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How to Set Up a Business in Texas

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    • 1). Determine what your business structure will be--a sole proprietorship, LLC (limited liability corporation), LLP (limited liability partnership), limited partnership, general partnership, corporation or association.

      To see Texas' requirements for establishing each of the above-mentioned business structures, see the link below (in the Resources section) titled "Choose Your Business Structure."

    • 2). Obtain an Assumed Name Records Certificate of Ownership (DBA) by obtaining the form from your county clerk's office--this is typically needed for sole proprietorships, as well as corporations and partnerships that will be operating under a name other than the one listed in their Articles of Incorporation.

      The fees vary slightly by county, but range from less than $15 to under $20. A DBA is valid for 10 years in Texas, and must be renewed after that time period.

    • 3). Register for a sales tax permit if you will need to charge taxes or surtaxes on the goods and services you plan to sell. You can register for a sales tax permit online (see Resources for a link).

    • 4). Obtain an Employer Identification Number (EIN) from the IRS (see Resources for a link).

      This is necessary if you will hire employees, are a corporation or partnership, will file employment, firearms, alcohol or tobacco tax returns or have a Keogh plan (a tax-deferred pension plan for employees of unincorporated businesses, or those who are self-employed).

    • 5). Get a food manager's certificate, food handler certificate for any employees, temporary food establishment permit or food enterprise permit if you will be opening a food business. To find out exactly what permits you will need, contact the Texas Department of State Health Services at 888-963-7111.

    • 6). Lease a commercial kitchen or prepare a space suitable for properly making food according to Texas law, if you will be starting a food business. In Texas, no food that is sold to the public can be prepared in a home kitchen.

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