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If you have an LLC in Texas<\/a> and want to expand your business beyond Texas, you must form a foreign LLC. Any business, especially a limited liability company<\/a>, located in other states, starts its operation in Texas, must file a foreign LLC in Texas. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Texas government.<\/p>\n In this article, you’ll be reading about how to start a foreign LLC in Texas<\/a>. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Texas after you form it.<\/p>\n Forming a Foreign LLC in Texas<\/a>Filing Texas Foreign LLC Online – Quick Recap<\/a>After Forming Texas Foreign LLC<\/a>FAQs<\/a><\/div>\n A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Texas, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.<\/p>\n Anyone who has an active and in good standing LLC anywhere (except for Texas) and wants to expand their operations in Texas can file their LLC as a foreign entity. To start a foreign LLC in Texas, you need to register it with the Texas Secretary of State<\/a>. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Texas for registering a foreign LLC<\/a>.<\/p>\n Note:<\/strong> These are generic steps to file a foreign LLC in Texas. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy<\/a> Team<\/p>\n Before you proceed to register your LLC in Texas as a foreign entity, you must get the Certificate of Fact – Status issued from your home state SOS. This is an important document to register an LLC in a foreign state.<\/p>\n If your LLC is originally registered in Texas, then you must obtain the Certificate of Fact – Status from Texas Secretary of State<\/a>. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Texas must get this document to register a foreign LLC in Texas.<\/p>\n Filing Certificate of Fact – Status<\/strong>: To obtain the Certificate of Status – Fact in Texas, you need to log in to the SOSDirect<\/a> with your credentials. Once you are on your dashboard, you must choose the Business Organization option from the menu bar. Finally, in the next step, select Order Certificate of Status to purchase the document. Follow the page instructions afterward to make the payment and order your document.<\/p>\n Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Texas Secretary of State. Your LLC\u2019s 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<\/a>.<\/p>\n You can use the same name as your domestic LLC name, however, that name should be available in Texas to use. Check name availability at Texas’s business entity names<\/a> and reserve your LLC name. There are a bunch of LLC naming guidelines in Texas<\/a> when it comes to forming a foreign LLC. Check the guidelines before you name your business.<\/p>\n A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Texas, you must have a registered agent from Texas only. No matter where your domestic LLC is located, you must hire a registered agent from Texas for your foreign LLC.<\/p>\n You\u2019ll need a registered agent<\/a> to form a foreign LLC in Texas and take note that the Texas Registered Agent<\/a> must have a local address. Here are the best LLC services<\/a> on our list that will provide you with registered agents to ease your worries:<\/p>\n Output for wptb id 44275 (used on ~332 pages): LLC service comparison. 5.0<\/span>\n<\/div>\n<\/div>\n Start My LLC<\/a>\n<\/div>\n<\/div>\n 4.5<\/span>\n<\/div>\n<\/div>\n Get Started<\/a>\n<\/div>\n<\/div>\n<\/div>\n The most important step is to send the application for registration with Texas SOS. Download the PDF form from the Texas Secretary of State<\/a> website or file it online (whichever method is available). The form must be filled out with the following details:<\/p>\n LLC\u2019s full legal name.<\/p>\n<\/li>\n A fictitious name or a DBA<\/a> (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.<\/p>\n DBA filing method in Texas: two methods, by mail and in person.<\/p>\n<\/li>\n Online: There is no online filing available<\/p>\n<\/li>\n Offline: For filing offline in Texas, you must send the accomplished DBA filing form to the County Clerk’s Office where your business is located. The mailing address and drop-off location will vary depending on the specific county.<\/p>\n<\/li>\n DBA filing fee in Texas: varies by county<\/p>\n<\/li>\n<\/ul>\n<\/li>\n LLC\u2019s principal office and mailing addresses<\/p>\n<\/li>\n LLC formation state and date.<\/p>\n<\/li>\n Registered agent\u2019s name and address in Texas.<\/p>\n<\/li>\n Date when your LLC will start operations in Texas.<\/p>\n<\/li>\n Credit card information is on the last page of the form for the application fee.<\/p>\n<\/li>\n<\/ul>\n The online process of filing a Texas foreign LLC is comparatively easy. You need to Sign in to SOS Direct<\/a> portal to find the foreign LLC registration form. If not registered yet, you must create an account with the SOS Direct portal to continue filing the foreign LLC registration form. After successfully filling up the form, submit it online along with supportive documents from existing LLCs in another state (if required).<\/p>\n For the offline filing of a Texas foreign LLC, the LLC owner must get the Foreign LLC Registration Form<\/a>. This can be downloaded, filled up, and submitted to the SOS office in Texas. The form can be sent by mail or in person by visiting the Secretary of State’s office at Secretary of State, P.O. Box 13697, Austin, TX 78711-3697.<\/p>\n Foreign LLC Registration Fee in Texas<\/strong>: The cost of establishing a foreign LLC in texas is $750. An additional 2.7% cost is added to the filing fee if you are paying using a credit card. This is a credit card transaction fee that is being levied on the fee.<\/p>\n The LLC cost in Texas<\/a>, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Texas’s domestic and foreign LLCs<\/a>.<\/p>\n Foreign LLCs are also subjected to the Texas Business Privilege Tax and must file LLC annual reports<\/a> each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Texas for a foreign LLC separately as it is issued from the IRS.<\/p>\n For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation<\/a>‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Texas. However, it is recommended to check with the Texas Secretary of State<\/a> for state-wise taxes.<\/p>\n 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.<\/p>\n Get the Certificate of Fact – Status from your home state where your LLC is originally registered<\/p>\n<\/li>\n Check if the name of your LLC is available in Texas to use for your foreign LLC. If not, file DBA name with Texas SOS.<\/p>\n<\/li>\n Get a registered agent in Texas to represent your foreign LLC in Texas. Recommended, professional help instead of being your own registered agent.<\/p>\n<\/li>\n File the Application of Foreign LLC with the Texas Secretary of State<\/a> following the mentioned method(s) above.<\/p>\n<\/li>\n Make the processing fee.<\/p>\n<\/li>\n<\/ol>\n According to the Corporate Transparency Act<\/a>, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN)<\/a>. Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Texas with the FinCEN.<\/p>\n Here are added things you need to accomplish after forming your Texas Foreign LLC<\/p>\n Obtain Business Licenses. Find the business licenses you\u2019ll need using the Business License Search<\/a>. You can contact the license office at Texas Secretary of State.<\/p>\n<\/li>\n File LLC annual reports<\/a> and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Texas. Here’s everything about Texas LLC Annual Reports<\/a>.<\/p>\n<\/li>\n Pay State Taxes like sales tax<\/a>; you\u2019ll need an EIN for your LLC<\/a>.<\/p>\n<\/li>\n<\/ol>\n Forming a foreign LLC in Texas allows a business to operate legally in the state without having to create a new entity.<\/p>\n<\/div>\n<\/details>\n If your LLC conducts business in Texas, you are required to register as a foreign LLC.<\/p>\n<\/div>\n<\/details>\n To register a foreign LLC in Texas, you will need to file an application for registration with the Secretary of State.<\/p>\n<\/div>\n<\/details>\n No, it is illegal to conduct business in Texas without registering as a foreign LLC if your LLC is based out of state.<\/p>\n<\/div>\n<\/details>\n The registration fee for forming a foreign LLC in Texas is $750.<\/p>\n<\/div>\n<\/details>\n You can check the availability of your LLC’s name in Texas by searching the state’s business entity database.<\/p>\n<\/div>\n<\/details>\n Yes, you are required to have a registered agent in Texas for your foreign LLC.<\/p>\n<\/div>\n<\/details>\n No, you must provide a physical street address for your registered agent in Texas.<\/p>\n<\/div>\n<\/details>\n The processing time for registering a foreign LLC in Texas is typically 2-3 weeks.<\/p>\n<\/div>\n<\/details>\n You will need to file a Certificate of Formation and an Application for Registration to register a foreign LLC in Texas.<\/p>\n<\/div>\n<\/details>\n Yes, you can file the registration documents for your foreign LLC in Texas online through the Secretary of State’s website.<\/p>\n<\/div>\n<\/details>\n Yes, you will need to provide a Texas address for your LLC in the registration documents.<\/p>\n<\/div>\n<\/details>\n Yes, foreign LLCs in Texas are required to file an annual report and pay a yearly fee.<\/p>\n<\/div>\n<\/details>\n Yes, you have the option to convert your out-of-state LLC to a Texas LLC rather than registering as a foreign LLC.<\/p>\n<\/div>\n<\/details>\n Foreign LLCs in Texas are subject to Texas franchise tax and any applicable federal taxes.<\/p>\n<\/div>\n<\/details>\n A foreign LLC can operate in any part of Texas as long as it is authorized to do so through its registration.<\/p>\n<\/div>\n<\/details>\n Yes, you can use a DBA name for your foreign LLC in Texas, as long as it is registered with the state.<\/p>\n<\/div>\n<\/details>\n Yes, foreign LLCs in Texas are required to file annual reports and pay the associated fee.<\/p>\n<\/div>\n<\/details>\n Yes, you can voluntarily dissolve your foreign LLC in Texas by filing the necessary paperwork with the Secretary of State.<\/p>\n<\/div>\n<\/details>\n Yes, you will need a Texas tax ID number to pay state taxes for your foreign LLC.<\/p>\n<\/div>\n<\/details>\n Foreign LLCs in Texas must follow the state’s naming guidelines, including not using certain restricted words.<\/p>\n<\/div>\n<\/details>\n Yes, you can use an out-of-state address for your LLC’s principal office in Texas.<\/p>\n<\/div>\n<\/details>\n Yes, any out-of-state LLC that conducts business in Texas, regardless of frequency, must register as a foreign LLC.<\/p>\n<\/div>\n<\/details>\n Yes, you can register your foreign LLC in Texas under a name that is different from the one used in your home state.<\/p>\n<\/div>\n<\/details>\n Failing to register as a foreign LLC in Texas can result in monetary fines, loss of the LLC’s good standing, and the inability to enforce contracts in the state.<\/p>\n<\/div>\n<\/details>\n You are not required to have a local manager for your foreign LLC in Texas, but you must have a registered agent with a physical address in the state.<\/p>\n<\/div>\n<\/details>\n Yes, after registering as a foreign LLC in Texas, you have the option to transfer your LLC’s assets to a Texas LLC if you wish to convert.<\/p>\n<\/div>\n<\/details>\n No, the liability protection for foreign LLCs in Texas is the same as for domestic LLCs established in the state.<\/p>\n<\/div>\n<\/details>\n Yes, a foreign LLC in Texas can change its name by filing an amendment to its certificate of registration with the Secretary of State.<\/p>\n<\/div>\n<\/details>\n A foreign LLC is a limited liability company formed in a state or country other than Texas but wishing to do business in Texas.<\/p>\n<\/div>\n<\/details>\n\nOn this page<\/h4>\n
Forming a Foreign LLC in Texas<\/h2>\n
1<\/span> Get the Certificate of Fact – Status From Home State<\/a>2<\/span> Choose Texas Foreign LLC Name<\/a>3<\/span> Select Texas Foreign LLC Registered Agent<\/a>4<\/span> File Application for Registration for Texas Foreign LLC<\/a>5<\/span> Determine How Your Texas Foreign LLC is taxed<\/a><\/div>\nStep 1<\/span>Get the Certificate of Fact – Status From Home State<\/h3>\n
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<\/p>\nStep 2<\/span>Choose Texas Foreign LLC Name<\/h3>\n
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<\/p>\nStep 3<\/span>Select Texas Foreign LLC Registered Agent<\/h3>\n
\n Logos in static\/logos\/: legalzoom.png, northwest.png. Styling: .ptable in theme\/style.css. <\/p>\n\n\nLLC Service<\/span>
\nOur Rating<\/span>
\nTop Features<\/span>
\nPricing<\/span>\n<\/div>\n\n\n#1 Top Pick<\/span>
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\n$39 + State Fees<\/small><\/div>\nStep 4<\/span>File Application for Registration for Texas Foreign LLC<\/h3>\n
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Online Filing<\/h4>\n
Offline Filling<\/h4>\n
Step 5<\/span>Determine How Your Texas Foreign LLC is taxed<\/h3>\n
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<\/p>\nFiling Texas Foreign LLC Online – Quick Recap<\/h2>\n
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BOI Reporting<\/h4>\n
After Forming Texas Foreign LLC<\/h2>\n
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FAQs<\/h2>\n
\nWhat are the benefits of forming a foreign LLC in Texas?<\/summary>\n
\n\nHow do I know if my out-of-state LLC needs to register as a foreign LLC in Texas?<\/summary>\n
\n\nWhat is the process for registering a foreign LLC in Texas?<\/summary>\n
\n\nCan I operate my business in Texas without registering as a foreign LLC?<\/summary>\n
\n\nWhat are the registration fees for forming a foreign LLC in Texas?<\/summary>\n
\n\nHow can I check if the name of my out-of-state LLC is available in Texas?<\/summary>\n
\n\nDo I need a registered agent for my foreign LLC in Texas?<\/summary>\n
\n\nCan I use a PO Box as the address for my registered agent in Texas?<\/summary>\n
\n\nHow long does it take to register a foreign LLC in Texas?<\/summary>\n
\n\nWhat documents do I need to file to register a foreign LLC in Texas?<\/summary>\n
\n\nCan I file the registration documents for my foreign LLC in Texas online?<\/summary>\n
\n\nDo I need to include a Texas address for my LLC in the registration documents?<\/summary>\n
\n\nAre there any ongoing compliance requirements for foreign LLCs in Texas?<\/summary>\n
\n\nCan I convert my out-of-state LLC to a Texas LLC instead of registering as a foreign LLC?<\/summary>\n
\n\nWhat are the tax implications for forming a foreign LLC in Texas?<\/summary>\n
\n\nAre there any restrictions on where a foreign LLC can operate within Texas?<\/summary>\n
\n\nCan I use a DBA (doing business as) name for my foreign LLC in Texas?<\/summary>\n
\n\nIs it necessary to file periodic reports for a foreign LLC in Texas?<\/summary>\n
\n\nCan I dissolve my foreign LLC in Texas if I no longer wish to operate in the state?<\/summary>\n
\n\nWill I need a Texas tax ID number for my foreign LLC?<\/summary>\n
\n\nAre there any specific naming rules for foreign LLCs in Texas?<\/summary>\n
\n\nCan I use an out-of-state address for my LLC’s principal office in Texas?<\/summary>\n
\n\nIs an out-of-state LLC required to register as a foreign LLC in Texas even if it conducts business in the state only occasionally?<\/summary>\n
\n\nCan I register my foreign LLC in Texas under a different name than the one used in my home state?<\/summary>\n
\n\nWhat penalties might my out-of-state LLC face if it fails to register as a foreign LLC in Texas?<\/summary>\n
\n\nAs an out-of-state LLC, do I need to appoint a local manager in Texas for my foreign LLC?<\/summary>\n
\n\nCan I transfer my out-of-state LLC’s assets to a Texas LLC after registering as a foreign LLC?<\/summary>\n
\n\nAre out-of-state LLCs treated differently in terms of liability protection when registered as foreign LLCs in Texas?<\/summary>\n
\n\nCan a foreign LLC in Texas change its name at any point after registration?<\/summary>\n
\n\nWhat is a foreign LLC in Texas?<\/summary>\n
\nAlso Read<\/h4>\n