How much does LLC formation cost in Texas?

How much does LLC formation cost in Texas?

Texas LLC formation starts with a $300 Certificate of Formation filing fee, but this represents just the beginning of your formation costs. The state fee is non-refundable if rejected, making accuracy crucial to avoid paying twice for the same filing.

Beyond the state filing fee, you'll need a registered agent with a Texas address. This service is free if you serve yourself, but most owners pay $99 to $300 annually for professional services to maintain privacy and ensure reliable document receipt. An operating agreement is not legally required but is strongly recommended, ranging from free DIY templates to custom legal drafting that can cost over $2,000.

Understanding both upfront formation costs and ongoing compliance expenses helps you budget accurately from the start.

Required Texas LLC formation costs

You cannot avoid two essential steps when launching a Texas LLC: filing the Certificate of Formation and designating a registered agent. The state charges a flat $300 filing fee for Form 205, confirmed by the Texas SOS fee schedule, and your LLC must have an agent with a physical address in Texas who accepts legal papers.

Required cost

Amount

Notes

Certificate of Formation filing fee

$300

One-time fee paid to the Texas Secretary of State

Registered agent

$0 to $300+/year

$0 if self or business member serves as agent; $100 to $300/year for professional service

EIN (Employer Identification Number)

$0

Free when obtained directly from the IRS; some third-party services charge $50 to $100

Texas does not require an operating agreement, but it is smart to create one. It defines ownership, voting rights, and exit rules, all critical protections if you have partners. You can draft your own for free or hire an attorney to customize one; either way, keep a signed copy in your records.

Two special cases can significantly alter these numbers. Qualified veteran-owned businesses may be eligible to have the $300 filing fee waived. S.B. 524 (89th Legislature) is intended to make the veteran-owned business franchise tax and filing fee exemptions permanent and to require that each veteran owner be a Texas resident, and the Texas Veterans Commission reports that these exemptions are permanent beginning January 1, 2026. Consult current Texas Tax Code section 171.0005 or qualified counsel before relying on this exemption. Conversely, if you are registering a foreign LLC (created outside Texas), the filing fee is $750 for for-profit entities, per the Texas SOS fee schedule.

For most founders, the baseline cost is $300, plus any additional expenses incurred for a registered agent.

Optional LLC formation costs in Texas

Beyond Texas's mandatory filing requirements, you will face decisions about professional help and add-on services. Whether these options make sense depends on the complexity of your LLC, your available time, and your comfort level with handling formation independently.

1. Professional services

Hiring a Texas business attorney for full-service LLC formation costs $1,000 to $2,000 for straightforward single-member LLCs, which includes custom operating agreements and compliance guidance. Multi-member structures or complex ownership arrangements can push costs to $1,500 to $5,000 or higher.

Online formation companies offer middle-ground pricing. Basic packages start at around $79 to $225 before the state fee, while premium bundles with registered agent service, EIN applications, and compliance tracking can reach $500 before state fees are applied.

Do not overlook CPA consultations. Many owners schedule sessions ($100 to $500) to discuss S-corp elections or franchise tax implications, often preventing expensive mistakes at tax time.

2. Additional filings

Some filings only appear when needed, but forgetting to budget for them can disrupt your timeline. Texas offers several optional services that may benefit your business, with fees confirmed by the Texas SOS fee schedule:

  • Assumed name (DBA) registration: $25 at the state level, plus varying county fees to operate under a different trade name

  • Name reservation: $40 secures your chosen name for 120 days

  • Expedited processing: Texas replaced its prior flat-fee structure with the tiered Texas Express program effective October 1, 2025. Standard expedited service costs $50 per document (typically 2 to 3 business days), next-day service costs $500, and same-day service costs $750. Same-day and next-day tiers currently require in-person delivery to the Austin office.

  • Certified documents: $5 to $30 per certificate when banks or other states need official copies

  • Post-formation amendments: $150 per Certificate of Amendment (Form 424), per the Texas SOS fee schedule

Professional help becomes worthwhile when dealing with multiple owners, investor structures, or industry-specific licensing requirements that add complexity beyond basic formation.

Ongoing annual costs for Texas LLCs

After formation, recurring expenses begin to maintain your Texas LLC's good standing. You need to budget for several ongoing obligations that keep your business compliant. Miss any of these deadlines and you could face administrative dissolution, reinstatement fees, or loss of the ability to conduct business. Reinstatement after a tax forfeiture costs $75 (Form 801), while reinstatement after an involuntary termination costs $75 (Form 811) and after a voluntary termination costs $15 (Form 811), per the Form 801 instructions and Form 811 instructions. Key annual requirements include:

  • Franchise tax return: Generally due May 15 annually (if May 15 falls on a weekend or state holiday, the next business day applies), even for zero-tax LLCs below the no-tax-due threshold. For the 2026 report year (covering the 2025 accounting period), the no-tax-due threshold is $2,650,000, up from $2,470,000 for the 2025 report year, per the Texas Comptroller's 2026 franchise tax guidance. Note that the No Tax Due Report form was eliminated for reports due on or after January 1, 2024; qualifying entities now file only a Public Information Report or Ownership Information Report.

  • Public Information Report (PIR): Filed with the franchise tax return, no fee, but critical for maintaining "active" status. Per the Texas Comptroller's franchise tax guidance, the $50 late penalty applies to franchise tax reports filed after the due date, not to PIR or OIR information-only filings.

  • Registered agent fees: $99 to $300+ annually if using a professional service (free if self-service)

  • Local business licenses: $50 to $500 for regulated activities; renewal frequency varies by city

  • Professional services: Accountant for franchise tax preparation, legal updates as needed

Streamline Texas LLC formation costs with Discern

Texas's $300 filing fee is just the beginning. Add registered agent services, ongoing franchise tax tracking, and multi-state expansion needs, and formation costs become unpredictable quickly. Having a single platform that manages entity compliance across jurisdictions eliminates the uncertainty of tracking deadlines, coordinating filings, and maintaining good standing in every state where you operate.

Discern simplifies Texas LLC formation with transparent pricing ($99 plus state fees for formations), automated formation filings, and professional registered agent services across all 51 jurisdictions. The platform handles registered agent coverage, annual report filings, and foreign registrations so you can focus on running your business instead of managing compliance paperwork.

Ready to eliminate formation cost uncertainty while building a foundation for multi-state growth? Book a demo with Discern today.

FAQs about LLC formation costs in Texas

Are there any hidden fees when forming an LLC?

Several costs catch founders off guard: registered agent renewals, local business license fees, and state fees for certified copies or status certificates. The Texas Express expedited processing tiers can also add significant cost if you need faster turnaround, with same-day service adding $750 on top of the base filing fee.

Can I get refunds if my filing is rejected?

Texas treats filing fees as non-refundable. If the Secretary of State rejects your paperwork, you correct the mistake and pay again.

How do Texas costs compare to other states?

Texas charges more upfront than Florida ($125, comprising a $100 filing fee plus a $25 registered agent fee) or California ($70, online only), but skips annual report fees and waives franchise tax for businesses under the current no-tax-due revenue threshold.

Published on

Updated on

2026-04-27

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Look at Discern on your own and see everything that Discern can do before scheduling a demo. No humans required.

Learn more about Discern

Look at Discern on your own and see everything that Discern can do before scheduling a demo. No humans required.