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How to Start an LLC in Texas (and the Truth About ‘Under $200’)

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Starting an LLC in Texas is one of the best bargains in American business formation: the state filing fee is just $300, there is no annual report fee, and Texas has no personal income tax. But “$300 state fee” and “under $200 total” do not match — so how do you actually form a Texas LLC for under $200? The honest answer requires distinguishing the state’s fee from optional services, understanding what you can legally skip, and knowing which “formation packages” are upsells. Here is the real math and the exact process.

The Real Cost Breakdown

Texas charges a $300 filing fee for the Certificate of Formation — non-negotiable, paid to the Secretary of State. That alone exceeds $200, so let us be straight: you cannot form a Texas LLC for under $200 in state fees alone. Anyone advertising “form your LLC for $49” is quoting their service fee before the state’s $300 — the fine print always reveals the real total.

However, “under $200” is achievable for everything beyond the state fee — meaning zero service fees, zero upsells, zero registered-agent fees (by acting as your own agent). The realistic total for a DIY Texas LLC: $300 state fee + $0 everything else = $300. Anyone promising under-$200 all-in for Texas is misleading you. What this guide does is keep you at that $300 floor instead of the $500–800 that formation companies extract.

Step 1: Choose Your LLC Name (Free)

Your name must include “LLC,” “L.L.C.,” or “Limited Liability Company” and be distinguishable from existing Texas businesses. Check availability free on the Texas Secretary of State’s website (SOSDirect or the taxable entity search). Do this before anything else — building a brand around an unavailable name wastes weeks.

Also check the domain name and social handles while you are at it — free and takes five minutes. Do not pay for a “name reservation” ($40 in Texas) unless you need to hold the name for months; if you are filing this week, skip it and file directly.

Step 2: Appoint Yourself as Registered Agent (Free)

Texas requires every LLC to have a registered agent — someone available at a Texas physical address during business hours to receive legal documents. Formation companies charge $100–300/year for this service, and it is their highest-margin upsell. But Texas allows you to be your own registered agent if you have a Texas street address (no P.O. boxes) and are generally available during business hours.

The tradeoff is privacy: your address becomes public record. If you work from home and that bothers you, a registered-agent service (~$100/year from reputable providers) is worth it — but it is optional, not required. For most bootstrapped founders, self-appointing keeps the cost at zero.

Step 3: File the Certificate of Formation ($300, DIY)

File online through SOSDirect (the Secretary of State’s portal) — it is the fastest method, typically processed in 2–3 business days. You will need: the LLC name, registered agent name and address, management structure (member-managed is standard for small businesses), the organizer’s name (you), and the $300 fee. The online form takes about 20 minutes.

Skip every upsell on formation-company sites: the “operating agreement template” ($50–100 — download a free Texas-specific template instead and customize it), “EIN filing service” ($75 — the IRS issues EINs free in 10 minutes online), “compliance packages,” and “business license research” (check your city’s requirements free on its website). The Texas Secretary of State’s official business formation pages document the DIY process.

Step 4: Get Your EIN Free From the IRS (Free, 10 Minutes)

After your LLC is approved, get a federal Employer Identification Number at the IRS website — free, online, immediate. You need an EIN to open a business bank account, hire anyone, or file business taxes. Despite what formation companies imply, there is never a legitimate fee for an EIN; the IRS issues them free. Beware of copycat sites charging $75 for “EIN filing” — use irs.gov directly.

With the EIN, open a separate business bank account — commingling personal and business funds is the fastest way to pierce your LLC’s liability protection (the whole point of forming it). Many banks offer free business checking for small balances.

Step 5: The Operating Agreement and Texas Taxes (Free to Cheap)

Texas does not legally require an operating agreement, but get one anyway — it defines ownership, profit splits, and what happens if a member leaves, and banks often ask for it. Free Texas-specific templates are widely available; customize rather than signing blindly. For single-member LLCs it is short and simple.

Texas tax reality: no personal income tax and no annual LLC franchise-tax report for most small businesses (the franchise tax applies only above ~$2.47 million in revenue, and even then most small LLCs file a simple no-tax-due report). There is no annual report fee — a genuine Texas advantage over states charging $50–300 yearly. Do check whether your business needs local permits or sales-tax collection — the Texas Comptroller’s taxpayer resources cover this free.

Total: $300, and Where “Under $200” Actually Applies

Final honest accounting: a DIY Texas LLC costs $300 (state fee) + $0 (self-filed, self-agent, free EIN, free template agreement) = $300 total, with zero recurring state fees. The “under $200” framing works for the service costs — you spend $0 on services versus the $200–500 formation companies charge on top of the state fee. If someone quotes under $200 all-in for Texas, they are hiding the $300 state fee in fine print.

Protect that $300 investment: keep business and personal finances separate, file the franchise-tax no-due report when required, and maintain your registered agent address. An LLC you neglect can be forfeited — and a forfeited LLC protects no one.

A Texas LLC’s $300 state filing fee is mandatory — “under $200 all-in” is a myth. But you can keep total costs at exactly $300 by filing yourself on SOSDirect, acting as your own registered agent, getting your EIN free from the IRS, and using a free operating-agreement template.

Conclusion

Starting a Texas LLC cheaply means paying the unavoidable $300 state fee and ruthlessly declining everything else: file the Certificate of Formation yourself, be your own registered agent, get the EIN free from the IRS, and use a free operating-agreement template. Texas rewards you afterward with no annual report fees and no income tax. For more small-business formation guides, browse our business section, learn about us, or ask us your startup questions.

Frequently Asked Questions

Can I really form a Texas LLC for under $200 total?

No — not honestly. The Texas state filing fee alone is $300, which no service can waive. “Under $200” offers always exclude the state fee in fine print. What you can do is keep everything beyond the state fee at $0, for a $300 all-in total with no recurring state fees.

How long does Texas LLC approval take?

Online filing through SOSDirect typically processes in 2–3 business days; mailed filings take 1–2 weeks. Expedited processing is available for an additional fee if you need it faster.

Do I need a lawyer to form an LLC in Texas?

Not for a standard single-member or simple multi-member LLC — the process is designed for DIY filing. Consider a lawyer for complex ownership structures, significant liability exposure, or custom operating-agreement terms beyond template scope.

Can I be my own registered agent in Texas?

Yes, if you have a Texas physical street address and are available during business hours. The tradeoff is privacy — your address becomes public record. Registered-agent services (~$100/year) solve the privacy issue but are optional.

Does a Texas LLC pay annual fees?

No annual report fee — a real Texas advantage. The franchise tax applies only above roughly $2.47 million in revenue; below that, most LLCs file a simple no-tax-due information report. Always verify current thresholds with the Texas Comptroller.

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