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File LLC in Texas

 
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Category : > Library To Create An LLC In USA
Posted On : Thu Aug 11th,2016

 
A complete guide to incorporate a Limited Liability Company in the state of Texas
 

How to open an LLC in Texas?

What is a purpose to file an LLC in Texas?

 An LLC may be formed for any lawful purpose or purposes not expressly prohibited under chapter 2 of title 1 or title 3 of the BOC (Business Organizations Code).

 The limited liability company (hereinafter LLC) is neither a corporation nor a partnership; rather, it is a distinct type of entity. An LLC is governed by title 3, chapter 101 of the Texas Business Organizations Code (BOC). Title 1, chapter 3, sub-chapter A of the BOC governs the formation of an LLC and sets forth the provisions required or permitted to be contained in the certificate of formation. It is a separate entity from personal and provides protection for your personal assets.   

All Texas LLCs are required to be filed with the Texas secretary of state legally to conduct business and following is the requirement to form an LLC in Texas

  • Submit Texas LLC Name Search before filing, to ensure the name is available to avoid any delay in filing due to the rejection by the state.
    If the proposed name is not available to the Secretary of State, You may have to get the consent from the company using your proposed name to use the same name.
  • You can also Reserve Texas LLC Name, if you are not ready to register it now.
  • The Texas Certificate of Formation Limited Liability Company should be filed with the state of Texas.
  • Members' information, including name and address.
  • Social Security Number of at least one member is required to apply for the employer identification number (Not applicable for a non US resident).
  • Physical Business address  (PO Box is not acceptable).
  • Business description, it can be used for any legal purposes described under the State Law.
  • TX LLC can be incorporated with one member only.
  • Texas LLC can be Registered as a member managed or manager managed.
  • A Texas Registered Agent Address is required and a member of the TX LLC can serve a registered agent instead of retaining a third party to serve a TX registered agent. Registered agent can either be an individual or an entity. An LLC is required to maintain a registered agent and a registered office address in Texas. If the registered agent or registered office address changes, it is important to file a statement with the secretary of state to effect a change to the certificate of formation. Failure to maintain a registered agent and registered office may result in the involuntary termination of the LLC.
  • Certificate of formation becomes effective when filed by the secretary of state.
  • Only one organizer is required for the formation of an LLC. An organizer may be any person having the capacity to contract for the person or for another; that is, a natural person 18 years of age or older, or a corporation or other legal entity. There are no residency requirements for an organizer.
  • Texas LLC exists perpetually unless provided otherwise in the certificate of formation.
  • The franchise tax report should be filed with the state every year to maintain the Texas LLC in good standing status or avoid dissolution by the state.
  • The Texas Articles of Amendment must be filed if there is any change in the business name or members of the LLC.
  • Please note that a document on file with the secretary of state is a public record that is subject to public access and disclosure. When providing address information for a manager or member, use a business or post office box address rather than a residence address if privacy concerns are an issue.
  • We have customized online form to file 24/7.

 What is the state of Texas processing time to file an LLC?

State of Texas normally takes 1-2 business days to file LLC.  

How to open an LLC in TX as a Non US Resident?

A Non US Resident can start an LLC in the State of Texas, without having a social security number with the Texas Secretary of State.

Opening Business Bank Account in Texas for a new LLC

You should open a business account to maintain your business activities.

Workers Compensation and Disability Insurance

You may need  to maintain the medical insurances for your employees (if applicable). You can visit to Texas Department of Insurance website to read the requirement to obtain workers' compensation for your employee(s).

Texas employers who do not carry workers' compensation insurance coverage are required to report their non-coverage status and work-related injuries and occupational diseases to the Division of Workers' Compensation (DWC). Employers who do carry workers' compensation insurance coverage are required to report all known occupational disease and any work-related injuries that result in more than one day of lost time. Employers that fail to meet these requirements commit an administrative violation and may be subject to administrative penalties.

Filing Taxes in Texas

All single member or multi-members LLCs are required to file taxes with the Internal Revenue. State taxes are not applicable in the state of Texas You can also file LLC taxes as a Corporation or an S Corporation and you have to file an election with the IRS and the state (if applicable) for approval. It can be filed as a Sole Proprietorship or Partnership Returns.

 Basic Tax Filings in Texas

  •  Yearly Filing Form 1040 or Form 1065.
  • Yearly Franchise Tax Report-  Your LLC will be an admin or permanently dissolved by the State, if you do not file the franchise tax report on time.
  • Sales Tax Returns must be filed on time, if selling taxable products or services. Make your you have obtained a Sales and Use Tax Permit from the Texas Department of Avenue. You can use it to collect sales tax from the  end user or if purchasing items either to manufacture or resell.
  • You have to contact to Texas Workforce Commission, if planning to hire emploee(s) for the registration.

Create a Non Profit Limited Liability Company in Texas

   

  • The state of Texas allows a nonprofit organization to structure as an LLC.
  • You cannot add an extension LLC with a Non profit LLC in the state of Texas.
  • A profit Limited Liability Company cannot function as a nonprofit LLC in Texas.
  • A non profit Limited Liability Company will not have an automated exempt tax free status.
  • You have to apply for a 501c (3) with the Internal Revenue Service to allow your non profit LLC, operate a tax free organization for the tax purpose.
  • The Texas non profit Limited Liability Company will be subject to the same filing fee as a profit Limited Liability Company.

 What is the age limit to open a Limited Liability Company in Texas?

  • The state of Texas does not impose any age limit to be a part of a corporation or Limited Liability Company, to list as an officer, member or owner of the company.
  • A person can be either 18 or younger to have ownership in the company.
  • You may have age limitation issues to get licenses, such as a liquor license.

Entities Comparison in Texas

  • A Corporation, Limited Liability Company or Limited Partnership is created by filing a certification of formation with the secretary of state.
  • The corporation is owned by an officer, Limited Liability Company operates or manages under a member or appoint a manager to manage Limited Liability Company and Limited partnership is opened with one or more general partners.
  • All these different entity structures protect its owners from personal liability for the debts and obligations of the entity and may offer tax advantages.
  • Sole proprietorships and general partnerships usually do not provide a shield to its owners or partners from personal liability for the debts and obligations.
  • Similarities, Any of these entities can be registered with one owner, officer, member  or partner only.

Filing franchise tax report

Every entity is registered in the state of Texas is required to file franchise reports to retain the company.

  

Nashib Umer (President & CEO of InfoTaxSquare.com)

Masters in Accounting (Studied from Karachi University and Louisiana State University)


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