New Business? Here’s How to Form an LLC in Texas

So, you’ve got a shiny new business idea that’s about to take the Lone Star State by storm, huh? 

Whether you’re running an ambiance restaurant, offering high-end consulting services, or opening a chic nail salon in Cypress, there’s one essential thing you need to do before you hang up your “Open for Business” sign: form an LLC. But don’t worry, we won’t leave you to wrestle with the legal jargon and paperwork on your own. At TheWiseBook, we’re all about simplifying the complexity, and forming an LLC in Texas is no exception. We’ll guide you through the process with some good ol’ Texan charm and just the right amount of humor to keep things light.

Why an LLC? More Than Just a Fancy Acronym

You may be asking, “Why should I bother forming an LLC in Texas?” 

Well, partner, an LLC, or Limited Liability Company, is like a sturdy, well-built cowboy hat that protects your head from the harsh sun. In business terms, it protects your personal assets – like your house, car, and prized collection of vintage boots – from any liabilities your business might incur. That’s right, forming an LLC shields your personal property from lawsuits, debts, and other financial woes. Plus, it gives you some nice tax advantages, especially as we roll into Tax Year 2024, when the IRS may start taking a closer look at small business owners’ taxes.

And, let’s face it – who doesn’t love peace of mind while chasing your entrepreneurial dreams?

Step 1: Choose Your Name and Make Sure It’s Available

Before you dive into any paperwork, it’s time to put on your thinking cap and choose the perfect name for your LLC. Think of it like naming your future Texas ranch – it’s got to stand out, be memorable, and not confuse anyone about what you do.

Once you’ve picked the name, you need to check if it’s available. No one wants to run into a situation where their dream name is already taken. You can easily check availability through the Texas Secretary of State’s website (yes, it’s online and totally user-friendly). If your name is taken, don’t sweat it; just get a little creative. Throw in a “TX” for that local touch or something unique that screams Texas.

Step 2: File the Certificate of Formation

Once your name is all set, it’s time to get official. You’ll need to file a Certificate of Formation with the Texas Secretary of State. Think of this as your LLC’s birth certificate, marking the official beginning of your business journey. This can be done online, simply because who has time for snail mail in 2024.

Step 3: Create an Operating Agreement 

Now, here’s where things get a bit tricky. You’ll want to create an Operating Agreement. 

This is an internal document that outlines how your LLC will be run. Think of it as the rulebook for your business. While Texas doesn’t legally require it, it’s always a good idea to have one, especially if you’re planning to have partners. It helps avoid any future confusion about who does what and how profits or losses are shared.

It’s like having a road map for your business, but minus the potholes. You can find templates online, or if you really want to play it safe, hire a professional to help you draft one. After all, you’re running a business in Texas, where we believe in turning big dreams into even bigger realities.

Step 4: Get an EIN (Employer Identification Number)

Alright, you’ve got your LLC, and now it’s time to get an EIN. This is like your business’s Social Security number, and it’s necessary for things like opening a business bank account, filing taxes, and even hiring employees. 

TheWiseBook’s Tip: You’ll need an EIN for a lot of official business, and it’s best to get this done early to avoid any future headaches.

Step 5: Register for State Taxes and Permits

Depending on what kind of business you’re starting, you may need to register for state taxes or get specific licenses and permits. 

For example, if you’re selling goods, you’ll need to get a Sales Tax Permit from the Texas Comptroller.

It’s always a good idea to check in with a local tax professional (that’s us, again) to make sure you’ve covered all your bases. Texas might be big, but we’re here to make the process simple, a good grab and stress-free.

The Final Touch: Comply With Ongoing Requirements

Once your LLC is formed, there are a few ongoing requirements to stay in good standing with the state. You’ll need to file an annual report, pay the franchise tax, and make sure your LLC is up to date with any required permits or licenses.

With a good cup of Texas coffee in hand, you’ve found the perfect balance.

With TheWiseBook by your side, you can form your LLC without the usual confusion and headache. We’ve got your back from start to finish, ensuring your business is legally sound, tax-friendly, and ready for success.

So, what are you waiting for? If you’re ready to get your Texas-based business up and running, reach out to us at TheWiseBook today. We’ll simplify the complexity and make sure you’re set for Tax Season 2025 and beyond.

Let’s make your dream a reality, partner.