When you incorporate an LLC in Texas, you need to get certain forms, filings and permits in place. These include:
We’ll explain what each of these are and how you file them.
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:
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.
In Texas certain professions can form “Professional LLCs.” These are companies providing defined, professional services, and they typically need to be specially licensed. In Texas, businesses engaged in the following activities are considered professional service organizations and must be properly licensed and regulated. These professions include:
Further information is available from the Texas Secretary of State website.
Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional 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.
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.
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.
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.
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:
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:
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.
Unlike most states you do not need to file an annual company report in Texas.
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.
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.
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|State Fee||State Filing Time||Expedited Filing Time|
|$300||1 Week||2 Business Days|
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.
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.
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