Step-by-step instructions: https://www.llcuniversity.com/texas-llc/forms/
To form an LLC in Texas, file your Certificate of Formation with the Secretary of State.
Certificate of Formation:
Consent to Serve as Registered Agent:
Your Texas LLC is required to list a Registered Office and a Registered Agent in your Certificate of Formation. A Registered Agent is a person or a company who agrees to accept legal mail and important documents on behalf of your LLC.
The Registered Office is a physical address (cannot be a PO Box) located in Texas.
The Registered Agent is located at the Registered Office and is generally accessible during normal business hours.
You, as an individual, can be your LLC’s Registered Agent. However, your LLC cannot be its own Registered Agent.
-- COMMERCIAL REGISTERED AGENT --
We recommend Northwest Registered Agent:
(using a Registered Agent offers a degree of privacy when forming your Texas LLC)
-- FILING FEE --
-- ACCEPTED FORMS OF PAYMENT --
Check or Money Order
-- FILING INSTRUCTIONS --
Mail two (2) copies of your Certificate of Formation and your check or money order for $300 made payable to the “Secretary of State” to:
Secretary of State
PO Box 13697
Austin, TX 78711
The “Consent to Serve as Registered Agent” form does not need to be mailed in with your Certificate of Formation. In fact, you don’t need to mail this document anywhere. It is an “internal document”, meaning you will just need to keep it with your business records.
-- EXPECTED APPROVAL TIME --
You will usually receive approval of your filing within 5-7 business days.
-- WHAT DOES APPROVAL LOOK LIKE --
Once you mail the filing fee, along with two (2) completed copies of the Certificate of Formation, you can expect two things:
First, within 5-7 business days, the State will send you back a copy of the Certificate of Formation with a stamp of approval. Second, in approximately two (2) months, you will get a letter from the Texas State Comptroller (the division responsible for tax related items).
This letter will instruct you on filing your annual Franchise Tax Report, which all LLCs in Texas are required to file.
Your LLC is now a legally formed business in the State of Texas.
Until you have confirmation your LLC has been officially approved, do not order your EIN (Federal Tax ID Number) or start to use your LLC for business purposes.
-- ANNUAL REPORTING & TAXES --
Even if your LLC does not generate revenue or have business activity within a given tax year, you will still be required to file this annual paperwork with the State.
We highly recommend that you hire a tax professional when dealing with taxes for your LLC.
Your LLC is required to file two (2) documents on a yearly basis.
The first is the Franchise Tax Report which is filed with the Texas State Comptroller, not the Corporations Section.
The second is a Public Information Report (or PIR) that must also be submitted with the Franchise Tax Report.
These reports are not easy to complete yourself.
They are tax documents and we recommend you get help from your accountant or tax professional because you will need to decipher gross receipts, dividends, interest, losses, gains and other financial details.
-- TEXAS SECRETARY OF STATE --
-- NEXT STEP --
Once your LLC is approved, you can proceed to the next Lesson:
-- DISCLAIMER --
This information is provided for educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific to your business needs, we encourage you to consult with a licensed attorney and/or CPA in your state.
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