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Texas LLC Comparisons — Entity Types & State vs. State

Choosing the right business structure is one of the most important decisions for your Texas business. This section compares LLCs to other entity types (sole proprietorship, corporation, S-corp, partnership) and compares forming in Texas versus other popular states. Start with the comparison most relevant to you, or see our formation guide if you have already decided on a Texas LLC.

Entity Type Comparisons

State vs. State Comparisons

Quick Comparison Table

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Factor Sole Proprietorship LLC Corporation (C-Corp) S-Corp (tax election)
Liability protection None Full Full Full
Formation cost in Texas $0 $300 $300 $300 + S-corp election
State income tax None (TX) None (TX) None (TX) None (TX)
Franchise tax applies No Yes (if >$2.47M) Yes (if >$2.47M) Yes (if >$2.47M)
Self-employment tax Yes (all profit) Yes (all profit) No (salary only) Salary only
Ongoing state filings None Franchise Tax Report (May 15) Franchise Tax Report (May 15) Franchise Tax Report (May 15)
Complexity Lowest Low High Medium-High
Separate tax return No No (single-member) / 1065 (multi) 1120 1120-S

When Each Structure Makes Sense in Texas

Sole proprietorship: Testing a business idea with minimal revenue and low liability risk. Not recommended once you have assets to protect or earn meaningful income.

LLC (default taxation): The sweet spot for most Texas small businesses. Liability protection + simplicity + no state income tax. Best when net profit is under $60,000-$80,000 or when the business is primarily passive (real estate, investments).

LLC with S-corp election: Best when net profit consistently exceeds $60,000-$80,000 and the owner actively works in the business. Saves 15.3% self-employment tax on distributions while keeping LLC flexibility.

Corporation (C-corp): Raising venture capital, planning to issue stock options, or retaining significant earnings for reinvestment. Uncommon for small Texas businesses due to double taxation on distributions.

Partnership (general): Rarely recommended — offers no liability protection. Use a multi-member LLC instead for identical tax treatment with added liability protection.

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