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If you already have an LLC in another state and want an LLC in Texas, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Texas.
On this page, you’ll learn about the following:
Forming a Texas Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Texas, you need to register it with the Texas Secretary of State.
Step 1: Choose Texas Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Texas Secretary of State. Your LLC’s legal name outside of Texas will be listed on the application, along with the name it will use in Texas. Take note of the requirements for naming your LLC.
Check name availability at Texas’ business entity names and reserve your LLC name.
Step 2: Select Texas Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in Texas and take note that a Texas-registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
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Step 3: File Registration of Texas Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Secretary of State P.O. Box 13697 Austin, TX 78711.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in Texas.
- Date when your LLC will start operations in Texas.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in Texas, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your Texas Foreign LLC is taxed
Foreign LLCs are also subjected to the Texas Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing Texas Foreign LLC Online
Time needed: 5 minutes
To initiate your foreign business through an LLC in the State of Texas, you must first obtain the Certificate of Authority from the Texas Secretary of State office. The cost of registration is $750. After approval, you will receive a certified copy of your foreign business registration from the Secretary of State’s office. We have explained the aspects you need to cover when you apply for your business registration in Texas.
Following are the steps to register the Foreign LLC:
- Visit the official Texas Secretary of State website
Access the Official website of the Secretary of State of Texas. The Business section hosts an SOS Direct Account portal which provides an easy solution to different business filings through online mode. You must create an account on the portal to use the business filings services offered by the Secretary of State office.
- Create your Account
On the SOS Direct page, the account registration box is displayed. Enter your business name or Last and first name and hit the ‘continue’ tab. Proceed to provide all the information for the creation of your business account on the SOS portal. If you already have an account on the portal, click on the link ‘login page’ available just above the registration box.
- Start to file your application
Login to your SOS business account. Next, select “Business Organizations” from the top toolbar. Now, under the heading “Reservation*Formation*Registration Documents” choose the option of “Foreign Limited Liability Company (LLC)”. The online application form displays on your computer screen. Go through all the instructions mentioned in the form carefully and accordingly fill the application form. Do not leave any mandatory section blank.
- Review the details
Before you move ahead with your application filing, review all the information entered by you in the form to be correct and accurate to your knowledge.
- Make the payment
After you complete the application form, proceed to the payment gateway page and pay $750 as the online filing fee for your business LLC registration application. You will receive a notification from the Secretary of State office acknowledging the receipt of your application for a business certificate of formation after you successfully submit the application form on the portal.
Filing Texas Foreign LLC by Mail
If you wish to file your Texas Foreign Business LLC Certificate of Authority through the mail, you can do so easily.
- Download the Application for Registration of a Foreign Limited Liability Company PDF (Form 304) on your device.
- Read all the instructions carefully and proceed to fill in the application form accordingly.
- You must necessarily attach the Certificate of Existence along with the application form.
- Review all the details entered by you in the application form. Avoid any error in the form.
- Issue a money order or check for $750 as the filing fee payable to the Secretary of State.
- Arrange all the documents together and mail it to the following address, Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555. You can also fax your documents to the following ID, FAX: 512/463-5709.
After Forming Texas Foreign LLC
Here are added things you need to accomplish after forming your Texas Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in Texas.
F.A.Qs
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Texas.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in Texas as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
How Much Does It Cost to Register a Foreign LLC in Texas
To register as a foreign LLC in Texas, you can file through mail or online by paying a filing fee of $750 to the Texas Secretary of State.
One of the primary costs associated with registering a foreign LLC in Texas is the filing fee. The filing fee is a one-time payment that must be submitted along with the necessary paperwork to the Texas Secretary of State’s office. This fee varies depending on the type of entity being registered, the method of submission, and any additional services requested. It is essential for business owners to fully understand the filing fee structure to avoid any surprises or unexpected expenses during the registration process.
In addition to the filing fee, there are other costs to consider when registering a foreign LLC in Texas. These may include legal and professional fees for assistance with completing the necessary paperwork, annual report fees, and any required business licensing fees. It is critical for business owners to budget for these expenses to ensure that their foreign LLC complies with all legal requirements and remains in good standing with the state of Texas.
While the costs of registering a foreign LLC in Texas may seem daunting, it is important for businesses to weigh the benefits against the financial investment. Establishing a foreign LLC in Texas can provide businesses with access to a new market, expanded opportunities for growth and revenue, and increased credibility among customers and other businesses. These advantages can outweigh the initial costs of registration and position businesses for long-term success in a competitive marketplace.
Furthermore, business owners should consider the long-term financial implications of operating a foreign LLC in Texas. In addition to the initial costs of registration, there are ongoing expenses to maintain compliance with state and federal regulations. These may include annual report filings, tax obligations, and any additional licensing or compliance requirements. By understanding the full scope of the financial obligations associated with a foreign LLC in Texas, businesses can better plan and budget for the future.
In conclusion, while the costs of registering a foreign LLC in Texas may be substantial, the benefits of expansion and growth in a new market can far outweigh the initial financial investment. By thoroughly researching and understanding the costs of registration and ongoing compliance, business owners can make informed decisions that support the long-term success of their operations. As with any business decision, careful consideration and financial planning are key to ensuring a smooth and successful transition into the Texas marketplace.
In Conclusion
Starting a foreign LLC in Texas does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.