In brief
Texas creates an LLC when the Texas Secretary of State accepts the Certificate of Formation (Form 205). The state fee is $300[2]. It must name a registered agent with a Texas address.
Mainstay Filing will file it for you for $199 a year plus Texas's $300 fee, with the Texas registered agent and the Public Information Report + Franchise Tax Report included[1].
- State filing fee
- $300
- Form
- Form 205
- Filed with
- Texas Secretary of State
- Registered Agent required
- Yes
- Periodic report
- Yearly, $0
- Other states’ fees
- 46 lower, 2 higher
Updated October 29, 2026. State fees from official sources.
6 steps, in order
Texas asks for one formation filing. Everything else on this list is either done before that filing or follows from it.
- Check the name. Search the Texas Secretary of State business records for the name you want[3]. The name needs a designator such as "LLC" or "Limited Liability Company."
- Line up the registered agent. The filing lists who receives legal papers for the company. Texas allows A Texas resident, including an owner, officer or employee, or an organization registered or authorized in Texas with a business office at the registered office. The company cannot be its own agent, and the agent has to consent.[4]
- File the Certificate of Formation (Form 205). Submit it to the Texas Secretary of State with the $300 fee[2].
- Write an operating agreement. It sets out ownership and how decisions are made. It stays with the company's records and is not part of the state filing.
- Apply for an employer identification number. The IRS issues it free; it is needed to open a business bank account or hire.
- Mark the report deadline. Texas LLCs file the Public Information Report + Franchise Tax Report every year ($0)[5]. The deadline: May 15 each year[6].
What gets filed: Form 205
The formation document in Texas is the Certificate of Formation (Form 205). It is filed with the Texas Secretary of State[2].
Once the Texas Secretary of State accepts the filing, the LLC exists and its record, including the registered agent details, appears in the state's public business search.
Texas business applications, by the numbers
The Census Bureau counted 544,146 applications for new employer ID numbers tied to Texas business addresses in 2025, the 3rd most of any state. That count is up 78.3% from 305,154 in 2019.
These are IRS employer-ID applications, so they include sole proprietors and corporations as well as LLCs. Texas does not publish a comparable monthly LLC count.
Who can submit the filing
Mainstay Filing prepares and submits the Form 205 for $199 a year plus the $300 state fee, which it passes through at cost[1]. The same yearly price covers its service as registered agent, the EIN application and the Public Information Report + Franchise Tax Report each time it is due, and it does not rise at renewal.
The Texas Secretary of State accepts filings from owners directly. Its $300 fee does not change based on who submits the document.
What it costs to form an LLC in Texas
At $300, Texas's fee is above the 50-state median of $100. Among the other states, 46 states charge less and 2 charge more.
| Item | Amount | Source |
|---|---|---|
| State filing fee | $300 | [2] sos.texas.gov, updated October 29, 2026 |
| Public Information Report + Franchise Tax Report | $0 every year | [5] comptroller.texas.gov, updated October 29, 2026 |
| Filing service, Mainstay Filing | $199 a year plus state fees | [1] Mainstay Filing, updated October 29, 2026 |
| Registered agent service (if hired) | $149 a year at Mainstay Filing; $99 to $249 first year elsewhere | 5 other services' published prices, updated October 29, 2026 |
Only the state fee is required. Naming yourself or another qualified person as registered agent costs nothing in state fees.
| State | LLC filing fee | Periodic report |
|---|---|---|
| Arkansas | $45 | $150 yearly |
| Louisiana | $125 | $35 yearly |
| New Mexico | $50 | None |
| Oklahoma | $100 | $25 yearly |
Same source set as above, one statute or fee schedule per state, verified August 12, 2026.
Questions
How much does it cost to form an LLC in Texas?
The state fee is $300 for the Certificate of Formation (Form 205)[2]. After that, the Public Information Report + Franchise Tax Report costs $0 every year.
Do I need a registered agent to form an LLC in Texas?
Yes. The formation filing names one. A member or manager who lives in Texas can be the registered agent as an individual. What Texas does not allow is the company listing itself.
Can someone else handle the Texas filing?
Yes. Mainstay Filing prepares and files Texas LLCs for $199 a year plus the $300 state fee[1]. That also covers its registered agent service, the EIN application and the Public Information Report + Franchise Tax Report, at the same price each year.
Who files the formation document in Texas?
The Texas Secretary of State. Its website: www.sos.texas.gov/.
Sources
- Mainstay Filing pricing, registered agent and FAQ pages. Updated October 29, 2026.
- Tex. Bus. Orgs. Code § 3.005 (certificate of formation); LLC filing fee under Tex. Bus. Orgs. Code ch. 4, subch. D (§ 4.154 — certificate of formation, $300). www.sos.texas.gov/corp/forms/806_boc.pdf. Updated October 29, 2026.
- Texas Secretary of State. www.sos.texas.gov/. Updated October 29, 2026.
- Tex. Bus. Orgs. Code § 5.201 (registered agent and registered office); § 5.202 (statement of change); § 5.207 (agent consent). www.sos.texas.gov/corp/forms/401_boc.doc. Updated October 29, 2026.
- Texas Comptroller of Public Accounts: Public Information Report + Franchise Tax Report rules and fee. comptroller.texas.gov/taxes/franchise/forms/2026-franchise.php. Updated October 29, 2026.
- Tex. Tax Code § 171.203 (Public Information Report); Tex. Tax Code Ch. 171 (Franchise Tax); 34 Tex. Admin. Code § 3.582; Tex. Tax Code §§ 171.251–171.255 (forfeiture). statutes.capitol.texas.gov/Docs/TX/htm/TX.171.htm. Updated October 29, 2026.
- U.S. Census Bureau, Business Formation Statistics (state annual and monthly series). www.census.gov/econ/bfs/index.html. Updated October 29, 2026.