Forming an LLC in Texas
An LLC (Limited Liability Company) is the most common business structure for immigrant entrepreneurs in the US. Personal asset protection, tax flexibility, and low administrative cost.
Why Texas
No state income tax — Texas charges no personal or corporate income tax Second-largest state economy in the US Large Hispanic community (>40% Hispanic population) No annual report fee — but must file franchise tax report even with $0 revenue (No Tax Due Report)
Key facts about Texas
| Item | Information |
|---|---|
| Formation fee (initial) | $300 |
| Annual fee | $0 (no annual report fee) — but franchise tax filing required if revenue > $1.23M |
| Annual report deadline | Public Information Report + Franchise Tax Report due May 15 annually |
| Accepts foreign owners | ✅ Yes (includes ITIN holders) |
| Requires Registered Agent | ✅ Yes (must have physical address in Texas) |
| Operating Agreement required | ⚠️ Not by law but highly recommended |
| Approval time | 1-3 weeks (online faster) |
Steps to form an LLC in Texas
1. Choose a name
- Must end in “LLC”, “L.L.C.”, or “Limited Liability Company”
- Unique in Texas
- Cannot include restricted words (Bank, Insurance, Attorney, etc.) without authorization
2. Designate a Registered Agent
- Resident individual in Texas or authorized service with physical address in Texas
- If you don’t have an address in Texas, hire a service: $50-$300/year (Northwest, ZenBusiness, Incfile, etc.)
3. File Articles of Organization
- Formation document registering the LLC with the state
- Fee: $300
- Filing: online (fastest), by mail, or in person
- Official platform: Texas Secretary of State
4. Create Operating Agreement
- INTERNAL document (not filed with state)
- Defines how the LLC operates: members, profit distribution, decision-making, exits
5. Get EIN (Employer Identification Number)
- LLC’s federal tax identification number
- FREE at irs.gov
- With SSN: instant online
- With ITIN: by mail (4-6 weeks) or fax (4 days)
- No SSN/ITIN: fax or mail (Form SS-4)
6. Open bank account
- Need: EIN, Operating Agreement, Articles of Organization, personal ID
- Foreign-owner friendly: Bluevine, Mercury, Relay, Wise Business, Capital One Spark
State comparison
| State | Formation Fee | Annual Fee | Privacy | Best for |
|---|---|---|---|---|
| California | $70 | $820+ | Low | Consumer market |
| Texas | $300 | $0 (depends) | Medium | No income tax + market |
| Florida | $125 | $138.75 | Low | Latin market + no tax |
| Delaware | $110 | $300 | High | Large corporations |
| Wyoming | $100 | $60 | High | Cost + privacy |
| Nevada | $425 | $550 | High | Asset protection |
Related information
Last verified: 2026-05-24. General information — always verify with Texas Secretary of State before filing.
State services and resources in Texas
Where to register your LLC in Texas
The Secretary of State office (or equivalent) of Texas handles LLC registrations. Generally accepts filings:
- Online (fastest, 1-3 days)
- By mail (4-8 weeks)
- In person (varies by state capital)
Post-formation requirements
- EIN from IRS (free, online, ~15 minutes)
- Business bank account — most require LLC docs + EIN
- State/local licenses depending on business type
- Annual Report yearly (keeps LLC active)
- Quarterly tax estimates if income > $1,000/quarter
LLC for immigrants with ITIN
- Permitted: ITIN holders can be LLC members
- Banking: business accounts with ITIN available (BlueVine, Mercury, Lili — verify policies)
- Tax filing: Schedule C on your 1040 with ITIN; Form 1065 for multi-member LLC
Common errors
- Forgetting annual report (can dissolve LLC)
- Mixing personal and LLC finances (loses limited liability protection)
- No Operating Agreement (even single-member)
- Operating in another state without registering as foreign LLC
Texas-specific resources
- Texas Secretary of State — LLC search + filings
- Texas Department of Revenue — state business taxes
- SCORE (Service Corps of Retired Executives) — free small business mentoring
- SBA (Small Business Administration) — resources and financing
Last verified: 2026-05-25.
General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.
Related procedural information
- ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
- ITIN-friendly business banking — checking accounts that open without an SSN
- USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
- State income tax obligations — business taxes vary by state
- Find an immigration attorney — for complex investor or work-visa cases tied to your LLC
Frequently asked questions
Do I need SSN to form an LLC in Texas?
How much does it cost to form an LLC in Texas?
Better to form LLC in Texas or in Wyoming/Delaware?
Does my Texas LLC pay taxes?
The rules change. Hear about it first.
Monthly digest of USCIS, IRS, and consulate fee, form, and deadline changes — no spam.
General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.