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TEXAS

Why Form a Limited Liability Company (LLC)?


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Texas LLC Form, Filing and Permit Requirements

When you incorporate an LLC in Texas, you need to get certain forms, filings and permits in place. These include:

  • A Certificate of Formation
  • Business permits and licenses
  • Texas Comptroller of Public Accounts
  • An Operating Agreement for your Texas LLC

We’ll explain what each of these are and how you file them.

A Texas Certificate of Formation

The Certificate of Formation is the formal document filed with the Texas Secretary of State to create your LLC. It states certain information about your business. Once a certificate is filed with the secretary of state, it legally creates your business as an LLC in Texas. Here’s what’s typically included:

  • Your business name and address
  • Details of your registered agent
  • Names of any managers or members of the LLC at the time of filing

Here at Incfile we automatically create and file your Certificate of Formation on your behalf when you start your business with us. As part of our service, we will review the information, prepare your incorporation documents, and send them to the state for formation. You only need to file your certificate once.

Business Permits and Licenses for Your Texas LLC

Depending on the type of business you’re running, you may need to obtain various business permits or licenses. These are not required to form your LLC, but it’s important to know which permits and licenses are required for your business to operate in compliance for your business jurisdiction.

A Business Permit or License from Your City

Various cities in Texas have slightly different rules and fees for permits and licenses. Check with your local city administration to see what their rules are. You may need a separate permit or license for each city your Texas LLC operates in.

Additional Business Permits and Licenses

Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of Texas. You can find more information here. The frequency of how often you need to file permits varies depending on the permit type.

If you’d rather have someone do the research for you, Incfile offers a Business License Research service for $99 additional fee to your online formation package of choice. With his add-on, a licensing specialist will determine all of the permits and licenses required for your specific industry and city-, state- or county-level jurisdictions.

(h2) Texas Comptroller of Public Accounts

In some cases you will need to register with the Texas comptroller of public accounts. This is normally the case if you sell or lease tangible personal property in Texas or sell taxable services in Texas. The comptroller is responsible for collecting sales tax and you can set this up through their website.

(h2) Operating Agreement for Your Texas LLC

Although setting up a Texas LLC is very easy, managing one can be more complex. One way to make sure everyone is working to the same goals is by creating an operating agreement. Your operating agreement typically includes areas like:

  • Legal Standing: Stating the legal standing of your Texas LLC, declaring the LLC was formed in Texas and including dates, formation details and other important legal information.
  • Ownership: Declaring how ownership of the Texas LLC is split between its members. This can determine voting rights, how the business operates and several other factors.
  • Ownership Percentages: The amount each member has invested and the percentage of ownership of each Texas LLC member.
  • Management Type: Declares how your LLC is managed, whether that’s by members or managers you appoint.
  • Management Relationships: Describing the legal and professional relationships between the members and the managers of your Texas LLC.
  • Roles, Rights and Responsibilities: What each of your members is expected to do as an owner of your Texas LLC.
  • Decisions and Voting Powers: Explains how decisions will be presented, discussed and acted on, including the voting rights of each Texas LLC member
  • LLC Rules: Clarifies the policies, rules and procedures the Texas LLC will use for adding, removing, amending and making other changes to members and managers.
  • Profit and Loss Allocation: How profits and losses will be split and allocated between Texas LLC members

Neither federal nor Texas state law requires you to have an operating agreement for your LLC, but we recommend one for several reasons. An operating agreement:

  • Strengthens your legal standing as a Texas LLC
  • Removes confusion by clearly stating how your business will operate
  • Reduces misunderstandings and disagreements between Texas LLC members
  • Reduces the need for every member of an LLC to approve and sign off on every decision

Your operating agreement only needs to be created once and updated if significant changes are needed. The good news is, Incfile provides an Operating Agreement with most packages and it can also be individually added to our basic Silver package. Our Operating Agreement provided will be a general template that covers the top 20 most common provisions for any new business. As your business evolves, you can make changes anytime as you see fit as this is an internal company document for LLC members and not filed with the state or IRS.

Texas Annual Company Reports

Unlike most states you do not need to file an annual company report in Texas.

Franchise Tax Report for your Texas LLC

You will need to file a franchise tax report with the comptroller of public accounts. These are due by May 15 every year.

As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual or biannual basis.

Ready to Start your Texas LLC?

Incfile provides a cost-effective service to help you create your Texas LLC. We guide you through the process and handle most of the administrative steps, such as filing the articles of organization on your behalf. Our basic package also provides a free registered agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.

Only $49 + State Free To Launch Your Business

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What are the fees and requirements to form a business in Texas?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$300 1 Week 2 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Public Information & Franchise Tax Report

Frequency: Annually

Due Date: Both reports are due between January 1st and no later than May 15th.

Filing Fee:There is no charge for the Public Information Report the Franchise Tax Fee is based on the revenue of the LLC.

Learn more about starting a business in Texas

Additional resources, guides, and articles for better decision making.

Select the package that works best for you.

Silver

49

+ $300 (state fee)

The Basics To Get You Started

Prepare & File Articles Of Organization
FREE Registered Agent for !st Year
Lifetime Customer Support

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149

+ $300 (state fee)

Everything from Silver +

EIN / Tax ID Number
Personalized Operating Agreement
Customized LLC Kit

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299

+ $300 (state fee)

Everything from Silver & Gold +

Expedited Filing
UPS Delivery
Contracts Library

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