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''Return to'' [[Small Business Development Ecosystem of Houston]].
 
This is an overview on how to create a business in Texas. For more comprehensive guidance and assistance, consult the [https://texaswideopenforbusiness.com/sites/default/files/pdfs/smallbusinesshandbook.pdf Texas Small Business Handbook].
==Basic Process==
'''Determine the legal structure of the business and properly file the business name with the state and/or county.'''
 
*Search for existing [http://www.uspto.gov/trademarks-application-process/search-trademark-database trademarks] - Free
 
*Reserve a name for 120 days:
**Complete [http://www.sos.state.tx.us/corp/forms/501_boc.pdf Form 501] located at - $40
**Or reserve a name online at [http://www.sos.state.tx.us/corp/sosda/index.shtml SOSDirect] - $50 per [https://direct.sos.state.tx.us/help/help-corp.asp?pg=fee class]
 
*Prepare a certificate of formation:
**Download the [http://www.sos.state.tx.us/corp/forms/201_boc.pdf form] - $300
**Or file online at [http://www.sos.state.tx.us/corp/sosda/index.shtml SOSDirect] ($300) and prepare the following necessary information:
***The name and type of entity being formed;
*** The names and addresses of directors and registered agents;
*** The number and value of initial authorized shares;
*** The business purpose for which the entity is being formed;
*** The name and address of the organizer (i.e., the person responsible for incorporating the company);
*** The effectiveness of the filing, which means when you want the document and the entity to become effective; and
***The signature of the organizer.
 
{| class="wikitable sortable" style="border: 1px solid darkgray; bgcolor: #f9f9f9"
|+ align="center" size="14px"|'''Business Filing Fees'''
| align="center" style="background:#f0f0f0;"|'''Business Type'''
| align="center" style="background:#f0f0f0;"|'''Filing Fee ($)'''
'''Determine the potential tax responsibilities of the new business on the federal, state, and local level.'''
At the federal level, the Internal Revenue Service will be the tax collection agency. You will need to *[https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein applyApply] for a Employer Identification Number (EIN) (alternatively called Federal Tax Identification Number) so **Texas requires that the IRS can an EIN for businesses, which is used for tax purposes. *'''Federal Taxes'''**The Internal Revenue Service will identify and determine your businesstax liability.
*'''State Taxes'''**The state of Texas imposes a state sales tax on "all retail sales, leases and rentals of goods, and services that are expressly enumerated as taxable under the Texas Tax Code." Additionally, any taxable business chartered, organized, or doing business is subject to a state franchise tax. That said, most small businesses are exempt from this kind of tax.
*'''Local Taxes'''**Business Inventory Taxes will be collected at the local level, although many municipalities do not tax items that fall under “Goods in Transit Exemption” or the “Freeport Exemption.”  *'''Other Taxes'''**The Texas Workforce Commission will collect Unemployment Insurance tax from most businesses.
Lastly, the Texas Workforce Commission will collect Unemployment Insurance tax from most businesses.
==='''Step 3: Business Licenses and Permits'''===
'''Determine necessary licenses, permits, certifications, registrations, and/or authorizations for a specific business on the federal, state, and local level.'''
*Create bylaws. While Texas does not set out any concrete requirements for a corporation's bylaws, the bylaws usually contain information about internal rules and procedures, responsibilities of officers, the size of the board, how shareholder meetings will be held.[http://www.dmlp.org/legal-guide/forming-corporation-texas]** You don't have to file these bylaws with the Secretary of State. However, Texas law requires you keep this document at your main office.[http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=BO%2fBO.21&Phrases=%22Bylaws%22&HighlightType=1&ExactPhrase=True&QueryText=%22Bylaws%22]** You can also look up [http://business.utsa.edu/cite/files/spring15/12083328_2_Bylaws%20(Texas%20Corporation).pdf sample] Texas bylaws in order to get an idea of what should be included.  *There is no general "business" license in the state of Texas, instead there .*There are different licensing procedures for various professions. **The Texas Department of Licensing and Registration has a full [http://www.tdi.texas.gov/forms/fincolicense/fin325retalreqs.pdf list ] of the specific professions that need additional accreditation. *You should also contact the local government of the city you are choosing to operate in to find out if there are any specific licensing needed to conduct business.
'''Determine federal and state employer requirements. There are various laws relating to employment of personnel.'''
As a Small business owner you have many obligations. You owners must fulfill requirements related to: *Americans with Disabilities Act requirements, *Equal Employment requirements, applicable *Safety requirements, *Wage and Labor requirements, *New Hire Reporting, reporting of *Workers' Compensation Insurance, and reporting*Labor Posters placement of labor posters.*Other relevant requirements
(For more information please browse through the [https://texaswideopenforbusiness.com/sites/default/files/pdfs/smallbusinesshandbook.pdf Texas Small Business Handbook])
==Common Forms and Fees for Texas Small Businesses==
{| class="wikitable sortable" style="border: 1px solid darkgray; bgcolor: #f9f9f9"|+ align="center" size=Summary on "14px"|'''Common Forms and Fees'''| align="center" style=Forming a For-Profit Corporation"background:#f0f0f0;"|'''Filing Type'''*Search trademark| align="center" style="background: [http://www.uspto.gov/trademarks-application-process/search-trademark-database United States Patent and Trademark Office] - Free *Reserve a name for 120 days: **Completing #f0f0f0;"|'''Additional Form 501 located at [http://www.sos.state.tx.us/corp/forms/501_boc.pdf http://www.sos.state.tx.us/corp/forms/501_boc.pdf] - $40(s)'''**Or reserve a name online at [http://www.sos.state.tx.us/corp/sosda/index.shtml SOSDirect] - $50 per class[https://direct.sos.state.tx.us/help/help-corp.asp?pg| align="center" style=fee] *Prepare a certificate of formation"background:**Download the form at [http://www.sos.state.tx.us/corp/forms/201_boc.pdf http://www.sos.state.tx.us/corp/forms/201_boc.pdf] - $300**Or file online at [http://www.sos.state.tx.us/corp/sosda/index.shtml SOSDirect] #f0f0f0;"|'''Filing Fee ($300) and prepare the following necessary information:'''***The name and type of entity being formed;|-*** The names and addresses | Certificate of directors and registered agents;fact||||15*** The number and value of initial authorized shares;|-*** The business purpose for which the entity is being formed;*** The name and address | Expedited processing of the organizer (i.e., the person responsible for incorporating the company); *** The effectiveness of the filing, which means when you want the document and the entity to become effective; and***The signature of the organizer. *Create bylaws. While Texas does not set out any concrete requirements a request for a corporation's bylaws, they should usually contain information about internal rules and procedures, responsibilities certified copy or certificate of officers, the size of the board, how shareholder meetings will be held.[http://www.dmlp.org/legal-guide/forming-corporation-texas]** You don't have to file these bylaws with the Secretary of State but Texas law requires you keep this document at your main office.[http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=BO%2fBO.21&Phrases=%22Bylaws%22&HighlightType=1&ExactPhrase=True&QueryText=%22Bylaws%22]status or fact||||10** You can also look up sample Texas bylaws in order to get an idea of what should be included.[http://business.utsa.edu/cite/files/spring15/12083328_2_Bylaws%20(Texas%20Corporation).pdf] *Request an Employer Identification Number (EIN). Texas requires that you have an EIN, also known as a federal tax identification number, which is used to identify businesses for tax purposes. Apply online for an EIN at [https://www.irs.gov/Businesses/Small-Businesses-&-Self|-Employed/How-to-Apply-for-an-EIN https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/How-to-Apply-for-an-EIN]. ==Common Forms and Fees== *'''Certificate of Fact''' - $15*'''| Certificate of formation for a Texas an entity (except nonprofit corporation, cooperative association, PA or LP).''' ||||300|- $300*'''| Certificate of formation for a Texas nonprofit corporation (form ||202) or ||25|-| Certificate of formation for a cooperative association (no form provided)''' corporation||||25|- $25*'''Registration or renewal as | Certificate of formation for a Texas limited liability partnership or LLLP. Forms: ||701, 703''' - $200 per partner||750*'''Foreign entity application for registration (except nonprofit corporation, LLP, cooperative association, or credit union).''' |- $750*'''| Name reservation (120 days) or renewal. Form: ||501''' ||40|-| Registration of trademark||901||50 (per class)|- $40*'''| Expedited processing of a document submitted for filing (except trademark documents)''' - $||||25*'''Expedited processing of a request for a certified copy or certificate of status or fact''' - $10*'''Application for Registration of Trademark. Form: 901''' - $50 per class|}
'''===Payment Methods'''===
Fees may be paid by:

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