Texas LLC Costs 2026: $300 to Form + $0/yr
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
| Item | Cost/Details | Notes |
|---|---|---|
| Certificate of Formation (Form 205) | $300 | One-time formation fee |
| Public Information Report (Form 05-102) | $0 | No filing fee, due May 15 |
| Franchise Tax (revenue ≤ $2.65M) | $0 | 2026 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) | $750 | Higher than domestic |
| Late franchise/PIR report penalty | $50 | Per 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
| Service | Fee |
|---|---|
| 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 Type | Tax Rate |
|---|---|
| Retail and wholesale businesses | 0.375% |
| All other businesses | 0.75% |
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
- Access the Texas Comptroller's WebFile system
- Log in with your Texas Taxpayer ID
- If your revenue is above $2.65 million, complete the franchise tax report
- Complete the Public Information Report (Form 05-102)
- 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
| State | State Income Tax | LLC Annual Cost |
|---|---|---|
| Texas | None | $0 (revenue ≤ $2.65M) |
| California | Up to 13.3% | $800 minimum |
| New York | Up to 10.9% | $25+ annual fee |
| Florida | None (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)
| Item | Annual Cost |
|---|---|
| Franchise Tax | $0 |
| Public Information Report | $0 |
| Registered Agent (if using service) | $50-$200 |
| Total Annual | $0-$200 |
First Year Costs
| Item | Cost |
|---|---|
| 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?
What is the Texas franchise tax exemption threshold for 2026?
Do I have to file an annual report for my Texas LLC?
How is the Texas franchise tax calculated?
What happens if I don't file the Public Information Report?
Is Texas a good state to form an LLC?
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/corpImportant 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.
Related Texas LLC Articles
Texas Registered Agent Requirements 2026
Requirements for maintaining a registered agent in Texas.
Can I Be My Own Registered Agent in Texas?
Pros and cons of serving as your own TX registered agent.
Texas Foreign LLC Registration
How to register an out-of-state LLC in Texas.
Texas LLC Late Filing Penalties
Consequences of missing TX LLC filing deadlines.
Complete Texas LLC Compliance Guide
View all Texas LLC requirements, fees, and deadlines in one place.
View TX State GuideOr compare Texas to every state on the annual report deadlines hub.