Texas LLC
Texas, like every other state in the U.S., has adopted a limited liability company (LLC) law. Thus, in addition to the traditional choices of a sole proprietorship, partnership, or corporation, a business that operates in Texas may also choose to operate in the form of an LLC. LLCs are very attractive entities for many small businesses, in that they offer much the same protection as a corporation from creditors for debts of the business, while offering much of the flexibility plus the flow-through tax treatment of a partnership for federal tax purposes, and in most states (but not in Texas).
An Texas LLC offers business entrepreneurs the form of corporate organization that provides perhaps the most flexibility to you. An LLC formation, like the alternative corporate forms of organization like a limited partnership or a Subchapter S Corporation, are generally prime candidates for a business juststarting. The state of Texas gives public support to an Texas LLC.
Should I form a Texas LLC?
An Texas LLC satisfies a necessary condition of your business planning developement in that it meets the requirement that you establish a legal form of organization in order to gain the statutory benefits and protection available in Texas to your LLC. Your Texas LLC establishes a legal presence within the state, which you can use either as a platform for in-state operations or by registering your Texas LLC via your agent's physical address in order to meet the purely statutory requirement for tax and filing purposes absent an in state operation.
Advantages and Disadvantages of a Texas LLC
Advantages of Limited Liability Company
Limited Liability: Owners of a LLC have the limited liability protection of a corporation.
Flexible Profit Distribution: Limited liability companies can select varying forms of distribution of profits. Unlike a common partnership where the split is 50-50, LLC have much more flexibility.
No Minutes: Corporations are required to keep formal minutes, have meetings, and record resolutions. The LLC business structure requires no corporate minutes or resolutions and is easier to operate.
Flow Through Taxation: All your business losses, profits, and expenses flow through the company to the individual members. You avoid the double taxation of paying corporate tax and individual tax. Usually, this will be a tax advantage, but circumstances can favor a corporate tax structure.
Disadvantages of Limited Liability Company
Limited Life: Corporations can live forever, whereas a LLC is dissolved when a member dies or undergoes bankruptcy.
Going Public: Business owners with plans to take their company public, or issuing employee shares in the future, may be best served by choosing a corporate business structure.
Added Complexity: Running a sole-proprietorship or partnership will have less paperwork and complexity. A LLC may federally be classified as a sole-proprietorship, partnership, or corporation for tax purposes. Classification can be selected or a default may apply.
By Texas and other state law in order to proceed with forming a llc, you need to prepare a written abstract detailing
your llc purpose, the names of your initial Texas LLC members, the name and address of your Texas registered agent, the details of which will be introduced into the body of your LLC operating agreement and related Texas LLC formation documents assembled for application to the state of Texas.
Texas’ Business Tax Climate Ranks 4th
Texas ranks 4th nationally in the State Business Tax Climate Index, which measures the impact on business of five major elements of the tax system: the percentage of income taken by all taxes, the individual income tax rates, the corporate income taxes, the sales tax rate, and the complexity of the tax system. Neighboring states ranked as follows: New Mexico (40th), Oklahoma (14th), Arkansas (43rd) and Louisiana (27th).
Texas’ State/Local Tax Burden under National Average
Over the past 14 years, Texas has consistently posted a below average tax burden. In recent years, that number has fallen even further as income levels have risen faster than tax collections. Estimated now at 8.7% of income, Texas’s state/local tax burden percentage is ranked 46th nationally, well below the national average of 10.0%.
Texas Levies no Personal Income Taxes
Texas levies no individual income taxes, joining six other states with the same policy. compared to other states.
Texas Levies no Corporate Income Taxes
The state of Texas, in addition to collecting no personal income taxes, collects no corporate income taxes. Only four other states (Nevada, Wyoming, South Dakota and Washington) join Texas in levying neither income tax.