Texas Foreign LLC – Qualification and Registration


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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

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:

  1. 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.texas-foreign-llc

  2. 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.

  3. 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.

  4. 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.

  5. 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

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. 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. 

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.

Whether you are a local or a foreign limited liability company, you need to register with the Texas Secretary of State. This is to ensure that you meet all of the legal requirements for conducting business in the state. You must register within 90 days of starting your business in Texas. It may be necessary to hire a registered agent to help you with filing business licenses, federal tax returns, and service of process.

The formation of a foreign LLC in Texas is not difficult, as long as you are able to meet the basic requirements. The main difference is that you will need to register with the Texas Secretary of State instead of the state where you live. This is because you will need a state-issued EIN, or employer identification number, which allows you to do business in Texas. You will also need to pay the statutory fee for registering your foreign limited liability company, which is $750. If you have a local business, you will likely be able to pay less than this. The application fee can be either filed online or in the mail.

The application requirements include the name of the foreign limited liability company, the date it will begin operating in Texas, and the principal office address. The application also requires a certificate of existence from the home state. If you are forming a foreign LLC, you will also need to pay the assumed name certificate fee. If you are registering a foreign LLC to do business in Texas, you will need to register for sales tax and prepare an initial franchise tax report. You can also register for a sales tax permit online.

The state of Texas is a business-friendly state, so it is no wonder that it ranks as one of the top places to start a new business. It is also one of the easiest states to set up an LLC, and the process is relatively easy to follow. In fact, the state makes it very easy to find out how to form an LLC in Texas. You can start your LLC online, which will save you the hassle of filling out paper applications.

Aside from the required state-issued documents, you will need to complete the Certificate of Formation–Limited Liability Company. You can download this file from the Secretary of State’s website or do it online through SOSDirect. You will also need to pay the appropriate filing fee. Most online applications will be processed in about two days, but you can also file for expedited service. If you choose to pay your filing fee by credit card, you will also have to pay a 2.7 percent convenience fee. You will also have to pay the Texas business privilege tax.

For more information about the formation of a foreign LLC, visit the Texas Secretary of State’s website. You can also visit the Texas Comptroller of Public Accounts website to obtain a permit for withholding sales tax. If you are a foreign Texas LLC that is involved in the sale of tangible personal property, you will need to register for a sales tax license.

F.A.Qs

What is a foreign LLC in Texas?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Texas.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

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.

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.

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