LLC Application Texas: Cost, Requirements & How to File
Planning to start a business in Texas? The LLC application Texas process involves choosing a compliant company name, appointing a registered agent, completing the Certificate of Formation, and paying the state filing fee.
Texas is a popular option for businesses operating in the state, but forming an LLC also creates ongoing responsibilities. Here is how to apply, what information you need, and what to do after approval.
Texas LLC Application: Quick Facts
| Requirement | Details |
|---|---|
| State filing fee | $300 |
| Application document | Form 205 — Certificate of Formation |
| Filing authority | Texas Secretary of State |
| Registered agent | Required |
| Registered office | Must have a physical Texas street address |
| EIN | Issued separately by the IRS, when required |
| Franchise tax compliance | Depends on applicable Texas rules and reporting year |
The $300 fee is the state formation filing fee. Registered-agent services, optional professional assistance, and other business costs are additional.
1. Choose Your Texas LLC Name
Your proposed LLC name must meet Texas naming requirements and be distinguishable in the Secretary of State's records from certain existing business names.
Before applying:
- Search the Texas Secretary of State's business resources.
- Include an accepted LLC designation, such as “LLC” or “Limited Liability Company.”
- Avoid names that imply an affiliation with a government agency or an activity the company is not authorized to conduct.
- Check trademarks and domain availability separately if you intend to use the name as a brand.
A name appearing available in the state database does not automatically mean you have trademark rights to it.
2. Appoint a Registered Agent
A Texas LLC must maintain a registered agent and registered office in Texas.
The registered agent receives legal notices and service of process on behalf of the company. The agent may be an eligible individual resident of Texas or an authorized organization that provides registered-agent services.
The registered office must be a physical street address in Texas. A P.O. box alone is not sufficient.
If you live outside the United States, you can generally use a qualifying professional registered-agent service. The agent's address should not automatically be treated as your own business operating address.
Read our guide to LLC registered agents, their duties, and costs.
3. Prepare the Information for Your Application
Before starting the filing, gather the following:
- Proposed LLC name.
- Registered agent's legal name and Texas street address.
- Confirmation that the registered agent has consented to serve.
- Governing structure: member-managed or manager-managed.
- Required names and addresses of initial governing persons.
- Name and contact details of the organizer.
- Any additional provisions you want to include in the formation document.
- Payment method for the state fee.
Review every entry before submitting. Incorrect names, addresses, or governing-person details may delay the filing or require a later correction.
4. Submit Form 205 to the Texas Secretary of State
Texas uses Form 205, Certificate of Formation—Limited Liability Company, to create a standard domestic LLC.
Online application
- Visit the Texas Secretary of State SOSPortal.
- Access the online business filing system.
- Select the option to form a new LLC.
- Enter the company name and required formation information.
- Provide the registered-agent and registered-office details.
- Enter the initial governing-person information required by the form.
- Review the application and pay the $300 filing fee.
- Save the filing confirmation and monitor the application status.
Paper application
You can also submit Form 205 by mail or deliver it to the Texas Secretary of State, following the current official instructions. The state filing fee is $300 for a standard LLC formation.
For the latest form and filing instructions, visit the official Form 205 instructions.
Processing times can vary. Check the Secretary of State's current processing information rather than relying on a fixed approval date.
5. What Does a Texas LLC Application Cost?
The state fee is only one part of the total setup cost.
| Expense | Typical cost |
|---|---|
| Texas LLC formation filing | $300 |
| Registered-agent service | Depends on provider |
| EIN application directly with the IRS | $0 |
| Operating agreement preparation | Depends on provider |
| Tax and accounting services | Depends on complexity |
| Licenses or permits | Depends on business activity and location |
For example, if you pay $300 for state formation and $120 for one year of registered-agent service, your initial subtotal would be $420 before other services or expenses. The $120 registered-agent amount is illustrative, not a state-mandated price.
6. What Happens After Your Texas LLC Is Approved?
Once the state approves the application, save the formation documents and complete the next steps applicable to your business.
Obtain an EIN. Apply to the IRS if your LLC needs an Employer Identification Number. The IRS does not charge a fee for a direct EIN application.
Prepare an operating agreement. This document can establish ownership, management authority, and internal procedures. Keep it with your company records.
Set up business banking. Banks and financial platforms have their own eligibility and verification standards. LLC approval does not guarantee that an account will be opened. See our guide to the best bank accounts for non-U.S. founders.
Review licenses and permits. Requirements depend on your industry, activities, and business location.
Organize tax compliance. Identify applicable federal and Texas filings before deadlines arrive.
7. Understand Texas Franchise Tax Reporting
Texas LLC owners should not assume that the state formation fee is the only state-level obligation.
Texas franchise tax requirements depend on the entity's circumstances and the reporting year's rules. For reports originally due in 2026 and 2027, the no-tax-due revenue threshold is $2.65 million.
Entities at or below the applicable threshold generally do not have to file a separate No Tax Due Report for those years, but most must still submit the required Public Information Report or Ownership Information Report. Different rules apply to certain entities and circumstances.
The threshold does not mean that every LLC below it can ignore all state reporting. Check the current instructions from the Texas Comptroller of Public Accounts.
For more detail, read our Texas LLC franchise tax guide.
8. Can a Non-U.S. Resident Apply for a Texas LLC?
Generally, yes. Non-U.S. residents can own a Texas LLC without automatically having to live in Texas or become a U.S. citizen.
However, international founders should consider several separate requirements:
- Appoint a qualifying registered agent in Texas.
- Determine whether an EIN is required and which application method applies.
- Review federal tax and information-reporting obligations.
- Confirm any industry-specific licenses or permits.
- Assess applicable tax, foreign-investment, and foreign-exchange rules in their country of residence.
For example, a foreign-owned, single-member U.S. LLC may need to file Form 5472 with a pro forma Form 1120 when the relevant federal reporting requirements apply. The obligation depends on the LLC's tax classification and transactions.
If you do not have a Social Security number, read our guide to getting an EIN without an SSN.
Common Texas LLC Application Mistakes
Avoid these common errors:
- Choosing a name without checking state records: Search before filing and check trademark issues separately.
- Entering an unsuitable registered-agent address: The registered office must meet Texas requirements.
- Providing incorrect governing-person information: Verify names and addresses before submission.
- Assuming approval completes every requirement: Tax registrations, licenses, and other obligations may still apply.
- Ignoring franchise tax reporting: A business that owes no franchise tax may still have an information-reporting requirement.
- Confusing the registered-agent address with the operating address: Use addresses accurately for each purpose.
Final Checklist
Before submitting your Texas LLC application, confirm that you have:
- Selected a name that meets Texas requirements.
- Appointed a qualifying registered agent.
- Prepared the information required for Form 205.
- Reviewed the application for errors.
- Budgeted for the $300 state filing fee.
- Planned for the EIN, banking, tax, and licensing steps that apply after approval.
Final Thoughts
The LLC application Texas process starts with Form 205 and a $300 state filing fee. You must also appoint a qualifying registered agent and provide the required formation information.
Before applying, plan for the ongoing obligations too. Franchise tax reporting, federal tax filings, registered-agent renewals, and industry permits can all affect the cost of maintaining your company.
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Frequently Asked Questions
The Texas Secretary of State charges $300 to file a standard LLC Certificate of Formation. Registered-agent services and other optional expenses are additional.
Form 205, Certificate of Formation—Limited Liability Company, is used to create a standard domestic Texas LLC.
Generally, yes. Non-U.S. residents can own Texas LLCs, but they must meet formation requirements and consider applicable tax and home-country rules.
Yes. A Texas LLC must maintain a registered agent and a registered office with a physical street address in Texas.
Not every LLC owes franchise tax. For reports originally due in 2026 and 2027, the no-tax-due revenue threshold is $2.65 million. Applicable information reports may still be required even when no franchise tax is owed.
Processing times vary depending on filing method and state workload. Check the Texas Secretary of State's current processing information for the latest estimate.
An EIN may be required for federal tax purposes and other business activities. The IRS does not charge a fee for applying directly.
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