How to Form an LLC in Texas (2026): Steps, the $300 Fee and Timing
By Manna One Solution · Published October 19, 2026 · Updated October 19, 2026
To form an LLC (limited liability company) in Texas, you file Form 205, Certificate of Formation with the Texas Secretary of State. The state fee is $300. You need a registered agent with a Texas street address and at least one member or manager. Filing online through SOSPortal is the fastest route. If you are in a hurry, Texas Express adds expedited handling: $50 (typically 2–3 business days), $500 (next business day) or $750 (same day), on top of the $300 fee.
Figures are from the Texas Secretary of State's Form 205 instructions and Texas Express page, checked October 19, 2026.
Key takeaways
- File Form 205 with the Texas Secretary of State; the fee is $300.
- You need a registered agent with a Texas street address; the LLC can't be its own agent.
- Texas Express speeds it up for $50, $500 or $750 more.
What is an LLC, and why do owners choose one?
An LLC is a business structure that keeps the owner's personal assets separate from the company's debts. If the company is sued or owes money, the owner usually risks only what they put into the business. That protection has limits: if you mix personal and company money, or personally guarantee a loan, creditors can still come after you.
For federal tax, according to the IRS LLC page (updated October 10, 2026):
- A single-member LLC is a "disregarded entity" by default: its income goes on the owner's personal return.
- A multi-member LLC is taxed as a partnership by default.
- An LLC can file Form 8832 to be taxed as a corporation.
The choice changes how much tax you pay, so talk to your tax preparer before you pick.
LLC or DBA (assumed name)?
If you work alone and only need a business name to open an account and get paid, you can file an Assumed Name Certificate (often called a DBA, Form 503). The Secretary of State fee is $25, according to the Form 503 instructions.
| DBA (assumed name) | LLC | |
|---|---|---|
| Separates personal assets from business debts | No | Yes (within limits) |
| Texas state fee | $25 (Form 503) | $300 (Form 205) |
| Yearly state report | No franchise tax report | Yes (yearly Public Information Report) |
| Good fit | Solo, low-risk work | Employees, contracts, leased space, clean separation |
An LLC can also file a DBA if it wants to trade under a name other than its legal name.
Steps to form an LLC in Texas
Step 1: Choose a name
The name must be distinguishable from names already on file in Texas and must include "Limited Liability Company", "LLC" or an accepted abbreviation. The Secretary of State can give a preliminary opinion on a name, but only an approved filing confirms it. The state advises against ordering signs or signing contracts before then.
Step 2: Choose a registered agent
The registered agent is the person or company that receives legal papers (a lawsuit, for example) for the LLC. According to the Texas Secretary of State:
- The agent must be an individual Texas resident or an entity authorized to do business in Texas.
- The registered office must be a Texas street address where papers can be delivered in person during business hours. It cannot be only a mailbox service or an answering service.
- The LLC cannot act as its own registered agent.
If you live in Texas, you can be your own agent at your home address, but that address goes on the public record. Many owners hire a registered agent service for privacy.
Step 3: Choose how the LLC is managed
Form 205 asks whether the LLC is run by its members or has managers. You list the name and address of each one. At least one person is required.
Step 4: File Form 205 with the $300 fee
- Online through SOSPortal: fastest; pay by card or ACH (a convenience fee applies). Evidence of filing is emailed.
- By mail: P.O. Box 13697, Austin, TX 78711-3697, with a check or money order.
- In person: 400 W. 15th St., Austin, TX 78701.
The organizer who signs can be any adult and does not need to live in Texas. Leave out Social Security numbers and other personal information the form doesn't ask for; filings that include it may be rejected.
Step 5: Write a Company Agreement
Texas doesn't require you to file a Company Agreement, but banks often ask for one. It records who contributed what, how profits and losses are split, and who can sign. A multi-member LLC needs one even more.
Step 6: Get an EIN and open a bank account
Once the state approves the filing, get an EIN (the company's tax number) free from the IRS, then open a business bank account. See How to Get an EIN for Your LLC and Opening a Business Bank Account for Your LLC.
How long does it take?
The Secretary of State doesn't publish a processing time for regular filings. If you need it fast, choose Texas Express when you file:
| Service | Added fee | Timing |
|---|---|---|
| Standard Expedited | $50 | Typically 2–3 business days |
| Next-Day | $500 | End of the next business day (received by noon) |
| Same-Day | $750 | End of the same business day (received by noon) |
The $25 expedite fee in older documents no longer applies.
What comes after?
A Texas LLC files a yearly franchise tax report by May 15, may need a sales tax permit, and files federal taxes. The full list is in What to Do After Forming a Texas LLC.
Living in Vietnam? Read Forming a U.S. LLC from Vietnam.
Want one team from LLC to website?
Manna One Solution prepares LLC formation filings in Texas (and other states case by case), gets your EIN, walks you through the bank paperwork, then sets up your website, branded email and Google Business Profile. We work online with clients across the U.S. and in Vietnam, in English or Vietnamese. Manna One Solution is not a law firm and does not give legal advice; for a multi-member Company Agreement or a licensed industry, talk to an attorney.
Sources
- Texas Secretary of State: Form 205 Instructions, Certificate of Formation (LLC) (checked October 19, 2026)
- Texas Secretary of State: Form 503 Instructions, Assumed Name Certificate (checked October 19, 2026)
- Texas Secretary of State: Texas Express (checked October 19, 2026)
- Texas Secretary of State: Form 806 Fee Schedule (rev. 09/26) (checked October 19, 2026)
- IRS: Limited Liability Company (LLC) (updated October 10, 2026; checked October 19, 2026)
Frequently asked questions
How much does it cost to form an LLC in Texas?
The Texas Secretary of State fee for Form 205 is $300. Texas Express adds $50, $500 or $750 if you need it faster, and card payments carry a convenience fee.
How long does it take to form a Texas LLC?
The state doesn't publish a time for regular filings. The $50 Standard Expedited option typically finishes in 2–3 business days; the $500 and $750 options finish the next day or the same day when received by noon.
Can I be my own registered agent?
Yes, if you are a Texas resident with a Texas street address where you can receive papers during business hours. The LLC itself cannot be its own agent.
Can I form a Texas LLC if I don't live in Texas?
Yes. The organizer doesn't need to live in Texas. You only need a registered agent in Texas, usually a registered agent service.
Should I choose an LLC or a DBA?
A DBA ($25) is just a trade name and doesn't separate personal assets from business debts. An LLC ($300) does, and files a yearly report with the state. With employees, large contracts or a lease, an LLC is usually the better fit.
How is an LLC taxed?
According to the IRS, a single-member LLC is reported on the owner's return by default, a multi-member LLC is taxed as a partnership by default, and an LLC can elect corporate tax treatment with Form 8832. Texas adds a yearly franchise tax report.
Do I need a Company Agreement?
Texas doesn't require you to file one, but banks often ask for it, and a multi-member LLC should put contributions, profit splits and signing authority in writing.