How to Start a Business in Texas: A Step-by-Step Guide for LLCs and Corporations
May 21, 2025Arnold L.
How to Start a Business in Texas: A Step-by-Step Guide for LLCs and Corporations
Texas remains one of the most attractive states in the country for entrepreneurs. The state offers a large customer base, a strong labor market, and no personal state income tax. For many founders, that combination makes Texas a practical place to launch a new company.
Still, a good business idea is only the starting point. If you want to build a company that can grow, borrow, hire, and stay in good standing, you need to choose the right entity, file the right documents, separate your finances, and keep up with state and local compliance.
This guide walks through the steps to start a business in Texas the right way.
1. Decide How You Want to Operate
Before filing anything, decide how you want the business to exist legally.
If you begin selling goods or services without forming an entity, you are typically operating as a sole proprietor. If you and another person start doing business together without filing formation documents, you may be operating as a general partnership. These structures are simple to start, but they do not create a legal separation between you and the business.
That separation matters. Without it, business debts and claims can reach your personal assets.
If your goal is to create a more formal business with liability protection and clearer ownership rules, most founders consider one of these two entities:
- A limited liability company, or LLC
- A corporation
2. Choose the Right Entity Type
The right structure depends on how you plan to operate, who owns the company, and how much formality you are comfortable managing.
Texas LLC
A Texas LLC is one of the most popular choices for small and mid-sized businesses.
An LLC is flexible and relatively simple to maintain. By default, it is usually treated as a pass-through entity for tax purposes, which means profits and losses generally flow through to the owners. Depending on the business’s needs, an LLC can also elect to be taxed differently.
LLCs are often a good fit for:
- Solo founders who want liability protection
- Family businesses
- Professional service firms
- Real estate holding companies
- Small teams that want flexible management
A Texas LLC can be member-managed or manager-managed, which gives founders flexibility in how the business operates.
Texas Corporation
A corporation is usually the better choice when a business expects outside investors, plans to issue stock, or wants a more traditional governance structure.
Corporations have shareholders, directors, and officers. That structure is more formal than an LLC, but it can be useful when the business needs a clear framework for ownership and management.
A corporation may be a better fit for:
- Companies planning to raise capital
- Businesses with multiple investors
- Founders who want a formal board structure
- Businesses that may eventually scale into a larger enterprise
Sole Proprietorship or Partnership
A sole proprietorship or general partnership can be easier to start, but those structures do not provide the same separation between the business and the owner.
They may make sense for very small, low-risk activities, but they are usually not the best long-term choice if the business will sign contracts, hire employees, or carry meaningful risk.
3. Pick a Business Name
Your business name is one of the first decisions that affects both branding and compliance.
If you form an LLC or corporation in Texas, the legal name must be distinguishable from existing Texas entities and must comply with state naming rules. The name also cannot falsely imply that the business is affiliated with a government agency or engaged in an activity it is not authorized to perform.
Before you commit to a name, check that it is available.
You should also consider the public-facing name your business will use. If you operate under a different name than the legal entity name, you may need to file an assumed name, often called a DBA.
A strong business name should be:
- Easy to remember
- Easy to spell
- Available as a domain name
- Clear enough for customers to understand what you do
4. File the Formation Documents
If you choose an LLC or corporation, the business does not officially exist until you file the required formation document with the Texas Secretary of State.
For an LLC, this is typically the Certificate of Formation.
For a corporation, you file the equivalent formation paperwork for that entity type.
Formation documents usually include information such as:
- The legal name of the entity
- The registered agent and registered office
- The management structure
- The organizer or incorporator
- The business purpose or general authority to operate
Texas currently charges a filing fee for formation, and the LLC Certificate of Formation fee is $300.
Once the filing is accepted, your business is officially organized under Texas law.
5. Appoint a Registered Agent
A Texas LLC or corporation must have a registered agent and registered office.
The registered agent is the person or entity designated to receive legal documents and official notices on behalf of the company. This is not just a formality. If the business is ever sued or receives a government notice, the registered agent is the point of contact.
Choose someone who can:
- Be reliably available during normal business hours
- Receive important documents promptly
- Keep the business compliant with notice requirements
Many owners choose a professional registered agent service because it helps protect privacy and reduces the chance of missing critical mail.
6. Create Your Internal Records
After filing formation documents, you should create the internal records that support the company’s legal structure.
For an LLC, that usually means drafting an operating agreement.
For a corporation, that means adopting bylaws, issuing stock, and documenting initial organizational actions.
Internal records help define ownership, management authority, voting rights, and profit distribution. They also help show banks, investors, and third parties that the company is being run as a separate legal entity.
Good internal records usually include:
- Operating agreement or bylaws
- Ownership records
- Initial meeting minutes or written consents
- Resolutions for opening bank accounts or approving key actions
- Recordkeeping procedures for future decisions
These documents may not always be filed with the state, but they matter for compliance and dispute prevention.
7. Get an EIN and Open a Business Bank Account
Once the entity exists, most businesses should apply for an Employer Identification Number, or EIN, from the IRS.
You will usually need an EIN to:
- Open a business bank account
- Hire employees
- File certain tax returns
- Work with vendors and payment processors
After you obtain the EIN, open a separate business bank account. Do not mix business and personal funds.
That separation is one of the simplest and most important habits for preserving the liability protection of an LLC or corporation.
You should also set up bookkeeping early. Even if the business is small, clean records make tax filing, profit tracking, and financial planning much easier.
8. Handle Texas Taxes and Permits
Texas does not have a personal state income tax, but that does not mean the business is free from tax obligations.
Depending on what you sell and how you operate, you may need to register for state and local taxes, obtain permits, and file recurring reports.
Sales and Use Tax Permit
If your business sells taxable goods or services, leases or rents tangible personal property, or sells taxable items to Texas customers from an out-of-state business that meets Texas revenue requirements, you may need a Texas sales and use tax permit.
A sales tax permit is also important because it allows the business to collect and remit sales tax properly.
Local Licenses and Industry Permits
Texas does not use a single universal business license for every company. Instead, licenses and permits depend on:
- Your city or county
- Your industry
- Whether you provide professional services
- Whether you handle regulated goods or activities
Examples include health-related permits, food service approvals, construction-related licenses, and other local registrations.
Before launch, check state, county, and city requirements so you do not discover a missing permit after you have already started operating.
Payroll and Employment Taxes
If you hire employees, you will need to handle payroll tax obligations and employment-related registrations.
That can include federal withholding, unemployment insurance, and other employer reporting requirements.
9. Understand Texas Franchise Tax
Most Texas entities need to pay attention to franchise tax compliance.
The Texas franchise tax is a privilege tax imposed on taxable entities formed in Texas or doing business in Texas.
The annual franchise tax report is generally due on May 15 each year. If May 15 falls on a weekend or holiday, the due date moves to the next business day.
A few compliance points matter here:
- Filing rules can change by report year
- The no tax due threshold changes over time
- Even when no tax is due, an information report may still be required
- Missing the deadline can lead to penalties, interest, and account problems
For recent report years, entities at or below the no tax due threshold generally do not file a franchise tax report, but they still must file the required information report.
The practical takeaway is simple: do not assume Texas franchise tax can be ignored just because the business is small.
Set reminders early, and keep your Comptroller filings on a recurring compliance calendar.
10. Put Insurance in Place
Liability protection from an LLC or corporation is helpful, but it does not replace insurance.
The right policy mix depends on the business, but common coverage includes:
- General liability insurance
- Professional liability insurance
- Commercial property insurance
- Cyber liability insurance
- Commercial auto coverage, if needed
If you have employees, consider workers’ compensation coverage based on your risk profile and industry.
Insurance is often the difference between a manageable setback and a serious financial loss.
11. Build a Launch-Ready Business Presence
Once the legal and tax foundation is set, focus on the systems that make the business usable by customers.
That usually means:
- A website with clear contact information
- A business email address
- A domain name that matches the brand
- A phone number that routes professionally
- Contracts, terms, and policies
- A simple customer intake or sales process
If people cannot understand who you are, what you do, and how to buy from you, the business will struggle no matter how good the legal setup is.
12. Avoid the Most Common Mistakes
New Texas founders often make a few avoidable mistakes:
- Choosing a business structure without understanding liability and tax tradeoffs
- Filing formation documents but never creating internal records
- Mixing personal and business money
- Forgetting to register for sales tax or industry permits
- Missing franchise tax deadlines
- Assuming a small business does not need formal compliance
- Launching before checking local city or county requirements
Each of these mistakes is easy to prevent with a checklist and a little planning.
13. How Zenind Can Help
Starting a business is easier when the filing and compliance work is organized from the beginning.
Zenind helps founders move through formation and ongoing business maintenance with a streamlined process for:
- Texas entity formation
- Registered agent support
- Compliance reminders
- Filing assistance for ongoing obligations
For busy founders, that support can reduce administrative friction and help keep the business focused on growth instead of paperwork.
14. Final Checklist Before You Launch
Use this quick checklist before you start operating:
- Choose the right entity type
- Confirm your business name is available
- File the formation document
- Appoint a registered agent
- Draft internal governing documents
- Get an EIN
- Open a business bank account
- Register for sales tax or other required permits
- Set up bookkeeping
- Confirm franchise tax and information report obligations
- Review insurance coverage
- Build your website and customer-facing materials
Conclusion
Starting a business in Texas is straightforward when you treat it as a process rather than a single filing.
The strongest businesses start with the right entity, clean documentation, separated finances, and a plan for taxes and permits. If you handle those pieces early, you create a much better foundation for growth.
Whether you are launching a solo service business, a family-owned LLC, or a corporation built for scale, the key is to form correctly and stay compliant from day one.
No questions available. Please check back later.