File LLC in Texas Online (2026 Step-by-Step): Form 205 & $300 SOSDirect Guide
Official roadmap to file an LLC in Texas online in 2026. Step-by-step Form 205 via SOSDirect, $300 state fee, IRS EIN, and Texas franchise tax exemptions.
Bottom Line Up Front (BLUF)
Forming a Texas LLC requires Form 205 filed via SOSDirect ($300 flat state fee), processed in 2–4 business days with $0 state franchise tax on revenues under $2.47M. Federal EIN and FinCEN BOI filing within 90 days are mandatory post-formation steps.
Statutory Roadmap & Decision Matrix
| Phase / Step | Core Requirement | Governing Agency / Portal | Statutory Fee | Standard Timeline |
|---|---|---|---|---|
| Step 1 | Perform a Texas Business Name Availability Search | Texas Secretary of State | $0 | 10 minutes |
| Step 2 | Appoint a Texas Registered Agent with a Physical Street Address | Texas Secretary of State | $0 (self) or $35–$150/year (commercial agent) | 15 minutes |
| Step 3 | File Certificate of Formation (Form 205) on SOSDirect | Texas Secretary of State | $300 state fee | 20 minutes |
| Step 4 | Draft an Operating Agreement & Secure EIN | Texas Secretary of State | $0 | 1-2 days |
| Step 5 | Comply with Texas Annual Franchise Tax Deadlines | Texas Secretary of State | $0 tax if under $2.47M gross receipts | Annual compliance (May 15) |
Step 1
Perform a Texas Business Name Availability Search
Your business name must contain "Limited Liability Company", "LLC", or "L.L.C.". Verify that your desired name is distinguishable from existing Texas registered entities via the SOS Taxable Entity Search.
Step 2
Appoint a Texas Registered Agent with a Physical Street Address
Texas law requires every domestic LLC to continuously maintain a Registered Agent who is a Texas resident or authorized business entity with a physical street address (Registered Office). PO Boxes are strictly prohibited.
Tip: Using a commercial registered agent keeps your home address off public state databases.
Step 3
File Certificate of Formation (Form 205) on SOSDirect
Log in to SOSDirect (or the SOSUpload portal). Submit Form 205, specify whether the LLC is Member-Managed or Manager-Managed, and pay the state filing fee.
Step 4
Draft an Operating Agreement & Secure EIN
Although Texas does not require you to file your Operating Agreement with the Secretary of State, banks and institutional partners will mandate an executed copy before opening accounts. Apply for your free EIN with the IRS.
Step 5
Comply with Texas Annual Franchise Tax Deadlines
Every Texas LLC must file an annual Franchise Tax Report and Public Information Report (PIR) with the Texas Comptroller by May 15 each year. Even if you owe $0 in tax, failing to file results in a $50 late penalty and forfeiture of your corporate charter.
Topology Mesh Cross-Links
Mandatory Post-Formation Filing Quad-Pack
1. Apply for Free Federal EIN (Form SS-4) →
Essential next step to open Mercury, Relay, or Chase U.S. business banking accounts without scam fees.
2. FinCEN BOI Reporting E-Filing Guide →
Mandatory 90-day filing window under 31 U.S.C. 5336 to avoid $500/day federal civil non-compliance fines.
3. Texas State Regulatory Profile & Directory →
Texas Comptroller $2.47M no-tax-due threshold, Form 05-163 annual dates, and Secretary of State contacts.
4. 50-State LLC Tax & Maintenance Calculator →
Benchmark Texas annual franchise burden against Wyoming ($60/yr) and Delaware ($300/yr).
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