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Guide: Texas, from abroad
Updated October 25, 2026
The Texas Secretary of State answers the citizenship question on its own FAQ: no, Texas law does not restrict who can form or own a business entity. The state charges $300 to file and expects a franchise tax report every May.
Texas Secretary of State fee schedule and Texas Comptroller, read Oct 14, 2026. See source
Read from Form 806, the Secretary of State's fee schedule revised 09/26, and the Comptroller's franchise tax page on October 14, 2026.
| Item | Fee | What the state says |
|---|---|---|
| Certificate of formation, Texas LLC (Form 205)1 | $300 | The same fee covers Forms 201, 203, 205 and 206 |
| Registered agent at formation2 | No separate fee listed | The agent is named in the certificate of formation; consent must be in written or electronic form |
| Consent of registered agent (Form 401-A), if filed1 | $15 | Optional filing of the agent's consent |
| Change of registered agent or office (Form 401)1 | $15 | Resignation of the agent is $0 |
| Name reservation (120 days)1 | $40 | Optional |
| Certificate of fact or status1 | $15 | Certified copies $1 a page plus $15 per certificate |
| Expedited processing1 | $50 standard, $500 next day, $750 same day | Per document |
| Franchise tax report4 | $0 tax at or below $2,650,000 of revenue (2026 and 2027) | Due May 15; the Public Information Report is still filed; $50 penalty per late report |
| Certificate of termination (Form 651)1 | $40 | To close the LLC |
| Foreign entity registration, for reference1 | $750 | What an LLC formed elsewhere pays to register in Texas, plus a late fee per year unregistered after 90 days |
| Source | Texas Secretary of State, Form 806 fee scheduleRead Oct 14, 2026 | Texas Secretary of State FAQs and Texas Comptroller, Franchise TaxRead Oct 14, 2026 |
The Secretary of State's formation FAQ asks: "Do you have to be a U.S. citizen, U.S. resident, or a Texas resident to form and/or own a business entity in Texas?" Its answer: "No. Texas law does not restrict who can form or have an ownership interest in a business entity, other than requiring the organizer to be a person capable of entering into a contract. An entity may impose residency or citizenship requirements in its certificate of formation or other governing documents, if desired."2
On the structure page, "the owners of an LLC are called 'members.' A member can be an individual, partnership, corporation, trust, and any other legal or commercial entity"3. The certificate of formation has to state whether the LLC is managed by its members or by managers; the Secretary of State says it cannot help with that choice2. Certificates can be filed online through SOSPortal 24 hours a day2.
"A registered agent is an individual Texas resident or a domestic entity, or a foreign entity that has qualified or registered to transact business in Texas who is responsible for receiving and forwarding service of process or official notices addressed to an entity." Since January 1, 2010 the agent "must have consented in a written or electronic form"2.
"An entity's registered office must be a physical address in Texas where the registered agent can be personally served with process during business hours. It cannot solely be the address of a mailbox service or telephone answering service." The secretary of state cannot serve as the agent2. An owner abroad who is not a Texas resident therefore names a Texas entity or an individual resident. The fee schedule lists no charge for the designation itself; filing the agent's consent (Form 401-A) is $15 and a later change is $151.
The franchise tax "is a privilege tax imposed on each taxable entity formed or organized in Texas or doing business in Texas"4. The annual report is due May 15, or the next business day when May 15 falls on a weekend or holiday4. For report years 2026 and 2027 the No Tax Due Threshold is $2,650,000 of revenue, the rate 0.375% for retail or wholesale and 0.75% for other businesses4.
Below the threshold there is still a filing: the Comptroller's notices say that an entity at or below the threshold "simply" files its Public Information Report or Ownership Report for the year4. A $50 penalty is assessed on each report filed after the due date, with 5 percent on tax paid 1 to 30 days late and 10 percent after that4. The first report after formation falls in the following calendar year; see start an LLC before January or after?.
Tiers from each provider's own page; the last column is our arithmetic: the Texas filing fee ($300) plus the entry tier plus the provider's own registered agent price where its page states one. A dash means the page does not state it.
| Service | Entry tier | Middle tier | Highest tier | Registered agent | First year in Texas, our arithmetic |
|---|---|---|---|---|---|
| LegalZoom5Get a quote | Basic $0 plus state fees | Pro $249 (operating agreement, EIN, 30 days of attorney calls, then $49 a month) | Premium $299 (Pro plus bookkeeping, $9.99 a month after 6 months) | $249 a year, sold separately | $549 ($300 + $0 + $249) |
| Inc Authority6Get a quote | $0 plus state fees (EIN, first-year agent, 24-hour processing listed as included) | Not stated by the source | Not stated by the source | First year included; the price after is not shown | $300 ($300 + $0 + $0 in year one) |
| Tailor Brands7Get a quote | Lite $0 a year plus state fees (14-business-day processing) | Essential $199 a year (1-business-day processing, operating agreement, EIN) | Elite $249 a year (adds domain, website builder, logos) | Not stated by the source | $300 before an agent; its pricing page states no agent price |
| doola8Get a quote | Starter $297 a year plus state fees (filing, EIN, operating agreement, agent, US address) | Tax and Compliance $1,999 a year | Business-in-a-Box $2,999 a year | Included in Starter | $597 ($300 + $297, agent inside) |
| MyCompanyWorks9Get a quote | Basic $79 (articles filed, operating agreement, minutes) | Entrepreneur $199 (adds EIN, agent, forms guide) | Complete $279 (adds annual report service) | $119 a year; included from Entrepreneur | $498 ($300 + $79 + $119) |
| Zenind10Get a quote | Basic, from $0 (filing in 7 days) | Standard (adds EIN preparation, operating agreement, minutes; 3 days); price not shown when read | Premium (adds annual report service, account manager; 1 business day); price not shown when read | $99 a year, added to any package | $399 ($300 + $0 + $99) |
| Harbor Compliance13Get a quote | From $99 plus state fees | Not stated by the source | Not stated by the source | $99 first year, renews at $159 | from $498 ($300 + $99 + $99) |
| ZenBusiness15See pricesOpens ZenBusiness's site. Not a referral link. | From $0 plus state fees | Not stated by the source | Not stated by the source | $99 plus state fees first year, renews at $199 | $399 ($300 + $0 + $99) |
| Bizee17Get a quote | Basic $0 plus state fee | Standard $199 | Premium $299 | First year included with formation; $149 a year standalone | $300 ($300 + $0 + $0 in year one) |
| Source | Each provider's own formation page; read dates in the noteRead Oct 14, 2026 | Each provider's own formation pageRead Oct 14, 2026 | Each provider's own formation pageRead Oct 14, 2026 | Each provider's own registered agent page, read Oct 14, 2026Read Oct 14, 2026 | Our arithmetic from the cells to the left and the state's fee pageRead Oct 14, 2026 |
State fee1; packages5678910131517; agent prices111416181920. Package pages read: LegalZoom and doola October 7, MyCompanyWorks October 8, Tailor Brands October 12, Harbor Compliance October 13, ZenBusiness October 2, Bizee October 20, Inc Authority October 14, 2026; the others were checked again October 15, 2026. Zenind's pricing page shows "starting at $0" but did not render its Standard and Premium prices on October 14 or 15, so those cells carry no price. Renewal prices apply from year two.
Texas creates the LLC; the IRS issues the EIN, and it is free. The online tool is only for a business with a principal place of business in the US and a responsible party with an SSN or ITIN21. From abroad, call 267-941-1099 (Monday to Friday, 6 a.m. to 11 p.m. Eastern) or fax Form SS-4 to 304-707-9471; a fax reply takes about 4 business days, mail about 4 weeks22. A nonresident alien with no effectively connected US income enters "N/A" where the form asks for an SSN or ITIN23. See EIN without an SSN.
FinCEN's final rule, effective August 14, 2026, exempts entities created in the United States from beneficial ownership reporting; a Texas LLC is created in the United States even when its owner lives abroad. Companies formed under foreign law that register to do business in a US state remain reporting companies unless exempt, and there is no fee to file with FinCEN24. The whole route is on US LLC for non-residents.
Good for founders outside the US who want the agent, EIN and a US address in one yearly fee
Good for formation from $99 with the agent at $99 for the first year
Also on Harbor Compliance's site
Good for a $0 Lite plan when 14 business days is fine
Also on Tailor Brands's site
Good for founders abroad who want the EIN application prepared inside a one-time package
Also on Zenind's site
Good for a $0 service charge with the first year of registered agent included
Good for a one-time package with the operating agreement in every tier
Good for a guided filing; Pro adds the operating agreement, EIN and attorney time
Good for a $0 start with the agent at $99 for the first year
Also on ZenBusiness's site
Good for a one-time-payment package with the first year of registered agent included
Also on Bizee's site
No, in the Secretary of State's own words; the only requirement it names is that the organizer can enter into a contract2.
Not unless you are an individual Texas resident or an entity registered in Texas with a physical Texas address2. The services above list Texas coverage.
For 2026 and 2027 no tax is due at or below $2,650,000 of revenue, but the Public Information Report is still filed by May 154.
The Form 806 fee schedule lists no annual report fee for an LLC; the yearly obligation is the Comptroller's franchise tax report14.
No. The state pages are linked in the sources; for your own situation, talk to a tax professional or attorney you choose.
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FormationFile is not a law firm, accountant, insurer or broker, and nothing here is legal, tax or insurance advice. We do not file anything for you and do not refer you to lawyers.
Prices and state fees are what the named source published on the date we read it. The state's own filing office and the provider's own page are the final word on fees and terms.