Table of Contents
▼
How much is the Texas LLC filing fee in 2026?
The Texas Secretary of State charges $300 to file a new LLC's certificate of formation. That is a one-time government fee paid to the state, not to a formation provider. The $300 is the only mandatory state charge to create the LLC. Everything else people lump into "Texas LLC filing fees" is a separate cost: registered agent service, optional expedites, and the annual franchise tax report (which costs $0 when no tax is due).
Quick Answer: Forming a Texas LLC costs $300 in state filing fees, paid to the Texas Secretary of State. A non-US resident then adds a registered agent (recurring), an EIN (free from the IRS), and optional provider fees. Texas has no fixed annual LLC fee; the franchise tax report is a $0 no-tax-due filing when the LLC owes nothing.
That $300 figure is the number to anchor your budget on, but it is not your total. The rest of this page separates what the state gets, what service providers get, and what recurs every year.
What the Texas Secretary of State charges, line by line
The state charges for the certificate of formation and, if you want them, a certified copy and expedited processing. The formation fee is the only line a new LLC must pay.
Here is how the government side breaks down. Exact add-on amounts move, so confirm each on the Secretary of State's fee schedule before you pay.
| Item | Who is paid | When | Amount |
|---|---|---|---|
| Certificate of formation (LLC formation) | Texas Secretary of State | One time, at formation | $300 |
| Certified copy of formation documents | Texas Secretary of State | Optional | Check the current official fee |
| Expedited processing | Texas Secretary of State | Optional | Check the current official fee |
| Name reservation (if used) | Texas Secretary of State | Optional | Check the current official fee |
You can file online through SOSDirect or by mail. Online filing gives you faster confirmation; mail is slower but works if you are paying from abroad and want a paper trail. Either way the $300 formation fee applies.
A formation provider's service fee is a separate line on a separate invoice. It is not a government fee, and it is not required to form the LLC. You can file the certificate of formation yourself.
The annual franchise tax report: $0 when you owe no tax
A Texas LLC files an annual franchise tax report every year, but if the LLC owes no tax the report is a $0 no-tax-due filing - it is not a flat annual LLC fee. Texas franchise tax is a tax on margin, not a fixed registration charge. Below the no-tax-due threshold, the LLC still files the report and pays nothing.
That distinction trips up almost every non-resident founder. They read "franchise tax" and budget for a bill. In practice, an early-stage LLC with no Texas tax liability files the report, marks no tax due, and pays $0.
Heads-up: The annual report is due May 15 each year. Miss it and the Comptroller can assess penalties and interest, and a long enough lapse can cost you the LLC's good standing with the state. The $0 filing still has a deadline.
The no-tax-due threshold is set by the Texas Comptroller and changes over time, so check the current figure on comptroller.texas.gov before you assume you are under it.
Registered agent: required, and the address rules
Texas requires every LLC to name a registered agent - a person or company with a physical Texas street address who accepts legal documents and state mail on the LLC's behalf. A P.O. box will not do. The address must be a real Texas street address, and the agent must consent in writing to serve.
For a non-resident, this is the one cost you cannot avoid by doing it yourself unless you already have a Texas street address you control. Most founders use a commercial registered agent service, which charges a recurring annual fee.
| Option | What it requires | Cost type |
|---|---|---|
| Self as registered agent | A physical Texas street address you control, plus written consent | $0 in fees, but you need the address |
| Commercial registered agent | A provider with a Texas street address | Recurring annual fee (varies by provider) |
The registered agent's name and address become public record on the Secretary of State's site. That is normal - it is how the state and process servers find you. It is also why founders keep a separate mailing address for business correspondence.
Tip: The registered agent address and your business mailing address do not have to match. Use the agent for legal service and a separate address (or mail-forwarding service) for customer and bank mail.
What a non-resident must add: EIN, bank account, mailing address
A non-US resident needs three things beyond the state filing: an EIN (Employer Identification Number - the LLC's federal tax ID), a US business bank account, and a mailing address separate from the registered agent. The EIN is free from the IRS and does not require an SSN.
Here is the practical order:
- Form the LLC with the Texas Secretary of State and pay the $300.
- Get an EIN by filing Form SS-4. Non-residents without an SSN apply by fax or phone; the form asks for an SSN/ITIN field you leave blank when you do not have one.
- Open a US business bank account. This is a time cost, not a government fee, and approval is the bank's decision - an LLC makes you eligible to apply, it does not guarantee an account.
- Set up federal filings. A foreign-owned single-member LLC files Form 5472 with a pro-forma Form 1120 each year. Missing Form 5472 carries a penalty, so budget for the filing even when the LLC had no US activity.
An ITIN is not required to form the LLC or get the EIN. If you need one later for personal tax filing, that is a separate process.
If you would rather not handle the fax-and-follow-up dance with the IRS, getting an EIN as a non-US resident is a service NexFyla runs for founders.
Note: The Form 5472 penalty is set by the IRS and changes; confirm the current amount on irs.gov. It is large enough that skipping the filing to save a few hundred dollars is a bad trade.
Total first-year vs ongoing cost table
First-year cost equals the $300 state filing fee plus registered agent plus any optional provider fee plus EIN (free) plus bank setup. Ongoing cost is registered agent plus the franchise tax report ($0 if no tax due) plus federal filings like Form 5472.
| Item | Paid to | First year | Ongoing | Notes |
|---|---|---|---|---|
| Certificate of formation | Texas Secretary of State | $300 | $0 | One time |
| Registered agent | Commercial provider | Recurring fee | Recurring fee | Required; varies by provider |
| Formation provider service fee | Provider | Optional | $0 | Not a government fee |
| EIN (Form SS-4) | IRS | $0 | $0 | Free |
| Franchise tax report | Texas Comptroller | $0 if no tax due | $0 if no tax due | Due May 15 |
| Form 5472 + pro-forma 1120 | IRS | Filing cost | Filing cost | Foreign-owned single-member LLCs |
| US business bank account | Bank | Bank's terms | Bank's terms | Approval is the bank's decision |
Government fees stay separate from provider fees on purpose. If a quote blends "$300 state fee" and "$X service fee" into one number, ask which portion goes to the state.
For a full picture of what formation includes, see US LLC formation for non-residents.
Common mistakes that cost Texas LLC owners money
The biggest mistakes are budgeting only the $300 state fee, missing the May 15 franchise tax report, and skipping Form 5472. Each one has a dollar consequence.
- Confusing the SOS fee with franchise tax. The $300 is a one-time formation fee. Franchise tax is an annual margin tax with a no-tax-due threshold. They are different payments to different agencies.
- Using a P.O. box as the registered agent address. Texas requires a physical street address. A P.O. box filing gets rejected or flagged, costing you a refile and delay.
- Missing the May 15 annual report. Even a $0 no-tax-due report has a deadline. Late filing triggers penalties and interest from the Comptroller.
- Ignoring Form 5472. A foreign-owned single-member LLC that skips it faces an IRS penalty. Budget for the filing from year one.
- Assuming an SSN is required. It is not. The EIN application works without one, and an ITIN is not needed to form the LLC.
- Paying a provider for something the state does not charge for. Name checks, address formatting, and document prep are provider services, not government fees. Know which is which.
Frequently asked questions about Texas LLC filing fees
Is the Texas LLC filing fee $300 in 2026? The certificate of formation fee is $300, paid to the Texas Secretary of State. Confirm the current amount on sos.texas.gov before filing, since state fee schedules change.
Do I have to pay Texas franchise tax if my LLC makes no money? You still file the annual report, but below the no-tax-due threshold you owe $0. Check the current threshold on comptroller.texas.gov.
Can a non-resident form a Texas LLC without an SSN? Yes. The EIN application (Form SS-4) does not require an SSN, and an ITIN is not needed to form the LLC.
What recurring costs should I budget for a Texas LLC? Registered agent service, the annual franchise tax report ($0 if no tax due), and federal filings like Form 5472. Government fees and provider fees are separate.
Do I need a physical Texas address for my LLC? You need a registered agent with a Texas street address. A commercial registered agent can provide that address.
What happens if I miss the franchise tax report deadline? Late filing can trigger penalties and interest from the Texas Comptroller. Confirm current penalty rules on comptroller.texas.gov.
Where to go next
The $300 state fee is the fixed, known part of a Texas LLC. The variables are registered agent cost, provider fees, and federal filing costs - and those are the ones worth pricing before you file.
If you want help with US LLC formation, EIN and business setup, NexFyla can assist. You can see what each package covers on the NexFyla pricing page.
*Last updated: March 2026.*
Sources
[S1] Texas Secretary of State - LLC formation and fee information: https://www.sos.texas.gov/corp/llc.shtml [S2] Texas Comptroller - Franchise tax: https://comptroller.texas.gov/taxes/franchise/ [S3] IRS - Form SS-4, Application for Employer Identification Number: https://www.irs.gov/pub/irs-pdf/fss4.pdf [S4] IRS - Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business: https://www.irs.gov/pub/irs-pdf/f5472.pdf