LLC Taxes & FeesTX

Texas LLC Costs 2026: $300 to Form + $0/yr

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DR
CPA · Small Business Compliance Specialist

Quick Answer

A Texas LLC costs $300 to form (Certificate of Formation, Form 205) and $0 per year in state filing fees. There is no state income tax and no annual report fee. You do file a Public Information Report (Form 05-102) with the Texas Comptroller by May 15 each year, but it is free. For the 2026 report, the franchise (margin) tax is $0 if your annualized total revenue is $2.65 million or less — and entities under that threshold no longer file a No Tax Due Report, only the PIR.

Key Takeaways

  • No Texas state income tax on individuals or LLC pass-through income
  • $300 to form (Certificate of Formation, Form 205) — one time
  • $0 annual report fee — the Public Information Report (Form 05-102) is free
  • Franchise tax is $0 for the 2026 report if total revenue is $2.65 million or less
  • Above the threshold: 0.375% (retail/wholesale) or 0.75% (other) on taxable margin
  • Public Information Report due May 15 each year — even when no tax is owed
ItemCost/DetailsNotes
Certificate of Formation (Form 205)$300One-time formation fee
Public Information Report (Form 05-102)$0No filing fee, due May 15
Franchise Tax (revenue ≤ $2.65M)$02026 No Tax Due Threshold
Franchise Tax (retail/wholesale)0.375%On taxable margin
Franchise Tax (other businesses)0.75%On taxable margin
Foreign LLC Registration (Form 304)$750Higher than domestic
Late franchise/PIR report penalty$50Per late report, even if no tax due

LLC Formation Costs

Forming an LLC in Texas requires filing a Certificate of Formation with the Texas Secretary of State.

Certificate of Formation Filing

  • Filing fee: $300
  • Processing time: 3-5 business days (online)
  • Filing method: Online through SOSDirect or by mail
  • Expedited options: Available for additional fees

Optional Services

ServiceFee
Name Reservation$40 (120 days)
Certified Copy$1/page + $15 per certificate
Certificate of Fact (Good Standing/Existence)$15
Expedited Processing (per document)$25

Note: Texas's $300 formation fee is higher than many states. However, the low ongoing costs (no annual report fee, franchise tax exemption) make Texas affordable over time.

Texas Franchise (Margin) Tax

Texas doesn't have a traditional corporate income tax. Instead, it has a franchise tax (also called "margin tax") based on business revenue. The good news: most small businesses are exempt.

Franchise Tax Exemption

No Tax Due Threshold (2026 report)

Businesses with annualized total revenue of $2.65 million or less owe $0 Texas franchise tax. The Comptroller raises this threshold for inflation in even-numbered years — it was $2.47 million for the 2024 and 2025 reports.

Franchise Tax Rates (If Above Threshold)

Business TypeTax Rate
Retail and wholesale businesses0.375%
All other businesses0.75%

Calculating Taxable Margin

If you exceed the revenue threshold, you calculate tax on "taxable margin." Texas allows you to choose the most favorable method:

  • Total revenue minus cost of goods sold (COGS)
  • Total revenue minus compensation
  • 70% of total revenue
  • Total revenue minus $1 million

Filing Requirements

  • Due date: May 15 each year (or the next business day)
  • Extension: An extension of time to file is available on request
  • Below the threshold: Since the 2024 report year, entities at or below the No Tax Due Threshold no longer file a No Tax Due Report — but you still file the Public Information Report (see below)

Public Information Report

Texas doesn't have a traditional annual report. Instead, the Texas Comptroller requires LLCs to file a Public Information Report (PIR), Form 05-102, every year.

PIR Requirements

  • Form: 05-102, the Public Information Report (LLCs file the PIR, not the OIR)
  • Due date: May 15 each year (same as the franchise tax report)
  • Filing fee: $0 (no charge)
  • Filed with: Texas Comptroller (not the Secretary of State)
  • Required even if: Your revenue is at or below the $2.65 million No Tax Due Threshold

Information Required

  • Principal office address
  • Principal place of business in Texas
  • Registered agent and address
  • Names and addresses of officers/directors or members/managers
  • Business NAICS code

How to File

  1. Access the Texas Comptroller's WebFile system
  2. Log in with your Texas Taxpayer ID
  3. If your revenue is above $2.65 million, complete the franchise tax report
  4. Complete the Public Information Report (Form 05-102)
  5. Submit by May 15

No State Income Tax Advantage

One of Texas's biggest advantages is having no state income tax for individuals or businesses.

What This Means for LLCs

  • Pass-through taxation: LLC income passes to members without state income tax
  • No LLC income tax: Texas doesn't tax LLC business income separately
  • Federal taxes still apply: You still owe federal income tax
  • Franchise tax may apply: Only if revenue exceeds the $2.65 million (2026) threshold

For the full picture of ongoing obligations beyond taxes, see our Texas LLC compliance hub, which links every Texas filing requirement in one place.

Comparison with Other States

StateState Income TaxLLC Annual Cost
TexasNone$0 (revenue ≤ $2.65M)
CaliforniaUp to 13.3%$800 minimum
New YorkUp to 10.9%$25+ annual fee
FloridaNone (individuals)$138.75

Other Texas Business Taxes

Sales Tax

If your LLC sells taxable goods or services:

  • State rate: 6.25%
  • Local rates: Up to 2% additional (varies by city/county)
  • Maximum total: 8.25%
  • Registration: Must get Texas Sales Tax Permit

Property Tax

Texas has no state property tax, but local governments (counties, cities, school districts) levy property taxes. These can be significant for businesses with real property.

Employment Taxes

  • Texas Unemployment Tax: Required if you have employees
  • No state withholding: No state income tax to withhold
  • Federal requirements: Standard federal employment taxes apply

Total Annual Costs

Small Business (Revenue ≤ $2.65M)

ItemAnnual Cost
Franchise Tax$0
Public Information Report$0
Registered Agent (if using service)$50-$200
Total Annual$0-$200

First Year Costs

ItemCost
Certificate of Formation$300
Registered Agent (optional service)$50-$200
Franchise Tax/PIR (Year 1)$0
Total First Year$300-$500

Bottom Line: Texas is one of the most affordable states for LLC maintenance. After the initial $300 formation fee, most small businesses pay nothing in state fees or taxes. This makes Texas particularly attractive for small business owners.

To stay compliant after formation, read up on Texas registered agent requirements, what happens with Texas LLC late filing penalties, and how to handle registering an out-of-state LLC in Texas ($750).

Frequently Asked Questions

Does Texas have a state income tax for LLCs?

No, Texas has no state income tax for individuals or businesses. This is one of Texas's major advantages. Instead, Texas has a franchise tax (also called margin tax) based on business revenue, but most small businesses are exempt.

What is the Texas franchise tax exemption threshold for 2026?

For the 2026 report, the No Tax Due Threshold is $2.65 million in annualized total revenue. If your LLC is at or below that figure, you owe $0 franchise tax. The Comptroller adjusts the threshold for inflation in even-numbered years (it was $2.47 million for the 2024 and 2025 reports).

Do I have to file an annual report for my Texas LLC?

Texas doesn't have a traditional annual report. Instead, your LLC files a Public Information Report (Form 05-102) with the Texas Comptroller by May 15 each year. There's no filing fee. Note that since the 2024 report year, entities at or below the No Tax Due Threshold no longer file a separate No Tax Due Report — but the Public Information Report is still required every year.

How is the Texas franchise tax calculated?

The franchise tax is based on 'taxable margin' — a modified revenue calculation. The rate is 0.375% for retail/wholesale businesses and 0.75% for other businesses. You compute margin using the lowest of four methods: total revenue minus cost of goods sold, total revenue minus compensation, 70% of total revenue, or total revenue minus $1 million.

What happens if I don't file the Public Information Report?

Late reports carry a $50 penalty each, even if no tax is due. If the tax itself is late, the Comptroller adds 5% (1–30 days late) or 10% (over 30 days late), plus interest after 61 days. Continued failure to file leads the Secretary of State to forfeit your LLC's right to transact business in Texas. To reinstate, you must file all delinquent reports and pay any tax, penalties, and interest.

Is Texas a good state to form an LLC?

Texas is a low-cost state for ongoing LLC compliance. After the one-time $300 formation fee, the combination of no state income tax, a $0 franchise tax below $2.65 million in revenue, and a free annual Public Information Report means most small LLCs pay nothing per year in state fees.

Official Source

For the most up-to-date information, always verify requirements with the official Texas Secretary of State website:

https://www.sos.state.tx.us/corp

Important Disclaimer

This article is for informational purposes only and does not constitute legal advice. LLC requirements, fees, and deadlines change frequently. Always verify current requirements with your state's Secretary of State office before making business decisions.

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