How to Start an LLC in Texas (Step-by-Step) 2024 Guide

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Hire a company to form your LLC:
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Starting a Texas LLC, step-by-step

To start an LLC in Texas, file a Certificate of Formation with the Texas Secretary of State. This costs $308 and takes 12 days for approval.

How to start an LLCHere are the 5 steps to forming an LLC in Texas:

  1. Choose an LLC Name
  2. Select a Registered Agent
  3. File a Certificate of Formation
  4. Create an Operating Agreement
  5. Get an EIN

If you want to form your LLC yourself, follow our free guide below.

If you want someone to take care of it for you, we recommend hiring Northwest Registered Agent

Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)

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

LLC CostIt costs $308 to start an LLC in Texas.

And then it costs $25 per year.

What are these fees for?

  • The $308 is the filing fee for the Certificate of Formation – the document that creates an LLC.
  • The $25 per year is the filing fee for your Annual Report – a mandatory filing that keeps your LLC in good standing.

Matt Horwitz, founder of LLC University®

Pro Tip: Good news, Veterans! If you’re an honorably discharged veteran of the US Armed Forces (including the Texas National Guard), you can get your LLC for free.

Follow the steps on our Free LLC for Texas Veterans page to get proof of your veteran status and request the fee waiver.

To learn more about LLC Costs, see LLC Costs in Texas.

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

If you file your LLC by mail, it will be approved in 4-8 weeks (plus mail time).

But if you file online using SOSDirect, your LLC will be approved in 10-12 business days.

Or, if you file online using SOSUpload, your LLC will be approved in 13-15 business days.

Please see How long does it take to get an LLC in Texas to check for any delays.

Here are the steps to forming an LLC in Texas

1. Search your LLC Name

LLC namesSearch your Texas LLC Name to make sure it’s available in the state.

You need to do this because two businesses in the state can’t have the same legal business entity name.

First, search your business name and compare it to existing business entities in Texas. You can make sure the LLC Name you want is unique from existing businesses using the Taxable Entity Search from the Texas Comptroller.

Second, familiarize yourself with the naming rules in Texas (so your Texas LLC gets approved).

We’ll explain both in more detail here: Texas LLC Name.

2. Choose a Texas Registered Agent

The next step is to choose a Texas Registered Agent.

Registered AgentA Texas Registered Agent is a person or company who accepts legal documents and state notices on behalf of your Texas Limited Liability Company.

Who can be an LLC Registered Agent?

You have 3 options for who can be your LLC’s Registered Agent:

  • You
  • A friend or family member
  • A Registered Agent Service

Texas law requires that all LLC Registered Agents have a physical street address in Texas. PO Boxes aren’t allowed.

And the Registered Agent’s name and address will be listed on public records.

If you don’t have an address in Texas, or you want more privacy, you can hire a Registered Agent Service for your LLC.

We recommend Northwest Registered Agent

Our favorite feature about Northwest is they’ll let you use their office address throughout your LLC filing. This way, you can keep your address off public records.

They’ll also scan any mail sent to your LLC and upload it to your online account.

Northwest has excellent customer service, and they’re who we trust to be our own Registered Agent.

Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.

(Why is Northwest the best? Read our Northwest Registered Agent review)

3. File Texas LLC Certificate of Formation

Articles of OrganizationTo start an LLC, you need to file the Texas Certificate of Formation.

This gets filed with the Texas Secretary of State.

The Texas Certificate of Formation costs $308 if you file online.

This is a one-time fee to create your LLC.

If you want to file this yourself, see our step-by-step guide: Texas Certificate of Formation.

Or, you can hire a company to do it for you.

Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(Learn why Northwest is #1 in Northwest vs LegalZoom)

4. Create a Texas LLC Operating Agreement

Operating AgreementA Texas LLC Operating Agreement serves as a “companion” document to the Certificate of Formation.

The Certificate of Formation creates your LLC, and the Operating Agreement shows who owns the LLC.

Additionally, some banks require an Operating Agreement when you open an LLC bank account.

And having an Operating Agreement will be very helpful if you ever end up in court. Reason being, it helps prove that your LLC is being run properly.

That’s why we recommend that all LLCs have an Operating Agreement – including Single-Member LLCs.

Furthermore, an Operating Agreement is an “internal document“. Meaning, you don’t need to file it with the state or the IRS (Internal Revenue Service). Just keep a copy with your business records.

You can download a free template below.

Then, learn how to fill it out by watching our step-by-step Texas Operating Agreement video.

Download a free LLC Operating Agreement:
Member-managed: Google DocWordPDF
Manager-managed: Google DocWord

(What's better? See Member-managed vs Manager-managed LLC)

5. Get an EIN for your LLC

The next step is to get a Texas EIN Number from the IRS for your LLC.

Note: An EIN Number is also called a Federal Tax ID Number or Federal Employer Identification Number.

EIN Number for an LLCAn EIN Number is used to:

  • identify your LLC for tax purposes
  • open a business bank account
  • apply for business licenses and permits
How much does an EIN cost?

Getting an EIN Number from the IRS is completely free.

How long does it take to get an EIN?

If you apply online, it takes 15 minutes.

If you apply by mail or fax, it can take 1-3 months.

How can I get an EIN?

US Citizens/US Residents: If you have an SSN or ITIN, you can apply for an EIN online. Follow these instructions: Apply for an EIN online.

Non-US Residents: You can’t get an EIN online, but you can still get one by fax or by mail. Follow these instructions: How to get an EIN without an SSN or ITIN.

What do I do after my LLC is approved?

After your Texas LLC is approved, there are some additional steps.

Open an LLC business bank account

You’ll want to open a business bank account for your LLC.

This makes accounting and record-keeping much easier for your business entity finances.

Having a separate business bank account also maintains your personal liability protection. This is because it keeps your business entity finances separate from your personal finances.

Get Texas Business Licenses and Permits

Business LicenseGood news, Texas doesn’t require an individual or business entity to get a state general business license. Meaning, there is no state general business license in Texas.

However, depending on where your LLC is located, you may need a local business license or permit.

For example, if you want to start a daycare, you may need a business license from the city or county.

You can learn more on our Texas Business License page.

File your Franchise Tax Report & Public Information Report

LLC Annual Report All Texas LLCs must file a Franchise Tax Report and a Public Information Report (PIR) every year.

These filings keep your LLC in good standing with the state.

How much do the Franchise Tax Report and Public Information Report cost?

Both reports are free to file. And your LLC will only owe Franchise Tax if your LLC makes more than $1,230,000 per year.

This means that most LLCs in Texas file the No Tax Due Report.

When the No Tax Due Report is filed online, the Public Information Report is included with it.

When are the Franchise Tax and PIR due?

All LLC Franchise Tax Reports and Public Information Reports are due by May 15, every year.

When are my first Franchise Tax and PIR due?

Your first Annual Report is due the year after your LLC was approved.

For example, if your LLC was approved on March 15, 2024, your first Franchise Tax and PIR is due by May 15, 2025.

How do I file my LLC Franchise Tax and Public Information Report?

You can file both of these documents online or by mail. We recommend the online filing because it’s easier to complete.

Follow our step-by-step guide here: Texas LLC Annual Report.

File and pay taxes

LLC TaxesLLCs don’t pay federal income tax. Instead, the LLC Members pay the taxes for the LLC.

Said another way, the owners pay taxes for the LLC as a part of their personal tax return.

How will my LLC be taxed?

By default, a Texas LLC is taxed by the IRS based on the number of owners your LLC has:

  • A Single-Member LLC is taxed like a Sole Proprietorship.
  • A Multi-Member LLC is taxed like a Partnership.

Alternatively, you can ask the IRS to tax your LLC like a C-Corporation or S-Corporation.

Married Couples: Instead of having your LLC taxed as a Partnership, married couples can elect to be taxed as a Single-Member LLC (aka Qualified Joint Venture). This is allowed in Texas because Texas is a community property state.

Besides federal taxes, there are also state and local taxes – like sales tax. Learn more in Texas LLC Taxes.

How to Start an LLC in Texas FAQs

Can I start an LLC online in Texas?

Yes, you can file your LLC online in Texas. The Certificate of Formation filing fee is $308.

When you start your LLC online using SOSDirect, your LLC filing will be approved in 10-12 business days.

What are the benefits of an LLC?

The first benefit of an LLC is protecting your personal assets. Meaning, if your business is sued, your personal assets – like your home, cars, and bank accounts – are protected.

This protection applies to all LLC owners (called LLC Members). It doesn’t matter if you have a Single-Member LLC or Multi-Member LLC. All of the LLC owners are protected from the business debts and liabilities.

This type of protection wouldn’t apply if you operate as a Sole Proprietorship or Partnership. With these types of informal business structures, the owners aren’t protected in the event of a lawsuit. For that reason, Limited Liability Companies (LLCs) are a much more popular business structure.

Another benefit is LLC pass-through taxation. This means the LLC itself doesn’t pay federal income taxes. Instead, the profits “pass through” to the LLC Members. And the Members pay the taxes on their personal tax return.

To learn more, please see How are LLCs taxed.

Is Texas a good state to start an LLC?

Whether Texas is a good state to start an LLC depends on where you live – and where you’re doing business.

Meaning, if you live in or do business in Texas, then you should start your LLC in Texas. While many websites talk about tax rates and advantages of certain states, none of that applies if it’s not the state where you live and do business.

For example, if you form an LLC in Nevada, but live in and conduct business in Texas, you’ll also need to register your Nevada LLC in Texas (and pay extra fees). And you’ll end up paying Texas taxes anyway. This ends up leading to more costs and more headaches with no advantages.

In summary, if you live in and conduct business in Texas, then yes, Texas is a good state to start a business. If you don’t live in and do business in Texas, then no, Texas isn’t a good state to start a business.

Real estate exception: If you’re purchasing real estate outside of Texas, you should form your LLC in the state where the property is located.

For more information, please see Best State to Form an LLC.

What is the difference between a Domestic LLC, a Foreign LLC, and a PLLC?

The main differences between Domestic LLCs, Foreign LLCs, and Professional LLCs are where they are formed and their business purpose.

A Domestic Limited Liability Company is an LLC that is formed in its “home state”, meaning, where the business owner lives and does business.

For example, if you live in and do business in Texas, you would form your Domestic LLC in Texas.

A Foreign Limited Liability Company is an LLC that is formed in a state that isn’t its home state. In this case, the term “foreign” simply means that the LLC is foreign to its “home state”.

For example, if you live in and do business in Texas, you would form your Domestic LLC in Texas. If you later expand into New Mexico, you would register your existing Texas LLC as a Foreign LLC in New Mexico.

Said another way, LLCs are created at the state-level.

So if you want your LLC to do business in two separate states, you have to form or register an LLC in both states.

This works by forming a Domestic LLC in your home state, and a Foreign LLC in the other state.

What is a PLLC?

A Professional Limited Liability Company (PLLC) is a type of LLC formed for the purpose of providing “professional services”.

In this case, “professional” refers to business types that require special permissions (like a license, registration, or certification from the state) in order to do business legally.

For example, architects, attorneys, and social work counselors, doctors, and veterinarians often form their business practices as PLLCs.

You can read more about PLLCs, their availability, and their stricter requirements in: What’s a Professional LLC?

And for more information on Foreign and Domestic LLCs, please see:

Matt Horwitz
Matt Horwitz
Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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143 comments on “Texas LLC”

Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.

  1. Hello Matt, I just saw your page and the many questions people have asked and I am a beginner in all this but would love to pick your brain to clear my doubts, if I may. First of all if we already have an LLC as a building company here in Texas, do we need to renew our LLC every year? And if we do how much is it and when is it due?

    Reply
  2. Matt, What would we do without you? :) The information you have provided is super helpful for folks like me who do not want to shell out thousands of dollars in legal fees just for simple LLC formations. I just filed my 3rd LLC (first in CA and next 2 in TX), all using the information you provided. Thank you, thank you.

    I have a question, hopefully quick. I used to live in CA and formed an LLC there for an investment SPV. I recently moved to TX and would like to move the LLC to TX as well. Instead of domesticating the CA LLC in Texas, I’ve chosen to form a brand new LLC in TX under the same name (which is what I just filed the request for). This is mainly because I need this done asap and moving the existing LLC from CA to TX, from what I gather, is going to take several weeks. Once approved, I plan to use the same EIN (as that of the CA LLC) for this new entity because it’s the same business with same name, same members, and no change in structure and purpose. I plan to dissolve the CA LLC as soon as things are setup in TX. Does this sound like a logical thing to do, or am I missing something? This is perhaps a legal question but I trust and value your advice more. :)

    Thanks again for all the time you’ve invested in educating us. Appreciate it.

    Reply
    • Anantha, you’re too kind! And super awesome to hear about all you’ve accomplished! Smart call on avoiding the domestication filings. They are a pain, and can be expensive (since many people need to hire an attorney). They way you are thinking is more along the lines of advanced-level LLC thinking, so kudos. And I guess I’ll put it this way… it’s a bit of a gray area… since it’s technically a different entity. However, the IRS doesn’t really care about the state (they are federally focused). So there will likely be no issues from the way you’ve creatively gone about it.

      Reply
  3. Hi, I want to file an LLC, working from Home. Can I use my resident’s Home address for the LLC?
    I’m the registered agent, so can I use the same address as well?
    If I want to open a bank account, will that be an issue?
    Please advise me and what to do instead?!
    Thank you.

    Reply
  4. Hi Matt! :)

    I love your blog!
    I have been doing social media management for different clients for the past year. I have since moved from California to Texas and want to start working under a business name and make an LLC — I have kept some Cali clients that I can work for remotely. Do I need to register in the states my clients are? Or just as a Texas LLC since I am here? What about registering for sales tax since parts of the industry are considered a taxable service?

    Reply
    • Thanks Katy! You’re fine to just form the LLC in Texas and not register it as a foreign LLC in California. Where an LLC is formed – or registered as a foreign LLC – has mostly to do with where you’re running and operating things from. Hope that helps.

      Reply
  5. Hi Matt
    I appreciates your concerns dear.
    I have to change registered agent address. How Can I change it?
    & May we use registered agent address as mailing agent?

    Reply
    • Hi Muzaffar, you can file Form 401 to change the Registered Agent address in Texas. As to whether or not you can use the Registered Agent address as the mailing address, it depends. If you’re the Registered Agent, then yes, you can also use your address for the mailing address. If you’ve hired a Registered Agent Service, you’ll need to check with them (some allow, some don’t). Hope that helps.

      Reply
    • Hi Muzaffar, which address are you looking to change? Registered Agent address, Member’s/Manager’s address, or the Initial Mailing Address?

      Reply
  6. Great website! Very helpful! I am forming a member managed Texas LLC with my wife, son and daughter-in-law for investing. We do not plan on having any more members. I am drafting the Operating Agreement and do not understand what I would use Section II Paragraph (8) – Membership Certificates? is it required?

    Reply
    • Hi David, thank you very much! That’s great to hear. No, LLC Membership Certificates are not required. Membership can be memorialized via the signing of the Operating Agreement. You can remove the section if you’d like or state something like “Membership Certificate are optional”. Hope that helps.

      Reply
  7. HI Matt

    my question is I’m switching my DBA to an single-member LLC can I pay my self from the LLC?

    Reply
    • Hi Brandon, yes, as the owner of the Single-Member LLC, you can take an “owner’s draw” anytime you’d like. You can simply write yourself a check from the LLC bank account or just transfer money from the LLC bank account to your personal bank account. Regarding the DBA, you’ll need to contact the County Clerk in the county where you’re doing business. If they don’t have the ability to transfer the DBA name (transfer it from you to your LLC), your LLC will need to file its own DBA (with the same name). Your DBA name as it is now, is owned by you personally and is not owned by the LLC. Hope that helps :)

      Reply
  8. Matt,
    Thank you for the useful website! We three family members formed a Texas LLC 8-30-2020 to hold 22 acres of land we purchased where we will build our home in 2022. This will be our only function for the LLC. On the land we will work to obtain a wildlife appraisal. In completing the Franchise Tax No Tax Due Report for 2021 it asks for a NAICS Code. I can’t seem to find a category for merely holding land, and soon a home. What code would you use?
    Thank you for your help!
    Matthew

    Reply
    • Hi Matthew, I’d say 531110 (Lessors of Residential Buildings and Dwellings), which can include constructing buildings that you may or may not rent out. Or 531390 (Other Activities Related to Real Estate). Either will be fine, since there isn’t a specific NAICS Code for what you mentioned. Hope that helps.

      Reply
  9. Hi Matt,

    Thank you so much for the info, it’s very helpful.
    Few questions though,
    My friend is setting up an LLC company in Texas, his wife is an American citizen and he will be forming the single-member LLC under her name, she is a doctor by profession.
    We will be setting up different business channels in the USA like Etsy and Amazon under that LLC. All goods will be shipped from our company based in India, So basically this will be a direct drop shipping. they will own the online shops in the States and we will be shipping directly to their customer in the USA and Worldwide, we are expecting the turnover of around 400k and their revenue in a year to be around 10k. No storage in the USA.
    Do they have to pay sales tax?

    Reply
    • Hi Bishow, you’re very welcome. You’ll need to speak with an accountant regarding something like this. We don’t specialize in sales tax. Thank you for your understanding.

      Reply
  10. Hello Matt,

    I currently own an LLC for my bounce house rental business, and I’m currently in the process of opening a Restaurant/Food Truck. Will it be wise to start a separate LLC for the restaurant or will it be ok to do it as a DBA under my first LLC? If i do make a DBA for the restaurant will i need to file for a Separate EIN or can I use my Current for both businesses?

    Thanks,
    Jon

    Reply
    • Hi Jon, if it’s one LLC with a DBA (and two business activities), it’s one EIN. It’s up to you whether or not you want to have 1 LLC or 2 LLCs. If you think there is liability exposure, 2 LLCs separates the liability. We’ve written more about this here: Can I have 2 businesses under 1 LLC? Hope that helps.

      Reply
  11. Hey Matt,

    I am considering to start a business for international trading.
    Basically, my partner from overseas wires me the fund, and I use the fund to purchase machines for construction on auction sites in the US. The auction sites spread over different states. I currently live in TX, and I bid machines online. Once I win the bid, I then contact shipper to ship the machines to Africa, where the machine would be operated. I will be only person who runs the business, and my partner pays me commission for each machine I purchased.

    Under such business operation, is LLC the best fit for me? Would there be any complication everytime my partner wires me fund? And do I only report tax based on my commission?

    Thanks a lot for your help,
    Dale.

    Reply
    • Hi Dale, while your business has international activities, your LLC will be “transacting business” in Texas, so it’s best to form your LLC in Texas. You didn’t specifically ask that, but I’m just mentioning it in case you were thinking of another state. The rest of your questions are tax questions and we recommend speaking to an accountant (or a few) about where those payments should be sent, how they should be classified, and any other details that’ll help you set up things appropriately for taxes. Thank you for your understanding and hope that helps.

      Reply
      • Thank you so much for your response, Matt. I forgot to mention one important detail. I am currently an international student under F1 Visa. I just registered a LLC under my name in TX, with 100% ownership.

        I have heard that it is not lawful to work in any company unless CPT/OPT/H1B visa is granted, but to register a company under my name is fine as long as I do not work for it. I have not started using my LLC to purchase anything, and I plan to wait until I have the lawful status to do so.

        Is my understanding correct and obey the US law?

        Thanks!

        Reply
        • Hi Dale, you’re welcome :) We are not immigration experts and unfortunately and we can’t comment about visas and LLC ownership/management. We simply don’t know the answer at this time. Thank you for your understanding.

          Reply
  12. Hi Matt,

    I am planning to form a LLC and have my own dog training business. I really like the safety of limited liability, because when you work with dogs, accidents will happen. Due to I just started working as a independent trainer, my income varies month by month. I was wondering about where I can find reliable information about the monthly costs of owning an LLC, and what are the consequences of the low income months? Do you think that it is may worth to keep working as a sole-proprietor until I won’t have higher and stable monthly income?
    Thank you so much for your answer!
    Kate

    Reply
    • Hi Kate, a Texas LLC itself doesn’t have monthly fees paid to the Texas Corporations Section or the Texas Comptroller. A Texas LLC costs $300 to form (one-time fee). That is assuming that you file the LLC yourself and you act as your LLC’s Texas Registered Agent (which will both save you money). And while Texas LLCs need to file an LLC franchise tax return each year, you’ll fall into the “no tax due” category, so you would just be submitting information each year; not money. Any monthly fees you may have in your business (like bookkeeping and/or software to run your business) would likely still be an expense regardless of you operating as a Sole Proprietorship or an LLC. Hope that helps!

      Reply
    • Hi Bobbie, while you’re not required to add a spouse as an LLC Member (owner), in community property states (like Texas), as per Section 3.001 of the Texas Family Code, most property owned by one spouse is automatically considered the property of the other spouse. Meaning, spouses automatically jointly own most property (with some exceptions) that is acquired during marriage. The ownership of an LLC (called LLC membership interest) is considered property and is therefore automatically owned by both spouses. This is why the IRS allows Multi-Member husband + wife LLCs (in community property states) to be taxed as a Qualified Joint Venture. Hope that helps.

      Reply
  13. I am very grateful for this page. I wish I had found it before I did a lot of the finger-work on the internet. It has helped confirm and/or clarify several things for me on top of organizing the steps. I just have one remark. The franchise tax no-tax-due has been increased to $1,183,000 per comptroller’s web site. I though you may want to know to verify and correct on this page.
    Thanks again for the great job you did with this page.

    Reply
    • We’re glad you found it so helpful! Thanks for your comment. We are aware of the new threshold. We were just waiting before we updated our pages as the prior threshold still applies for some filings. Thank you :)

      Reply
    • Hi Leon, you can make this change by mail or online via SOS Direct. If filing by mail, the form is Form 408, “Change by Registered Agent to Name or Address”. Hope that helps.

      Reply
  14. I have a partnership LLC with my co owner for a boutique. She is going to buy me out. How do we take my name off of the LLC?

    Reply
    • Hi Kerry, we recommend working an attorney to property draft everything. You need to assign (transfer) your LLC membership to her. This is usually done via an Assignment of LLC Membership Interest. Then amend the LLC Operating Agreement. Then file a Certificate of Amendment (Form 424) with the Texas Corporations Section. Then file Form 8832 with the IRS since the tax classification will be changing from LLC taxed as a Partnership to LLC taxed as a Disregarded Entity/Sole Proprietorship. You’ll want to make sure to update your accountant regarding any applicable tax filings/changes. Additionally, you may need to update the Texas Comptroller. Hope that helps.

      Reply
  15. Hello Matt! You do great job and your sessions are very helpful.
    I am going to get a professional real estate inspector licence and thinking of PLLC as sole proprietorship, just because some people says it is better than LLC for inspectors. I am not clear why and would appreciate if you could advise the differences other than being a Licensed professionals requirement for PLLC. Thank you and Happy Holidays!

    Reply
    • Hi Jahangir, thank you! Be careful with the use of your words. “PLLC as Sole Proprietorship” is not how it should be phrased. It’s a PLLC with 1 Member, therefore it’s taxed like a Sole Proprietorship by the IRS. Licensed professionals are held to hire standards and most state laws don’t allow licensed professionals to avoid liability simply by forming an LLC, therefore, there are PLLC requirements. Hope that helps.

      Reply
  16. Hey Matt,
    I echo everyone’s sentiments and repeat awesome job here with the detailed answers. Here is my question. I live in Texas and have real estate investments in Arkansas. I already filed and pay my yearly fees for Arkansas since 2016. I also wanted to create a holding/parent company that will manage my LLCs for Arkansas as well as one that I plan to start here in Texas. Questions. Can or Does the holding company need to be based out of Texas to hold the assets for both Arkansas and Texas? Do I have to move my LLC from Arkansas to Texas even though the physical real estate is in Arkansas and pay a foreign LLC fee? Can a parent company own LLCs in multiple states? Is it worth having a parent company that owns different LLCs or just let the LLCs own themselves? My home office in Texas will serve as the address for Texas LLCs and i have another address in Arkansas for my Arkansas LLC. Note, all of this is/will be setup as sole ownership. Thank you in advance for your help.

    Reply
    • KM, thank you. There’s a lot here, and likely a lot more to be uncovered. Something like this is best discussed with a real estate attorney. If helpful, it sounds like you’re thinking of an out-of-state holding company, say Wyoming. You could set up a Wyoming LLC and you’d then have to assign your interests in your Texas LLC and your Arkansas LLC to your Wyoming LLC. This way, you don’t own the TX and AR LLC, but the Wyoming LLC does. That’s a very high-level overview of a common holding company setup. Hope that’s helpful.

      Reply
  17. Hi Matt,
    I live and reside in PA but 90% of my customers are based in TX. I am not sure if I should establish the LLC in TX or PA. I can use LegalZoom for the TX setup. What else do I need to do to operate in TX? I am selling services.

    Additionally, would I need to set up DBA’s in each of the other states where my current/future customers are located?

    Thanks!
    Jeff

    Reply
    • Hi Jeff, are you visiting Texas or working from Texas often? What kind of services? It comes down to where you’re doing business, which is a gray area. It has more to do with where business is being done vs. where customers are. You don’t have to create a DBA for your LLC, unless you want to. You can just operate under the LLC’s name. Please see Do I need a DBA for my LLC.

      Reply
  18. I am a veteran, and I see that there is a waiver of the initial fee ($300).

    My question is, if I am starting a business with my wife, will we still qualify for that fee wavier if both our names are owners?

    Reply
    • Hi Dirk, in that case, you wouldn’t be eligible for the fee being waived. Reason why is that all the LLC Members need to be veterans in order to qualify. Hope that helps and thank you for your service!

      Reply
  19. Hi, i’m trying to convert a real estate company that is currently a sole proprietorship to an LLC in Texas. I know i have to file form 205(certificate of formation) to form the LLC. I’m just trying to figure out how to get the contracts from my sole proprietorship over to the LLC legally. Would the LLC have to purchase the Sole proprietorship or how would that work? i would like to not invalidate the contracts.
    Any help or advise is appreciated. Thanks in advance

    Reply
    • Hi Nate, contracts are intangible assets, and most are assignable (unless they state otherwise). So you can assign the contracts from yourself to the LLC. Additionally, as a part of your capital contribution listed in your LLC’s Operating Agreement, you can also state that you are assigning and transferring your contracts to the LLC and then list them (ex: name of party and date signed). You could also briefly mention them and then stick the contract details in an attachment/exhibit to your Operating Agreement. Hope that helps.

      Reply
  20. What a great article. What is the quickest way I can get an LLC? Meaning fastest turn-around to have it in hand? I’m in a super tight timeline.

    Reply
    • Thanks Marlene! Forming your LLC online through SOS Direct is the fastest option. SOS Direct automatically “expedites” the LLC filing by default (nothing needs to be selected and no extra money needs to be paid). The approval time is 2-3 business days. There is no faster LLC approval option in Texas (even if you were to hand-deliver the Certificate of Formation to the Corporations Section). Hope that helps.

      Reply
  21. Thank you for the informative article. You stated above that filing a Texas LLC is $0 for a veteran. I plan to form an LLC with 1 veteran and 1 non-veteran. What would be the applicable filing fee?

    Reply
    • Hi Bob, you’re very welcome! Great question. In order to get the $0 filing fee, all of the Texas LLC Members must be a veteran. Furthermore, each veteran must have been honorably discharged from a branch of the United States military. In your case, an LLC with 1 veteran Member and 1 non-Veteran Member would have to pay the regular $300 filing fee. Hope that helps!

      Reply
  22. If I own a Texas LLC, (I) Can I do import/export business with Asia (II) Receive and pay money through my business bank account opened under Texas LLC?

    Reply
  23. Hi Matt! Your website has been such a blessing to me while I am getting started with my business. I have filed all the paperwork and my PLLC is now showing up as a registered name! YAY, it’s mine!!

    Now I am on the EIN step. My question is can I use the Texas taxpayer number for my business or do I use my personal SSN to obtain my EIN?

    Thanks so much.

    April

    Reply
    • Hi April, thanks for the compliment and congratulations on your PLLC! No, you can’t use your Texas Taxpayer Number to get an EIN for your LLC. There are three ways to get an EIN: online, by mail, or by fax. The online application is the fastest method (immediate approval), however, you can only apply for an EIN online if you have an SSN or ITIN. We have instructions here: how to apply for an EIN online.

      For anyone else reading this who doesn’t have an SSN or ITIN, you can still get an EIN from the IRS, however, you will have to apply using Form SS-4 and send it to the IRS by fax or by mail. We have instructions here: how to apply for EIN without an SSN or ITIN.

      Reply
  24. Matt
    Thanks for the great job providing the information for forming LLCs.
    Can you please send me a template for an operating agreement for Texas LLC Managed by Managers

    Thanks

    Reply
      • I continue to learn from your website and very much appreciate the great effort you put into educating us readers. My CPA is advising I should use the SMLLC classification since Texas is a community property state and the only planned members are my wife and myself. My Certificate of Formation reflects “managed by managers.” Do I need to formally change to Managed by members” and can you provide guidance for the appropriate operating agreement?

        Thanks and best regards

        Reply
        • Hey John, so great to hear! Correct, if you’d like your husband and wife LLC to be taxed as a Sole Proprietorship, you’ll need to make a designation with the IRS either when applying for your LLC’s EIN or afterward. We have instructions here: Qualified Joint Venture LLC. You’ll also want to change your Operating Agreement. Instead of being owned 50% by John Doe and 50% by Mary Doe, change it so it reads John & Mary Doe owning 100%. Husband and wife LLCs in community property states can be treated as “one unit”. It seems to make most sense to have the LLC Member-managed, so yes, I would file the Certificate of Amendment changing the management of your LLC. Hope that helps!

          Reply
  25. I have filed a LLC for my company (in answer to my own question: YES! It’s that easy. Thank you for the great articles and info).

    My question: My company, let’s say ABC, LLC, is a media company (writing products, etc). I have a registered url where I have been writing for years (a lifestyle site) and I am wondering if it can be a “product” of the new LLC, even though the url is a different name.

    Or do I need two llcs?

    Reply
    • Hi Sandy, you’re welcome :) You can sell the URL/website from yourself to your LLC for a small amount, like $100. Then update the domain owner and hosting account to list the LLCs name and update any legal disclaimers to add the LLC name. Things like privacy policy, terms, copyright notice, etc. The URL can be whatever you want. It’s doesn’t have to be the same/similar to the LLC name. Hope that helps!

      Reply
  26. Is it this easy? I can fill out these forms and BOOM! LLC?

    Makes me nervous, even though I want to DIY my business.

    Fill out the forms 205 and 401 and done? Then EIN?

    Seems like there is more to it. Am I missing anything?

    Reply
    • Hey Sandy, yup! Forms 205 and 401 and BOOM, LLC! Then Operating Agreement and EIN and you’re ready to open a business bank account and it’s off to the races. Then we recommend working with an accountant annually to file your taxes and file your Public Information Report. Hope that helps and best wishes with your business!

      Reply
  27. Thanks, Matt you and your video’s have done me a great service, I totally understand and these comments helped me out as well. I can now put these processes into motion as I have printed any forms needed for further filings, thanks again for your kind intelligence to help empower others to become successful business owners.
    Respectfully,
    Lena Scurry

    Reply
    • Hi Lena! Thank you for the lovely comment and kind words. It’s very appreciated. Best wishes with your business!

      Reply
  28. Hi Nikki, no, that’s not correct. An LLC doesn’t have to have a DBA. You’ll simply be doing business under the name of the LLC. We have more details on that here: do I need a DBA for my LLC? Hope that helps!

    Reply
  29. Matt,
    If I get an LLC for my Texas consulting business, will it cover me if I do business with out of state clients?

    Reply
  30. Hi Matt,
    I currently have a 2 member LLC in Texas. We would like to bring on a few more members and I plan on having an operating agreement drafted at that time as well (we currently do not have one). I would like for the new members to have equal share of profits, but they would not be involved in day-to-day activities, so I would like for the 2 existing members that are active in day-to-day activities to receive a salary in addition to their share of profits. Is this setup possible without completely restructuring the business and applying for a new EIN. We are 5 years in and pretty well established. Thanks in advance.

    Reply
    • Hi James, you don’t need a new EIN, since the EIN is “attached” to the LLC, not its Members. However, you’ll want to amend the Operating Agreement and likely hire an attorney for help, since from what you’ve mentioned, it sounds like the LLC will now be Manager-Managed. Additionally, you’ll want to make sure you hire a professional to dive into the details with. If you are changing the management of your LLC, you’ll also want to file a Certificate of Amendment with the Secretary of State. We have a related article here: Member-Managed LLC vs Manager-Managed LLC. I also recommend speaking with an accountant to make sure continuing to have your LLC taxed as a Partnership is the best setup. Hope that helps.

      Reply
    • James,
      I don’t believe a member of an LLC can receive a salary (unless the LLC is taxed like an S-Corp or C-Corp). Like Matt said, your new setup will likely require a Certificate of Amendment and an update to the Operating Agreement.

      Reply
  31. Hey Matt! thanks for the free info, but I have a few questions. if a lawsuit is filed against anyone of my businesses per say, will the others’ assets be at stake?

    Reply
    • Hi Antonio, you’re very welcome. No, if someone is sued personally, then only that person is being sued, not you. Hope that helps.

      Reply
  32. Hi Matt:
    Love all of this info…I am starting a new online ecommerce business in Texas. I want to do an LLC, but I will have different product lines and different online stores. So, I can do the LLC under ABC Company, but do I need different DBA’s underneath the LLC to be able to sell the different product lines? For instance, ABC Company (small product name here) to differentiate the type of product being featured. They would also have different domain names and websites, but could possibly roll up to ABC Company with one click. As well, is there any additional info I need to know during formation if I am planning at some point to import products from China? Selling to anyone around the world? This can all be overwhelming, but I just want to set it up correctly in the beginning and not have to correct mistakes along the way. Thanks in advance.

    Reply
    • Hi Cali, in terms of LLC formation in Texas, nothing different needs to be done for importing products. However, there are likely certain business licenses and/or permits you need, but that’s not something we cover right now. You can operate under one LLC as each product line doesn’t need to be it’s own business. That would likely be very challenging from an organizational standpoint. And you don’t need DBAs, since product names are not “doing business”. It’s simply just a product. Next time you’re at the store, take a look at toothpastes for example, and you’ll see multiple different products lines all from the same legal entity. Hope that helps.

      Reply
  33. Awesome information within your site! For me, I’m attempting not to be overwhelmed with the all the fab info – the blogs have great questions, which are some of my own.

    I want to start an LLC in TX; however, I need to be a registered WBE, for a contract I’d like to bid on. In reading the blogs, it appears that the WBE name should be different than the LLC name, which is currently available. In addition to all this, I’m a disable Veteran and I’m planning on filing for formation fee exemption as well. My questions are:
    1. Do I actually need a separate name and EIN for the WBE?
    2. If so, can I establish an LLC and WBE at the same time or
    3. am I making the process to complex, and they are basically one in the same and I “simply” need to go a step further, once the LLC is approved by the state and register as a WBE?
    4. When will your site have the information for Veterans who are establishing LLC’s be available?

    Thanks again for all the education and sharing your knowledge with the world!

    Reply
    • Hi Cannan, thank you! You don’t need a different LLC name for the Women’s Business Enterprise Alliance (WBE) Certification. You would first form the LLC and then wait for it to be approved. Send in your Certificate of Formation along with the Veteran documentation in order to have the $300 filing fee waived. Then after the LLC is approved, complete your LLC Operating Agreement and get an EIN. Then you will apply for the WBE Certification. You’re correct… think of the WBE as a “layer” that sits on top of your LLC. I’m not sure of the exact date, but making a separate lesson for Texas Veteran-owned LLCs is on our to-do list. Thanks for your understanding. And you’re very welcome!!

      Reply
    • Hi Kay, the process is very similar, except using Form 205, you’ll use Form 206, Certificate of Formation for Professional Limited Liability Company. Hope that helps.

      Reply
  34. Hi I have just purchased an llc in Texas. I think my ignorance to all this is gonna cost me. I had a friend who was gonna hell out with the business that I had a falling out with and now she is changing account passwords and just doing whatever she can to harm my llc. She is listed as a manager this is where my ignorance comes in. I originally didn’t realize what that meant. I thought it was just that, a manager. I’m also on as a manager and I was the registered agent. I’m listed as the organizer on the certificate of formation. She has made herself the registered agent for whatever reason. My question is what are my options? How do I remove her from the llc. This is a brand new llc. Was set up the 5th of this month and we had our fall out the following day so we do not have an operating agreement and she will not cooperate with me. How can I resolve this issue

    Reply
    • Hi Hathorn, bummer about the situation. There isn’t a quick black and white answer to this as there isn’t an Operating Agreement and there is a disagreement in place. I’d work with a lawyer if needed, or maybe just threaten to sue and that’ll get your partner to cooperate. Might be best to dissolve this LLC and start a new one fresh, with just yourself as Member. Now it does sound like you’re the Member and you appointed your partner as Manager, again, however, with no Operating Agreement in place, it’s just messy. Hope that helps.

      Reply
  35. Hi,

    I am planning to form LLC in Texas state. From one of your answers in the Q& A session, I read this: “The default purpose for Texas LLCs is “general purpose” (any and all lawful activity), so you don’t need to list the LLC’s business activities in the Certificate of Formation”.

    If in case, I would like to do the IT consulting, Training, Media & entertainment activities ….does all this come under general purpose?
    or do I need to list them under the special provisions in the application?
    Please help.
    Thanks in advance.

    Reply
    • Hey SJK, yes, IT consulting, training, and media & entertainment would all fall under general purpose, however, if you’d still like to list them in your filing, you certainly can. Hope that helps!

      Reply
  36. Hi Matt. Really appreciate your website and feedback. I’m an independent business consultant and my wife is a realtor. We want to form a new single LLC in Texas, with both of us partners in the LLC. I’ve come up with a business name for the LLC that I would really like to use as it represents my services well but the wife is not to keen on it for realty services. Can we set her business up as a different DBA that she likes under the LLC? What about if I also chose to setup my business under a separate DBA under the LLC, can we have two separate DBA’s under the same LLC? If the answer to all of this is yes, will we only have one Federal EIN for the LLC that we give our customers? Will our customers have to cut checks payable to the LLC or can they cut checks payable to the DBA’s also? Should we setup only one business bank account for the LLC or have one for each DBA? Your help is greatly appreciated!

    Reply
    • Hi RFK, you’re welcome :) Yes, an LLC can register/own multiple DBAs. Yes, you’d have one EIN for the LLC. Yes, you can open separate bank accounts under each DBA. And yes, you can accept checks payable to the DBA. Having said all that, I would not recommend merging both you and your wive’s business activities under one LLC. This sounds like two completely different businesses. Separating them from a liability standpoint will be beneficial. And from an organizational standpoint, you’ll remain more sane. This isn’t a hard rule, so you’re welcome to do whatever you’d like of course, but I wouldn’t proceed down this path. Hope that helps.

      Reply
  37. Hi, Matt! First of all, thank you so much for this wealth of information, it is very helpful. I have a question that I am unable to find an answer to at this point…

    If someone is a single member owner LLC owner in the state of Wisconsin and the single member lives out of state (say, Texas) – do you need to file as a foreign agent in the state the single member lives in – even if they are not doing business in the state that they live in for the company?

    Thank you for your help.

    Reply
    • Hi Anna, you’re very welcome! What is means to “do business” (called “transact business” in Texas) is usually never clearly defined (on purpose). However, Texas law does spell out what it means to not transact business. We cannot interpret this for you, but there is a good chance that if you’re working from home and running the business from Texas, that you are transacting business in Texas. Again though, we cannot provide a definite answer to this and I recommend calling a few attorneys in Texas to get their opinion. Please see the following chapter of the Texas Business Organizations Code: Chapter 9 Foreign Entities. Section 9.251 defines what it means to not be doing business. Sections 9.051 and 9.052 define the penalties of not registering as a Foreign LLC (if you need to register as a Foreign LLC). I hope this helps.

      Reply
  38. Can you make an edit stating that if you’re a veteran you might be eligible for the Senate Bill 1049 benefits?

    Reply
    • Yes, we will work on this next week and get the edit live as soon as possible. Apologies about that, and thank you for your feedback :)

      Reply
    • Hi Allen, we’ve updated the Certificate of Formation section with information for Veterans. Although it’s a brief overview, it does link to the relevant forms and instructions from the Texas Veterans Commission. We’ll soon be creating an entire step-by-step lesson specifically for Veterans, however, if you have any questions in the meantime, please let us know. Thanks again for your comment!

      Reply
  39. Matt,

    Much appreciation for the wealth of information. Thank you.

    Have XYZ business currently running in WA state as a one man business providing onsite services to customers. Want to move to TX, can I do administrative work from TX for the business in WA, without worrying about double taxation?

    Do I have to register the business in TX as well as a foreign company?

    Reply
    • Hi Mike, you’re very welcome! When you say “Want to move to TX”, do you mean you are planning to move to Texas?

      Reply
      • Matt,

        Yes, I’m the one moving to TX but the business will continue to operate in Seattle. I’ve employees there.

        Reply
        • Hi Mike, this is tough to say for sure as “transacting business” in Texas can be loosely interpreted one way or the other. To save space, please see my reply to Anna’s comment below where I included the relevant state statutes. My reply to her is a few down from this. Hope that helps.

          Reply
  40. Thank you, thank you, thank you!
    Matt you have no idea how happy I am to of found this site.
    I really appreciate your articles and how you respond to each question asked.
    Robyn

    Reply
  41. Hi, first off thank you for your help on these topics! I want to know how to go about setting up a dba after an llc is formed or if i do it at the same time as filing for the llc? Will there be a fee? My business will operate in Texas. Thank you!

    Reply
    • Hi Layla, you’re very welcome. Yes, there is a fee for filing a DBA. First, could you tell me the LLC name you filed (or plan to file) and the DBA you’d like to use? I just want to make sure you actually need a DBA, since many people are confused. It’s hard to answer your question without knowing some more details. Thanks.

      Reply
  42. Hi Matt,
    I currently have a sole trader company in Houston. As I am concerning the risks with sole trader company, I wanna to convert it to a LLC company. Do you have any ideas how to convert it? or Maybe I just close the sole trader company and set up a new LLC company?

    Thank you for your help.

    Reply
  43. I currently have LLC formed in Nevada and I filed foreign LLC in Texas. My LLC is doing real estate investment only in TX. I would like to move my LLC to TX what should I do. My annual fee for Nevada is overdue by 1 day. I just don’t want keep double paying 2 state annual fee.

    Thank you so much. I love your blog.

    Reply
    • Hey Jade, thanks for the kind words! I hear you. Nevada’s fees are cumbersome. You can actually convert your Foreign LLC into a Domestic LLC. You can find instructions here. Once the conversion goes through, you can then dissolve your Nevada LLC. Hope that helps!

      Reply
  44. Hi,
    I really like your articles and instructions. Thank you very much for your work. I’m planning to have an LLC with my brother. We want to form a 2-member LLC with manager-managed. My brother will manage the LLC and I will be a silent member.
    I’m little confused about the Form 205 Article of Formation in Article 3 (Governing Authority): “The limited liability company will have managers. The name and address of each initial manager are set forth below.”
    In this case, should I only disclose my brother’s name as the manager in Governing Person 1? Then where should I disclose my name?

    I also wonder where I should list the operations and business of my LLC: in Article 4/supplemental provisions or somewhere else?

    Thank you.

    Reply
    • Hey Kat, since your LLC will be Manager-managed, you’ll check off A (“will have managers) in Article 3 (Governing Authority) and you’ll list the Manager, which is your brother. You and your brother’s name will appear in the Operating Agreement, the document that controls the LLC. Please send us a message via our contact form and ask for our Manager-managed Operating Agreement as the current one we have in the Texas lesson is for Member-managed LLCs. If you’d like to learn more about Member-managed vs Manager-managed, please see this article. The default purpose for Texas LLCs is “general purpose” (any and all lawful activity), so you don’t need to list the LLC’s business activities in the Certificate of Formation.

      Reply
  45. Hello Matt,im interested in opening an LLC in Tx,my questions are, I’m not an us resident, I do have an itin number, what box should I check on section 8b,I do have a Tx address, can I do this online or should I get a lawyer to do it for me?. Thank you

    Reply
    • When you say section 8b, do you mean in IRS Form SS-4? If so, there is not a checkbox in 8b. Can you re-phrase your question? Which section are you asking about? Yes, you can file the LLC online. You’ll need to mail or fax your EIN application to the IRS. You can form your Texas LLC yourself or hire a lawyer. Whichever you are more comfortable with.

      Reply
  46. First of all I appreciate you sharing all this information. I am a Sole Proprietorship and I already have a DBA (Texas) and EIN. I am planning to change to an LLC most likely as a solo LLC. My question to you is if the EIN I already have can be used with the new LLC or I have to get a new one?
    Thanks for your help!

    Reply
  47. Matt, thank you for the TX LLC filing education. It’s been extremely helpful! Following the instructions on the Operating Agreement, we are creating a LLC for real estate rentals owned solely by husband/wife in TX. Do we list the tax classification as “sole proprietorship” or “qualified joint venture”? Also, do we need to file IRS Form 8832 to formally elect our classification?

    Reply
    • Hi Jared, no, you do not need to file Form 8832 to elect either of those classifications. An IRS Qualified Joint Venture is a husband and wife (who reside in a community property state and who file taxes jointly) who file taxes as a Sole Proprietorship (as opposed to a Partnership). So the question is actually QJV vs. Partnership taxation. You’ll need to speak with your accountant about the pros and cons specific to your situation. Whichever you end up choosing can be done via the IRS online EIN application.

      Reply
  48. Hello, I read your article on not forming Delaware LLC. (by the way: which was a good read and detailed) – what are some of your other suggesstions than for assest protection, (since really thats the reason majority of people choose those 3 states) currently have a Tx LLC , multi member (other biz partners) what are some easy or less complicated methods we could implement instead of the Delaware,NV, Wy LLC.

    Reply
    • Another thing to consider is forming an LLC in Wyoming or Delaware and have that being the parent company of your Texas LLC. Your parent company isn’t doing business in Texas, and it can add another layer of protection.

      Reply
  49. We will form a LLC in Texas. Two of my patterns reside outside USA. Will be a problem put none USA addresses as in the Certificate of Formation?
    thanks
    Ana

    Reply
    • Hi Ana, you can list non-US addresses in the Governing Person boxes. That is allowed.

      Reply
  50. Hello Matt,
    thank you for putting this all together! So useful.

    I am opening an LLC and I have a question that has been frustrating me. I read in other sources:
    “Each quarter, you need to total the amount of money you’ve earned and pay quarterly taxes to both your state and the federal government separately. You’ll pay on April 15, June 15, September 15, and January 15 of each year.”

    Is it true? You mentioned that federal taxes are paid together with personal tax return, and this one happens once a year, no? I am confused.

    Thanks in advance!

    Reply
    • Hey Roza, the details are more complicated than that and I wouldn’t look for the answer online. If you’re self-employed and expect to owe $1,000 or more in annual taxes, then you most likely need to file quarterly. I recommend you speak with a few accountants though and then hire one for help with all of your taxes, federal, state, and local. You can read our How to Find an Accountant guide. You can also reference this quarterly estimated payments page on the IRS’s website. Hope that helps.

      Reply
  51. Greetings, I live in Texas and my question is when filing for the DBA does my LLC have to have the same name as the business being operated in it? For instance if my biz name is “The Corner Store” do I name my LLC the same name since it is the only company in the LLC? Thanks

    Reply
    • Hey King, I think you may be slightly misled. You mentioned “since it is the only company in the LLC”. That does not make any sense, since the LLC is the company. Additionally, why are you filing a DBA? It is not a requirement when forming an LLC. You only need to file a DBA if your LLC will be doing business under a different name. Example: ABC Company LLC d/b/a The Corner Store. But, you can just form an LLC called “The Corner Store LLC” and you don’t need a DBA. Does that help at all? I know this stuff can get a tad confusing.

      Reply
      • Hey Matt,

        Thanks for all the content – You’re truly amazing!

        Can I refer to my business as “ABC Company” if my LLC is named “ABC Company, LLC”, or must I always include the “LLC” when referring to the business? Will I need a DBA in the case where I want to drop the “LLC”? To give you context, I plan to always include the “LLC” in contracts and any formal documentation, but would like to simply use “ABC Company” on social media, website, print, verbal, etc.

        Thanks again!

        Reply
        • Hey Lyndon! Thank you! You should be using “LLC” across print, website, etc. You want to let those who you are dealing with know they are dealing with an LLC. If you want to drop the “LLC” as mentioned in certain places/mediums, it’s best to register a DBA (aka Assumed Name) for your Texas LLC. Hope that helps!

          Reply
  52. Can the attorney general (child support) take any money from the business account ?

    Reply
    • I’m not sure. As a general rule of thumb though, no one can just “take money” without authorization. So you’d either sign off giving someone authorization, or there need to be a court order.

      Reply
  53. I have found your LLC information very helpful. I am planning on retirement at the end of the year. I was looking into family trust, revocable trust, irrevocable trust and I’m not sure on any of them for shielding our family properties Medicare if ever needed. I’m thinking of a LLC instead, what do you think. Would a LLC shield from Medicare and other hospital or long term nursing care in the future? Please email me when you can, for I plan to begin setting up something very soon!
    Thank you for your help.
    Herb

    Reply
    • Hi Herb, thank you for your comment. Regarding retirement and Medicare, I am not 100% sure regarding this one. We’ll look into this. Apologies I could not be more helpful.

      Reply
  54. I’m looking at forming an LLC in Texas. I’m aware of the $300 filing fee, but is there any other one-time or annual fees for LLCs in the state of Texas?

    Reply
    • Hey Pat, there is no Annual Report in Texas (well, sort of)… there is the Annual Franchise Tax & PIR (Public Information Report). The fee is $0, but you still need to file the report. However, depending on your gross receipts, you may owe franchise tax. This is not all your taxes though, so you’ll need to speak with an accountant. Hope that helps.

      Reply
      • Question if I have a LLC and I am a 1099 employer and we don’t make alot as a business do we still owe franchise tax in Texas ??

        Reply
        • Hi Amber, it doesn’t sound like you’ll owe any franchise tax (unless for 2018, your LLC had Total Revenue over $1,130,000). But you still have to file the Franchise Tax Report (the “No Tax Due Report”, which much be filed online) as well as your Public Information Report (PIR). So you’re just sending the state paper (or filing online); not money. Hope that helps :)

          For those reading this in the future, the “No Tax Due Threshold” usually changes every 2 years. For the 2020 and 2021 Report Year, the amount is $1,180,000 in Total Revenue.

          Reply
    • I have stablished a LLC in 2015 and I never used it I meant I have done any business on it and I haven’t file any taxes for 2015 and 2016 and I haven’t paid any fees to state of Texas. So what should I do to keep my LLC up to date with the Texas State requirement?

      Thank you
      Hayat

      Reply
      • Hi Hayat, you’ll need to file your “No Tax Due” Franchise Tax & PIR (public information report) with the Texas Comptroller for 2015 and 2016. I recommend calling their office (800-252-1381) after the Thanksgiving holiday to see if there is anything else needed. Hope that helps.

        Reply

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