You can apply to form a Texas limited liability company (LLC) by filing a certificate of formation with the state. You'll also need to apply for permits and licenses at the state and local level. You can apply for a Texas LLCwith or without the help of an attorney, but business owners who apply for a Texas LLC must obtain a federal tax ID number from the IRS.
Create a company name. To apply for a Texas LLC, you must create a distinguishable business name unlike other entities registered with the state of Texas. As explained on the Citizen Media Law Project website, the name of a Texas LLC must include the words "limited liability company," "limited company," or the appropriate abbreviation. Call the Texas Secretary of State at (512) 463-5555, or send an email to firstname.lastname@example.org. in order to check availability of your proposed business name. You will not be able to conduct an online availability check for a proposed Texas LLC business name.
File a certificate of formation. You can apply for a Texas LLC by submitting a certificate of formation to the Texas Secretary of State's office. You can also file a certificate of formation online using the Texas Secretary of State's SOS Direct application. In other cases, you can submit a certificate of formation by faxing the documents to (512) 463-5709. Also, you can apply for a Texas LLC by downloading fill-in the blank forms from the Texas Secretary of State website. The certificate of formation may be delivered in person, or by mail. In addition to the name and location of the Texas LLC, you must include the business purpose as well as the duration for which the company will exist. As of 2010, you must pay $300 to apply for a Texas LLC, as explained on the Texas Secretary of State website.
Choose a registered agent. As stated on the Legal Zoom website, a Texas LLC must supply the name and physical address of a registered agent. Under Texas law, a registered agent must be an adult, or registered business that agrees to accept legal documents for the company. Furthermore, a Texas LLC may act as its own registered agent.
Apply for a federal tax ID number. The IRS will allow you to apply for a federal tax ID number for your Texas LLC by phone, online, fax or online. Applying for a federal tax ID number by phone or online will allow your Texas LLC to receive a federal tax ID number for immediate business use. To apply by fax or mail, download Form SS-4 on the IRS website. Texas LLCs that fax Form SS-4 may wait up to four days to receive a federal tax ID number, while mailing Form SS-4 may cause a Texas LLC to wait up to four weeks.
Register for Texas state taxes. Log on to the Texas Comptroller of Public Accounts website, also known as the Window to State Government website. The tax permits and licenses you'll need for the Texas LLC depends on the nature of the business. For example, Texas LLCs that sell goods to the public must apply for a sales and use tax permit. Complete the Texas online tax registration application located on the Texas Comptroller of Public Accounts website. Provide the Texas LLC's federal tax ID number, business type and location.
Apply for licenses and permits. The permits and licenses you need for a Texas LLC vary depending on the business. For example, a home-based Texas LLC may require nothing more than a general business license from the city or county where the business operates. In other cases, you may be required to apply for a zoning permit based on the location of the Texas LLC. Contact the city or county clerk's office where the Texas LLC operates to ensure you have all local licenses and permits.