Forming a Texas LLC: Steps, Forms and Fees

A Texas LLC comes into existence through a single filing: the Certificate of Formation, Form 205, submitted to the Texas Secretary of State with $300. Everything else, the agent designation, the operating agreement, the EIN, the yearly Comptroller reports, orbits that one document. Here is the full sequence.

File Your Texas LLC: $199 Service Fee

Pay once, and we prepare Form 205 and submit it to the state for you. Your job shrinks to answering a few questions.

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Texas LLC Filing Fee: $300 Flat, $308.10 by Card

The state's charge for an LLC Certificate of Formation is $300, set through Tex. Bus. Orgs. Code § 4.154 (which pegs LLC filings to the corporate fee schedule) and printed on the SOS fee schedule, Form 806. Card transactions add a statutorily authorized 2.7% convenience fee, so the charge on a credit card statement reads $308.10.

Line item	Amount
Formation service, ours	$199 once
State fee, Certificate of Formation (Form 205)	$300, or $308.10 on a card
Registered agent, ongoing requirement	$99/yr
Recurring state filing	Comptroller franchise tax report and PIR each May 15; no SOS annual report exists

Two payees, always visible: our fee is ours, the state fee is the state's.

Form 205: The Certificate of Formation

Texas formation documents are Certificates of Formation under BOC § 3.005; the LLC version is Form 205 (a professional LLC uses Form 206 instead). Blank forms are on the SOS business forms index. The certificate captures the LLC name, the registered agent and registered office address, whether management sits with members or managers, and the organizer.

Filing channels: electronically through SOSDirect, or on paper by mail. Electronic filing is the faster lane.

The Official Formation Steps

1. Screen the name. It needs an LLC designator, sufficient distinction from existing records, and no restricted banking, insurance, or government terms without clearance. Check it against the SOS database before anything else.
2. Designate the registered agent: a Texas resident individual or an entity registered in Texas, at a street address, with consent given under BOC § 5.207. The LLC cannot name itself.
3. Submit Form 205 to the Secretary of State with the $300 fee, via SOSDirect or mail. Card payments post as $308.10.
4. Draft the operating agreement. Texas never collects it, but it governs ownership, profits, and member exits; without one the default statute decides.
5. Obtain the EIN directly from the IRS. Free, quick, and required for banking and payroll. Never pay a middleman for it.
6. Lock in the recurring compliance date: franchise tax report plus Public Information Report to the Texas Comptroller by May 15 every year. Tax owed is $0 at or below $2.65 million in annualized revenue for 2026 reports, but the PIR gets filed regardless. Details: our annual report page.

Prefer to delegate step 3 and the prep around it? $199 and it is handled.

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Registered Agent: The Requirement That Never Expires

• Continuous coverage from formation until the LLC winds down
• Texas street address on record; a standalone P.O. Box fails
• Present during normal business hours to accept legal service
• Fast relay of anything served, because response clocks start at delivery

The agent line on Form 205 becomes a public database entry. Put a home address there and it stays searchable indefinitely. Put ours there for $99/yr and your address never enters the record.

Already Formed Elsewhere?

An LLC organized in another state that will transact business in Texas does not re-form; it registers. That filing is the Application for Registration, Form 304, carrying a $750 state fee. We prepare and file Texas foreign registrations for $199 plus the state fees.

Common Questions

How much does it cost to form an LLC in Texas?

$300 goes to the Secretary of State for Form 205, or $308.10 when paid by card with the 2.7% convenience fee. Add our optional $199 if you want the preparation and filing done for you.

How long does it take to form an LLC in Texas?

Depends on the SOS queue at the time. SOSDirect submissions typically beat paper through processing.

Does Texas require an annual report?

Not at the Secretary of State. The yearly obligation is the Comptroller pairing of franchise tax report and PIR, deadline May 15, with $0 tax below the revenue threshold.

Do I need a registered agent for my Texas LLC?

Yes. In-state agent, street address, no exceptions, for the LLC's entire existence.

Can I form an LLC in Texas if I live in another state?

Yes. Ownership has no residency test. The registered agent is the only piece that must sit in Texas, and that is precisely the $99/yr service we sell.

Get the Texas LLC Filed

File Form 205 yourself through SOSDirect, or send us $199 and skip the forms. Either way the state collects its $300 and the agent requirement follows the company forever. With us as agent: Texas address on record, same-day scans of served documents, reminders before deadlines.

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Just want the registered agent role? The registered agent option carries a $99/year price.

Questions about Texas LLC formation or how the agent service works? Our FAQ handles most questions; the contact form is open for the rest.