Texas is consistently one of the top states for new business formation. With no state income tax, a large consumer market, and a business-friendly regulatory environment, it's a strong choice for entrepreneurs — especially those forming an LLC.
This guide covers everything you need to know to form a Texas LLC, from choosing a name to getting your business fully operational.
What Is an LLC?
A Limited Liability Company (LLC) is a business structure that combines the liability protection of a corporation with the tax simplicity of a sole proprietorship or partnership.
Key benefits of a Texas LLC:
- Limited liability — your personal assets (home, car, savings) are generally protected from business debts and lawsuits
- Pass-through taxation — profits pass through to your personal tax return, avoiding double taxation
- Flexible management — can be member-managed or manager-managed, with few formality requirements
- No state income tax — Texas doesn't levy a personal income tax, though there is a franchise (margin) tax for larger businesses
Step 1: Choose Your LLC Name
Your Texas LLC name must meet these requirements:
- Include "Limited Liability Company," "LLC," or "L.L.C."
- Be distinguishable from other entities registered with the Texas Secretary of State
- Not contain restricted words (like "Bank" or "Insurance") without proper licensing
Search the Texas SOS online database to check if your desired name is available. You can also reserve a name for 120 days by filing an Application for Reservation with the SOS.
Step 2: Appoint a Registered Agent
Texas law requires every LLC to have a registered agent — a person or entity designated to receive legal notices, tax correspondence, and service of process on behalf of your business.
Requirements for a Texas registered agent:
- Must have a physical street address in Texas (no PO boxes)
- Must be available during normal business hours
- Can be an individual (including yourself) or a business entity authorized to do business in Texas
Step 3: File the Certificate of Formation (Form 205)
The Certificate of Formation is the official document that creates your LLC. In Texas, this is Form 205, filed with the Secretary of State.
Information required on Form 205:
- LLC name
- Registered agent name and address
- Whether the LLC is member-managed or manager-managed
- Name and address of each organizer
- Purpose of the LLC (can be general)
- Duration (perpetual or a specified term)
Filing fees:
- Standard filing fee: $300 payable to the Texas Secretary of State
- Veteran fee waiver: $0 — with a Veteran Verification Letter from the Texas Veterans Commission, the $300 fee is waived under Texas Business Organizations Code §3.005(b)
Step 4: Create an Operating Agreement
Texas doesn't require you to file an operating agreement with the state, but you should absolutely have one. An operating agreement is an internal document that defines:
- Ownership percentages of each member
- Profit and loss distribution
- Management structure and voting rights
- Rules for adding or removing members
- Dissolution procedures
Without an operating agreement, your LLC defaults to Texas state law — which may not reflect your intentions. This is especially important for multi-member LLCs.
Step 5: Get an EIN (Employer Identification Number)
An EIN is like a Social Security number for your business. It's issued by the IRS and is required to:
- Open a business bank account
- File federal and state business taxes
- Hire employees
- Apply for business licenses and permits
You can apply for an EIN for free on the IRS website. Online applications receive the EIN immediately.
Step 6: Open a Business Bank Account
Separating personal and business finances is critical for maintaining your LLC's liability protection. Open a dedicated business checking account using:
- Your Certificate of Formation
- Your EIN
- Your operating agreement (some banks require it)
- Government-issued photo ID
Step 7: Comply with Texas Business Requirements
After formation, keep your LLC in good standing:
- Franchise tax reports — Texas requires annual franchise tax reports. Most small LLCs owe $0 (the no-tax-due threshold is $2.47 million in total revenue), but you still need to file the report.
- Registered agent updates — notify the SOS if your registered agent changes
- Local permits and licenses — check your city and county for any required business licenses, zoning permits, or sales tax permits
How Long Does It Take?
Processing times with the Texas Secretary of State vary:
- Online filing: typically 2–5 business days
- Mail filing: can take several weeks
- Expedited processing: available for an additional fee
For veterans using the fee waiver, Hutchrok submits your filing electronically for the fastest possible turnaround.
LLC Formation Costs Summary
- Certificate of Formation filing fee: $300 (or $0 for veterans with VVL)
- EIN: Free (IRS)
- Name reservation (optional): $40
- Registered agent service (optional): varies, typically $100–300 per year
- Certified copies (optional): $30 each
Veteran Advantage: File for Free
If you're a U.S. military veteran, you can eliminate the biggest cost of forming a Texas LLC. The Veteran Verification Letter from TVC waives the $300 filing fee entirely.
Hutchrok Solutions Group — a veteran-owned firm — handles the entire process for qualified veterans at no cost. That includes:
- Eligibility verification
- TVC verification guidance
- Form 205 preparation and filing
- Post-filing launch services
Learn more about the full process: How to Start a Business in Texas as a Veteran.