How to Start a Business in Texas in 2026
How to Start a Business in Texas in 2026
Texas is one of America's top states for small business. No state income tax, a growing population, and a business-friendly regulatory environment make it an excellent place to launch.
Here's how to start a business in Texas the right way.
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Why Texas Is Great for Business
- No state income tax, you keep more of what you earn
- Massive market, 30+ million people, multiple major metro areas (Austin, Houston, Dallas, San Antonio)
- Low cost of doing business compared to California or New York
- Strong startup culture, Austin especially has become a major tech and entrepreneurship hub
- Growing population, Texas is one of the fastest-growing states, meaning expanding customer base
The tradeoff: Texas has a franchise tax (called the Texas Margin Tax) that applies to most businesses, though small businesses often owe nothing.
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Step 1: Choose Your Business Structure
LLC is the right choice for most Texas small businesses:
- Protects personal assets from business debts
- Simple pass-through taxation (no corporate tax at the entity level)
- Easy to operate and maintain
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Step 2: Name Your Texas Business
Your Texas LLC name must:
- Be unique in Texas
- Include "LLC," "L.L.C.," or "Limited Liability Company"
- Not be deceptively similar to an existing Texas entity
Check availability: Texas SOS SOSDirectTexas SOS SOSDirecthttps://direct.sos.state.tx.us, search business name database
Reserve your name: You can reserve a name for 120 days for $40 if you're not ready to file yet.
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Step 3: File a Certificate of Formation
File online at [Texas Secretary of State SOSDirect](https://direct.sos.state.tx.us)
Filing fee: $300 (Texas has one of the higher LLC filing fees)
What you'll need:
- LLC name
- Registered agent name and Texas address
- Organizer name and address
- Management structure (member-managed or manager-managed)
Processing time: 3–5 business days standard; same-day expedited available for an additional fee
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Step 4: Appoint a Texas Registered Agent
Every Texas LLC needs a registered agent with a physical Texas address. This person receives legal documents on behalf of your business.
Options:
- Be your own agent (if you have a Texas physical address)
- Use a service like Northwest Registered Agent or Incfile ($49–$125/year)
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Step 5: Get Your EIN
Free at IRS.gov/EINIRS.gov/EINhttps://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online, 10 minutes online, instant result.
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Step 6: Understand Texas Taxes
No state income tax. Texas is one of nine states with no personal income tax. LLC pass-through income is not taxed at the state level.
Texas Franchise Tax (Margin Tax):
Texas has a franchise tax on businesses with annual revenue over the "no tax due" threshold.
- No Tax Due Threshold (2026): $2.47 million in annual revenue or less, you file a "No Tax Due" report but pay nothing
- Tax rates above threshold: 0.375% for retail/wholesale; 0.75% for other businesses
- Due: May 15 annually
For most new small businesses earning under $2.47M, the franchise tax is essentially zero, but you still must file the annual report.
Sales tax: Texas state sales tax is 6.25%. Combined with local taxes, total rate reaches up to 8.25% in most cities.
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Step 7: Get Texas Business Licenses and Permits
Texas has no single statewide business license, but you likely need:
Sales and Use Tax Permit: Required if you sell taxable goods or services. Free to register at Texas ComptrollerTexas Comptrollerhttps://comptroller.texas.gov.
City/County business license: Austin, Houston, Dallas, and San Antonio have their own local requirements. Check your city's website.
Professional licenses: Required for contractors, healthcare providers, real estate agents, cosmetologists, food service businesses, and many other professions. Check the Texas Department of Licensing and RegulationTexas Department of Licensing and Regulationhttps://www.tdlr.texas.gov.
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Total Cost to Start a Texas Business
| Expense | Cost |
|---|---|
| LLC Certificate of Formation | $300 |
| Registered agent (optional service) | $49–$125/year |
| EIN | Free |
| Sales tax permit | Free |
| Annual franchise tax report | Free (if under threshold) |
| Total to start | $300–$425 |
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Texas Business Resources
- Texas Secretary of State: sos.state.tx.ussos.state.tx.ushttps://sos.state.tx.us, LLC formation
- Texas Comptroller: comptroller.texas.govcomptroller.texas.govhttps://comptroller.texas.gov, taxes, sales tax permit
- Texas Economic Development: gov.texas.gov/businessgov.texas.gov/businesshttps://gov.texas.gov/business, incentives and resources
- SCORE Texas: Free mentoring in Austin, Houston, Dallas, San Antonio
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