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U.S. Company Formation

How to Form an LLC in Texas: 2025 Step-by-Step Guide

How international founders can form a Texas LLC: steps, costs, EIN, registered agent, business banking and franchise tax — explained for non-U.S. residents.

2026-02-159 dk read|BizHouston Team|Updated: 2026-02-20

This article is for general informational purposes only and does not constitute legal advice. Please consult a licensed immigration attorney for visa and immigration matters.

Texas is a popular state for international founders forming a U.S. company: there is no state income tax, the cost of doing business is competitive, and Houston offers strong port and logistics infrastructure. This guide explains how a non-U.S. resident can form a Texas LLC and what to expect at each step.

Why a Texas LLC?

  • No state personal income tax
  • Competitive operating costs versus coastal states
  • Strong logistics base via the Port of Houston and major highways
  • Straightforward formation for foreign-owned LLCs

A Texas LLC can be 100% foreign-owned and does not require U.S. residency or citizenship.


Step-by-Step Formation

  1. 1Choose a company name that is available in Texas and meets naming rules.
  2. 2Appoint a registered agent with a physical Texas address to receive legal documents.
  3. 3File the Certificate of Formation with the Texas Secretary of State.
  4. 4Create an Operating Agreement defining ownership and management.
  5. 5Apply for an EIN (Employer Identification Number) from the IRS — required for banking and tax.
  6. 6Open a U.S. business bank account (many banks accept foreign owners; requirements vary).
  7. 7Set up bookkeeping and compliance with a licensed CPA.

Typical Costs

ItemApproximate Cost
State filing fee (Certificate of Formation)~$300
Registered agent (annual)$100–$300
EIN application$0 (IRS) — service fees vary
Operating Agreement / formation help$200–$800
Bookkeeping / CPA (annual)$500–$2,500

EIN and Banking for Non-Residents

You can obtain an EIN without a Social Security Number; non-residents typically apply by fax or mail (Form SS-4) and timelines vary. A U.S. business bank account makes operations and tax management far easier — some banks allow remote or in-person opening, with documentation requirements that differ by institution.


Texas Franchise Tax

Texas levies a franchise tax, but many small businesses fall under the "no tax due" threshold and only file an annual report. Thresholds and rules change, so confirm your obligations with a licensed CPA.


Frequently Asked Questions

Do I need to live in the U.S. to own a Texas LLC?

No. A Texas LLC can be fully foreign-owned without U.S. residency. You will, however, need a registered agent with a Texas address.

LLC or C-Corporation?

LLCs are flexible and simple; C-Corps may suit startups raising investment. The right choice depends on your goals — confirm with a CPA or attorney.

Does forming an LLC give me a visa?

No. Forming a company does not grant immigration status. A business may support a separate visa strategy (such as E-2), which must be assessed by a licensed immigration attorney.

Related services: U.S. Company Formation · CPA & Legal Referral

This article is general information only and is not legal or tax advice. Formation, tax and immigration requirements change and vary by situation; work with a licensed CPA and, where relevant, a licensed immigration attorney.

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