Form a S-Corp in Texas

Everything you need to know about forming a S-Corp in Texas. Filing fees, requirements, timeline, and step-by-step guidance.

$300
Filing Fee
7-10 business days
Processing Time
Required
Registered Agent

How to File

1

Choose Corporate Name

Select an available name ending with Corporation, Corp., Incorporated, or Inc. Check availability through Texas SOS.

30 minutes

2

Appoint Registered Agent

Designate a Texas resident or entity authorized to conduct business in Texas to receive legal documents.

15 minutes

3

File Certificate of Formation

Submit Form 201 to Texas Secretary of State with required information and $300 filing fee.

45 minutes

4

Obtain EIN

Apply for Federal Employer Identification Number from the IRS for tax purposes.

20 minutes

What's Next After Filing

Once your S-Corp is officially formed, you'll want to complete these important steps:

  • File Form 2553Submit IRS Form 2553 to elect S-Corporation tax status within 75 days of formation.
  • Create Corporate BylawsDraft internal governing documents and hold organizational meeting to issue stock certificates.
  • Comply with Tax RequirementsRegister for Texas state taxes if applicable and understand ongoing federal S-Corp tax obligations.

Advantages

  • Pass-through taxation avoids double taxation
  • Limited liability protection for shareholders
  • Potential self-employment tax savings
  • Enhanced business credibility and structure

Considerations

  • Strict IRS eligibility requirements and ongoing compliance
  • Limited to 100 shareholders with citizenship restrictions
  • Less operational flexibility than LLCs
  • Potential for built-in gains tax on asset appreciation

Annual Obligations

Report Due:No annual report required
Texas does not require annual reports for corporations. However, franchise tax may apply based on revenue thresholds. S-Corps must file annual federal tax returns.
Last verified: December 2025Source

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Form S-Corporation in Texas | 2025 Filing Guide & Fees | OpenChamber