO. LLC
A Texas limited liability company
Entity type
Limited Liability Co.
State
Texas
Registered agent
Registered Agents Inc.
Filing date
Apr 2026
Status
In good standing
FILE № TX-0000-45-SAMPLE FILED
On this page 9 sections
Texas walkthrough

The 7-step walkthrough.

  1. 01

    Pick a unique Texas LLC name

    ⏱ 10 min Free

    Must end in "LLC", "L.L.C." or "Limited Liability Company." Search the Texas Division of Corporations name database before you file.

  2. 02

    Appoint a registered agent

    ⏱ 5 min $39–$199/yr

    Must have a physical Texas address. Use a commercial service or your own address if you live in-state and are there during business hours.

  3. 03

    File your formation certificate

    ⏱ 15 min $300.00

    The one-page form goes to the Texas Secretary of State. Online is fastest; mail and in-person filings are still accepted.

  4. 04

    Create an Operating Agreement

    ⏱ 30 min Free

    Not filed with the state, but legally required inside the LLC. Our free template covers ownership, distributions, and dissolution.

  5. 05

    Get an EIN from the IRS

    ⏱ 10 min Free

    Federal tax ID. Free, online, ten minutes. Never pay anyone for an EIN — the IRS form is free.

  6. 06

    Open a business bank account

    ⏱ 30 min Free

    Mercury, Relay, or a local bank. Requires EIN and stamped certificate. Separates personal and business liability.

  7. 07

    Pay the annual report / franchise fee

    ⏱ 15 min $0.00/yr

    Annual compliance for Texas LLCs. Set a calendar reminder — late fees compound quickly.

If you're not raising venture capital, Delaware is probably the wrong choice. It looks prestigious. It's expensive if you operate elsewhere.

— The Editors · Incorporator.org
⚠ Watch out The foreign qualification trap

Living in one state but forming in another? You'll pay twice.

If your LLC is based in Texas but you do business in another state, you must register as a "foreign LLC" there — a second filing fee, a second registered agent, and a second annual report. For most solo founders, forming in your home state is cheaper than chasing another state's reputation.

Common mistakes

Three things we see founders get wrong.

  1. Paying for an EIN. The IRS issues them for free in ten minutes. Third-party "EIN services" are marking up a free government form.
  2. Skipping the Operating Agreement. Texas doesn't require you to file one — but the courts will treat the default statute as your agreement if you don't write your own. Protect yourself; use the template.
  3. Missing the annual report deadline. Late fees compound. Add the date to your calendar the day you file.
Our recommendation

Don't want to file it yourself?

Our top-rated service for Texas LLCs is Northwest. $39 + state fees. Real humans. No upsells.

Form with Northwest
Further reading

More on incorporating in Texas