Texas Business Entities Comparison Chart
| Form of Business |
Cost to Register |
Owner Personally Liable (If Adequately Funded) |
Who Governs Business |
U.S. Taxes |
Texas Taxes |
| Sole Proprietorship |
$25 |
yes |
self |
on personal tax form (1040) |
not taxed |
Limited Liability Company (one individual) |
$300 |
no |
self |
on personal tax form (1040) |
see note 1 |
Limited Liability Company (one business member) |
$300 |
no |
member |
taxed like business member |
see note 1 |
Limited Liability Company (multiple members) |
$300 |
no (manager may be liable) |
members or manager |
can choose to be taxed as a corporation (LCC is taxed and members are taxed on distributions to them) or as a partnership (only members taxed) |
see note 1 |
General Partnership (general partner + one or more limited partners) |
$200-$750 |
general partner only (unless limited partner acts like a general partner) |
general partner (limited partners may vote on some questions) |
limited partners taxed on distributions; general partner taxed according to its form of business entity |
exempt if all partners are individuals; if not, see note 1 |
Limited Liability Partnership (general partner + one or more limited partners) |
$200-$750 |
no |
passive; receives funds from others |
limited partners taxed on distributions |
exempt if passive limited family partnership, see note 2 |
S Corporation (shareholders must be US citizens or permanent residents) |
$300 |
no |
shareholders elect directors; directors appoint officers |
corporation not taxed; shareholders taxed on distributions |
see note 1 |
| C Corporation |
$300 |
no |
shareholders elect directors; directors appoint officers |
corporation taxed; shareholders taxed on distributions |
see note 1 |
Notes
1. 1% tax on gross annual income after deducting either "cost of goods sold" or "compensation" and deductible benefits for federal tax purposes is $300,000 or more; .5% tax rate for certain low margin businesses. Corporations and parnerships (and businesses taxed as corporations and parnerships) are required to calculate their "gross annual income in different ways.See
"The New Texas Margin Tax" for further clarification.
2. Passive limited family partnership must derive 90% of its gross income from interest, dividends, partnership allocations, capital gains and royalties.