The sequence is short:
- Choose a name and a registered agent.
- File Form 205 and pay $300. Paying by card adds a 2.7% convenience fee on the total fees, per the Form 205 instructions.
- Wait for the state to approve the filing.
- After approval, apply for an Employer Identification Number (EIN). The IRS issues it free and says to form the entity with the state before applying.
- If the business will operate under a name other than its legal LLC name, file an assumed name certificate. The Secretary of State's Form 503 instructions list a $25 fee for it.
Two things you don't need to handle. The Secretary of State says Texas has no general business license. FinCEN's beneficial ownership page states that companies formed in the United States are exempt from BOI reporting.
The steps themselves are not hard. What catches people is reaching a step before the thing it depends on exists. Examples include applying for an EIN before the state has approved the LLC, or trying to open a business bank account before having either.
Texas LLC filing facts at a glance
All sources below were read September 28, 2026.
| Item | Figure or requirement | Official source |
|---|---|---|
| Certificate of Formation (Form 205) filing fee | $300.00 | Texas Secretary of State, Form 205 instructions |
| Card payment convenience fee | 2.7% of total fees | Texas Secretary of State, Form 205 instructions |
| Online filing | Available through SOSDirect | Texas Secretary of State, formation FAQ |
| Registered agent | Required. The entity may not serve as its own agent | Texas Secretary of State, registered agent FAQ |
| Lapse in registered agent | Risks involuntary termination | Texas Secretary of State, registered agent FAQ |
| EIN | $0 from the IRS. Never pay a third party for one | IRS, Get an Employer Identification Number |
| EIN timing | After the entity is formed with the state | IRS, Get an Employer Identification Number |
| Assumed name certificate (Form 503) | $25.00 | Texas Secretary of State, Form 503 instructions |
| General business license | None in Texas | Texas Secretary of State, out-of-state entity page |
| Federal BOI reporting | US-formed companies exempt | FinCEN, Beneficial Ownership Information |
Step 1: Settle the name and the registered agent
Form 205 asks for the LLC's name and its registered agent, so both need to be decided before you start the filing.
The name is only confirmed once the state reviews and accepts the filing. Until then, treat it as provisional. Don't order signage or print materials yet.
For the registered agent, the Secretary of State's registered agent FAQ (read September 28, 2026) is explicit on two points:
- The LLC cannot be its own agent. Someone else has to fill the role, either a person or a registered agent service. The same FAQ explains who qualifies.
- The agent has to be maintained for the life of the LLC. Letting the role lapse risks involuntary termination of the entity.
Because a lapse has that consequence, the agent is a continuing responsibility, not a one-time form field.
Step 2: File Form 205 through SOSDirect
The Secretary of State's formation FAQ (read September 28, 2026) confirms that the Certificate of Formation can be filed online through SOSDirect. The Form 205 instructions (read September 28, 2026) set the filing fee at $300.00. Card payments add a 2.7% convenience fee calculated on the total fees.
If you are wondering whether SOSDirect charges a separate fee just to open an account, the Form 205 instructions and formation FAQ cited here do not state one. That detail only becomes clear when you set up the account. Check the SOSDirect sign-up screens before relying on $300 as your full cost.
Step 3: Wait for approval before anything else
The sources cited on this page do not publish a processing time, so this page states none. Approval is the trigger for everything that follows. The EIN, the assumed name filing and the bank account all depend on the LLC existing.
Step 4: Get an EIN directly from the IRS
The IRS page on getting an Employer Identification Number (read September 28, 2026) makes three points:
- The number is free.
- You should never pay a third party for it.
- The entity should be formed with the state before you apply.
Applying early is the most avoidable mistake in the whole process, because the LLC the application describes does not exist yet.
Step 5: File an assumed name certificate, if needed
If the business will trade under a name different from its legal LLC name, the Secretary of State's Form 503 instructions (read September 28, 2026) list a $25.00 fee for the assumed name certificate. An LLC operating only under its registered name does not need this step.
Step 6: Open the bank account and check what remains
With the approved formation and the EIN in hand, the pieces a bank account depends on now exist. Each bank sets its own document requirements, so confirm them with the bank directly.
The Secretary of State's out-of-state entity page (read September 28, 2026) states that Texas has no general business license. That does not settle whether a particular activity or location needs its own permit. That varies, and it is worth checking for your line of work.
On federal reporting, FinCEN's beneficial ownership page (read September 28, 2026) states that companies formed in the United States are exempt from BOI reporting. A Texas LLC has nothing to file there.
Doing it yourself versus using a formation service
For the filing itself, doing it yourself costs the state's $300, plus the 2.7% convenience fee if you pay by card. A service does not reduce that state fee.
ZenBusiness's tiers are:
- Starter: $0 plus the state fee.
- Pro: $199 per year.
- Premium: $299 per year.
On every tier, including Premium, the registered agent is a separate service at $199 per year. It is discounted to $99 for the first year when you form the LLC with them. A Starter filing with ZenBusiness and a DIY filing therefore cost the same at the state level. The difference is convenience and whatever else a paid tier adds.
The one place a service does real work is the registered agent. If you don't have a reliable person who can accept legal notices on the LLC's behalf for as long as it exists, a paid agent removes the lapse risk that the Secretary of State links to involuntary termination. If you do have such a person, the filing is straightforward enough to handle yourself.
If you want the agent handled, you can compare ZenBusiness's current LLC plans before filing. This site earns a commission on some links, including that one. That does not change the conclusion above: the filing itself is a reasonable do-it-yourself job.
Frequently asked questions
Can you file a Texas LLC online with Form 205 through the Secretary of State?
Yes. The Secretary of State's formation FAQ confirms that the Certificate of Formation (Form 205) can be filed online through SOSDirect.
What is the Texas LLC Certificate of Formation 205 filing fee, and do you need a registered agent?
The Form 205 instructions list a $300.00 filing fee, with a 2.7% convenience fee on card payments. A registered agent is required, and the registered agent FAQ states that the LLC cannot serve as its own.
Is there an SOSDirect account fee for online filing, or is the $300 the only Texas LLC fee?
The $300 is the published Form 205 filing fee. The sources cited here do not state a separate SOSDirect account fee, so confirm this on the SOSDirect sign-up screens. Card payments add 2.7%, and an optional assumed name certificate adds $25.
Do you have to pay for an EIN for a Texas LLC?
No. The IRS issues EINs free and advises never paying a third party for one. Apply only after the state has approved the LLC.
Sources
- All read September 28, 2026.
- Internal Revenue Service, “Get an employer identification number”
- Financial Crimes Enforcement Network, “Beneficial Ownership Information Reporting”
- Texas Secretary of State, “Form 205 - Instructions for Certificate of Formation - Limited Liability Company”
- Texas Secretary of State, “Registered Agent FAQs”
- Texas Secretary of State, “Form 503 - Instructions for Assumed Name Certificate”
- Texas Secretary of State, “Formation of Texas Entities FAQs”
- Texas Secretary of State, “Foreign or Out-of-State Entities”
This page is general information, not legal advice, and filing requirements vary by state and change over time.