AI-Powered Formation

Texas Secretary of State

Form your Texas LLC, Corporation, or Nonprofit with chat-first AI business formation. State filing, registered agent, EIN, and ongoing compliance workflows — connected from the start.

Texas Business Filing Overview

The Secretary of State — Business and Commerce is the state authority responsible for registering LLCs, corporations, nonprofits, and other business entities in Texas. The standard LLC formation fee is $300 with a processing time of 3-5 days. Online filing is available.

Formation Fee$300
Processing Time3-5 days
Online FilingAvailable
Annual Report Fee$0
Annual Report DueMay 15
SOS Phone(512) 463-5555

No state income tax. One of the largest business economies in the world.

DIY LLC Formation Guide Available

Forming an LLC in Texas yourself? Follow our step-by-step Texas LLC DIY Guide , complete with official form downloads, filing portals, state fees, and annual report requirements.

Texas Entity Requirements

State-specific governance rules for Texas LLCs, Corporations, and Nonprofits.

Members

Minimum required1
Residency requiredNo

Management Structure

DefaultMember Managed

Can be structured as manager-managed under the operating agreement

Operating Agreement

Required to fileNo

Not filed with the state; written operating agreement strongly recommended

Annual Meeting

RequiredNo

No statutory annual meeting requirement for LLCs

Formation Filings in Texas

These are the primary documents filed with the Secretary of State — Business and Commerce to create a new legal entity. Each entity type has different requirements, fees, and processing times.

Articles of Incorporation

Corporation
Agency:Secretary of State
Filing Fee:$300 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail
Expedited:Yes — $25 for 24 hours processing

What to know

  • Includes authorized shares and par value
  • Names the registered agent
  • Sets the corporation's purpose

Articles of Organization

LLC
Agency:Secretary of State
Filing Fee:$300 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail
Expedited:Yes — $25 for 24 hours processing

What to know

  • Names the registered agent and required filing contact information
  • Sets the registered office address
  • May include an optional effective date

Articles of Incorporation (Nonprofit)

Nonprofit
Agency:Secretary of State
Filing Fee:$25 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Public benefit purpose statement required
  • Asset dedication language for IRS
  • Members or directors structure

Foreign Qualification

LLCCorporation
Agency:Secretary of State
Filing Fee:$750 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

Texas has one of the highest foreign LLC registration fees at $750.

What to know

  • Required when operating, hiring employees, or owning property in another state
  • Needs Certificate of Good Standing from home state
  • Creates registered agent and annual report obligations in the new state

Ongoing Compliance in Texas

After formation, Texas entities must maintain ongoing filings to remain in good standing. Missing deadlines can result in late fees, administrative dissolution, and loss of liability protection.

Annual Report

LLCCorporationNonprofit
Agency:Secretary of State / Comptroller
Filing Fee:$0 + processing fee if filing online
Processing Time:Immediate
Filing Method:Online or Mail
Due Date:May 15
Filing Period:Annual

Texas requires a Public Information Report (free) and franchise tax return (due May 15). Franchise tax applies to entities with revenue over the no-tax-due threshold (~$2.47M in 2024).

What to know

  • Due date varies by state (often anniversary date or fixed month)
  • Filing fees range $10–$825 by state
  • Failure to file results in administrative dissolution

Amendment to Formation Documents

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$150 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Board or member approval typically required
  • Certified copy may be needed for banks and contracts
  • Most states allow online amendment filing

Articles of Dissolution

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$40 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail
Tax Clearance:Required

Texas requires Comptroller tax clearance certificate before SOS will process termination.

What to know

  • May require tax clearance before filing
  • Assets must be distributed before dissolution
  • Protects against future liability claims

Change of Registered Agent

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$15 + processing fee if filing online
Processing Time:3-5 days
Filing Method:Online or Mail

What to know

  • Must be maintained at all times
  • Registered agent must be available during business hours
  • Can be an individual or registered agent service

Document Retrieval in Texas

Certified documents from the Secretary of State — Business and Commerce are often required by banks, investors, lenders, and for foreign qualification in other states.

Certificate of Good Standing

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$15 + processing fee if filing online
Processing Time:Same day
Filing Method:Online or Mail

What to know

  • Required by most banks when opening accounts
  • Needed for foreign qualification in other states
  • Typically valid for 30–90 days

Apostille

LLCCorporationNonprofit
Agency:Secretary of State
Filing Fee:$15
Processing Time:3-5 days
Filing Method:Mail Only

What to know

  • Required for international business expansion
  • Issued by Secretary of State office
  • Attaches to formation documents and good standing certificates

Texas Tax Snapshot

Understanding Texas's tax environment is critical for choosing the right formation state and planning your entity's ongoing obligations.

State Income TaxNo state income tax
Personal Income TaxNo personal income tax
State Sales Tax6.25%
Franchise TaxYes

Texas has no personal income tax. Franchise tax ("margin tax") applies to businesses with Texas revenue above approximately $2.47 million (2024 threshold). Rate is 0.75% for most businesses (0.375% for retail/wholesale). Entities under threshold file No Tax Due Report. State sales tax 6.25%; local add-ons up to 2%.

Texas Agency Directory

Key government agencies for Texas business formation, tax registration, and employer compliance.

Secretary of State — Business and Commerce

Primary filing authority for Texas business entities

Secretary of State — Business and Commerce

Entity formation, UCC, Public Information Reports

Texas Comptroller of Public Accounts

Franchise tax, sales tax, withholding, SOSDirect portal

Texas Workforce Commission

Unemployment insurance, employer registration

Texas Department of Licensing and Regulation (TDLR)

Professional and occupational licensing

Form your Texas entity today.

Start your Texas LLC, corporation, or nonprofit online — AI-powered filing with registered agent, EIN, and compliance included.