What Do You Need to File a Texas LLC without Hiring Anyone?

After the state accepts the filing, apply for an Employer Identification Number (EIN) directly with the IRS. The IRS says an EIN is free and that the entity should be formed with the state before you apply. Any website that charges for an EIN is not the IRS.

Some things are not required. The Secretary of State notes that Texas has no general business license. Under FinCEN's current rule, companies formed in the United States are exempt from federal beneficial ownership information (BOI) reporting, so a Texas LLC has no BOI report to file. If you plan to operate under a name other than the LLC's legal name, the Secretary of State's instructions for Form 503 list an assumed name certificate fee of $25.00.

The one requirement that continues after filing is the registered agent. The Secretary of State's registered agent FAQ says an entity cannot serve as its own agent, and that failing to maintain one puts the LLC at risk of involuntary termination. Whoever is named must stay reliably available for as long as the LLC exists.

If you file it yourself, the costs are the $300.00 filing fee, plus the 2.7% card fee if you pay by card, and $25.00 for an assumed name certificate if the business will use one. The EIN costs nothing.

Texas LLC filing facts at a glance

Filing it yourself, step by step

The process follows the same order everywhere: name the LLC, give it an address for service, file the formation document, and keep the LLC in good standing. In Texas, you file with the Secretary of State.

1. Settle on a name. The LLC's name goes on Form 205, so decide it before you start the form. The Texas Secretary of State sets the rules on what a name must include and whether it's available. Check those current requirements before you commit, so the filing isn't held up over the name.

2. Line up a registered agent. This decision needs the most thought before filing. The registered agent FAQ says the LLC itself cannot serve. The same FAQ explains who does qualify, so check it before naming yourself or someone you know. Whoever you name must stay in place. A lapse is not a paperwork technicality, because the Secretary of State lists involuntary termination as the risk.

3. Complete the Certificate of Formation. Form 205 is the Texas Certificate of Formation for a limited liability company. The Secretary of State's instructions walk through each item on the form, and reading them alongside the form prevents most rejections.

4. File and pay. According to the formation FAQs, you can file online through SOSDirect. The filing fee is $300.00. A card payment carries the 2.7% convenience fee on total fees, which comes to $8.10 on a $300.00 filing.

5. Get the EIN. Once the state has formed the LLC, apply for an EIN directly with the IRS. It costs nothing, and the IRS warns against paying a third party for one.

6. File an assumed name if you need one. If the business will operate under a name other than its legal name, file Form 503 for $25.00.

7. Keep the LLC in good standing. Forming the LLC is a one-time filing, but keeping it in good standing is ongoing. The registered agent must stay in place for as long as the LLC exists, because losing one risks involuntary termination. Check with the Texas Secretary of State for the reports and taxes the LLC owes after formation, and put those deadlines on your calendar as soon as you have them.

Doing it yourself versus using a formation service

Doing it yourself costs the $300.00 state fee, plus $8.10 if you pay by card. The EIN is free. The registered agent costs nothing if someone who qualifies under the Secretary of State's rules will reliably fill the role.

A formation service does not lower the state fee, and it cannot make the EIN any cheaper than free. ZenBusiness, for example, offers a Starter plan at $0 plus the state fee, a Pro plan at $199 per year, and a Premium plan at $299 per year. Its registered agent service is a separate $199 per year on every tier, including Premium. That price drops to $99 for the first year if you form the LLC with ZenBusiness. The lowest-cost service route for someone who needs an agent is therefore the $300.00 state fee plus $99 in the first year, then $199 per year for the agent after that.

The real case for a service is the registered agent. If no one who qualifies can reliably serve, or you would rather not have legal papers delivered to a home address, a commercial agent solves that problem. You can compare ZenBusiness's formation plans and agent pricing before deciding. For everything else on this page, the state's own instructions are enough to file correctly on your own.

statebystateformation.com earns a commission on some links. That does not change the comparison above, and the do-it-yourself route remains the cheaper one whenever the registered agent role is covered.

Frequently asked questions