North Carolina charges $125 to form an LLC; Texas charges $300. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, Texas runs about $425 less in total state fees than North Carolina. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

On speed, North Carolina typically clears standard online filings faster than Texas. Both states offer expedited tiers at an additional cost for filers on tight timelines.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee
North Carolina $125
Texas $300
North Carolina saves $175
Year 1 total estimate
North Carolina $425
Texas $400
Texas saves $25
Ongoing per year
North Carolina $300
Texas $100
Texas saves $200
3-year total
North Carolina $1,025
Texas $600
Texas saves $425

Key differences at a glance

  • North Carolina costs $175 less to form ($125 vs $300).
  • Texas is $200 per year cheaper to maintain ($100 vs $300).
  • Texas has no state individual income tax; pass-through LLC income flows to members without a state layer. The other state does tax at the member level.
  • Texas imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. North Carolina does not.

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only North Carolina

  • No entity-level franchise or LLC tax

Only Texas

  • No state income tax

Both states

  • Online filing
  • Paid expedited tier
  • No publication requirement
  • Operating agreement not statutorily required

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

North Carolina Texas
Year 1
$425
$400
Year 2
$725
$500
Year 3
$1,025
$600

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario Year 1 Each year after 3-year total
You live in North Carolina, business operates there
No foreign LLC registration needed. You pay North Carolina fees only.
$425 $300 $1,025
You live in Texas, business operates there
No foreign LLC registration needed. You pay Texas fees only.
$400 $100 $600
Non-resident forming in North Carolina with operations elsewhere
You pay North Carolina's fees plus a typical home-state foreign LLC registration of about $200 per year.
$625 $500 $1,625
Non-resident forming in Texas with operations elsewhere
You pay Texas's fees plus a typical home-state foreign LLC registration of about $200 per year.
$600 $300 $1,200

North Carolina vs Texas: full comparison

Dimension North Carolina Texas
Online filing
Can you file the formation document online?
Yes Yes
Online approval time
Standard, non-expedited
3 business days 13 business days
Expedited option
Paid fast-track filing
$100 $25
Annual report
Required in addition to tax
Required, $200 Required, $0
State-imposed annual tax
Franchise, privilege, or LLC tax minimum
None None
State income tax
On pass-through LLC income at member level
Yes No
Publication requirement
Newspaper publication after formation
No No
Operating agreement
Required by state statute
Recommended, not required Recommended, not required
Foreign LLC fee
Cost to register as a foreign LLC in this state
$250 $750
State sales tax
General statewide rate
4.8% 6.3%

Taxes in North Carolina and Texas

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

North Carolina tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 2.0%.

Texas tax

No entity-level franchise tax on LLCs. No state income tax.

Ongoing compliance

The recurring filings each state requires after formation.

North Carolina

Annual report $200, due 04/15 each year. Registered agent required in North Carolina.

Texas

Annual report $0, due 05/15 each year. Registered agent required in Texas.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

North Carolina

  1. Check business-name availability on the North Carolina entity search.
  2. Appoint a registered agent with a physical North Carolina street address.
  3. File Articles of Organization for Limited Liability Company (Form L-01) for $125.
  4. Wait for approval. Online typically 3 business days. Paid expedite from $100.
  5. Adopt an operating agreement (recommended, not required by North Carolina statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $200 when it comes due.

Texas

  1. Check business-name availability on the Texas entity search.
  2. Appoint a registered agent with a physical Texas street address.
  3. File Certificate of Formation: Limited Liability Company (Form 205) for $300.
  4. Wait for approval. Online typically 13 business days. Paid expedite from $25.
  5. Adopt an operating agreement (recommended, not required by Texas statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $0 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both North Carolina and Texas (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in North Carolina or Texas does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

North Carolina Secretary of State, Business Registration Division

Website
www.sosnc.gov/divisions/business_registration
Phone
(919) 814-5400
Email
biz@sosnc.gov
Mail
P.O. Box 29622, Raleigh, NC 27626-0622
Office
2 South Salisbury Street, Raleigh, NC 27601-2903
Hours
8:00 AM to 5:00 PM Eastern, Monday to Friday

Texas Secretary of State, Business & Commercial Section

Website
www.sos.state.tx.us/corp/index.shtml
Phone
(512) 463-5555
Email
corpinfo@sos.texas.gov
Mail
P.O. Box 13697, Austin, TX 78711-3697
Office
James Earl Rudder Office Building, 1019 Brazos Street, Austin, TX 78701
Hours
8:00 AM to 5:00 PM Central, Monday to Friday

North Carolina Department of Revenue

Website
www.ncdor.gov
Phone
(877) 252-3052
Mail
P.O. Box 25000, Raleigh, NC 27640-0640
Office
501 N. Wilmington Street, Raleigh, NC 27604
Hours
8:00 AM to 5:00 PM Eastern, Monday to Friday

Texas Comptroller of Public Accounts

Website
comptroller.texas.gov
Phone
(800) 252-1381
Mail
P.O. Box 13528, Capitol Station, Austin, TX 78711-3528
Office
Lyndon B. Johnson State Office Building, 111 East 17th Street, Austin, TX 78774
Hours
8:00 AM to 5:00 PM Central, Monday to Friday

Frequently Asked Questions

  • Is it cheaper to form an LLC in North Carolina or Texas?

    North Carolina is cheaper at formation ($125) than Texas ($300). Ongoing costs are also different: $300 vs $100 per year. Total over three years: $1,025 vs $600.

  • Can I form an LLC in North Carolina if I live in Texas?

    Yes, but your Texas business will almost certainly need to register as a foreign LLC in Texas too, which means paying Texas's foreign registration fee and any ongoing Texas obligations on top of the North Carolina ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

  • How long does it take to form an LLC in North Carolina vs Texas?

    North Carolina online: 3 business days; Texas online: 13 business days. North Carolina offers paid expedite from $100. Texas offers paid expedite from $25.

  • Which state has lower taxes for an LLC, North Carolina or Texas?

    North Carolina: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Texas: no state income tax, no entity-level franchise or LLC tax.

  • Do both states require a registered agent?

    Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. North Carolina and Texas both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

  • Which state should I pick if I run an online business from home?

    Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in North Carolina or Texas to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

More North Carolina and Texas comparisons

Sources

  • Filing fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
    NCGS §57D-1-22(a)(1): Articles of organization filing fee = $125. Statutory citation authoritative; same number appears on the Secretary of State forms and fee schedule.
  • Expedited filing: www.sosnc.gov/manual/register_a_foreign_business/expedited · verified April 21, 2026
    North Carolina Secretary of State expedited filing service: 24-hour service $100 additional; same-day service (received by noon ET) $200 additional. Cheapest tier is 24-hour at $100 reported here.
  • Annual report fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
    NCGS §57D-1-22(a)(23) and §57D-2-24: Annual report fee $200, due by April 15 each year for LLCs. Online filings add a $2-$3 processing fee.
  • Franchise tax: www.ncdor.gov/taxes-forms/corporate-income-franchise-tax/corporate-inc… · verified April 21, 2026
    NCDOR Corporate Income and Franchise Tax Rates page. Franchise tax applies to C corporations, S corporations, and holding companies – not to default-classified LLCs. Minimum corporate franchise tax is $200, rate $1.50/$1,000 of tax base capped at $500 on the first $1M of base.
  • Operating agreement requirement: www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_57D/Ar… · verified April 21, 2026
    NCGS Chapter 57D (North Carolina Limited Liability Company Act) permits operating agreements in written, oral, or implied form. No statute requires adoption of a written operating agreement. Article 2 governs formation without imposing an operating-agreement requirement.
  • Foreign LLC registration fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
    NCGS §57D-1-22(a)(4): Application for certificate of authority for a foreign LLC = $250 filing fee.
  • Publication requirement: www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_57D.pd… · verified April 21, 2026
    North Carolina's LLC Act (Chapter 57D) has no newspaper publication requirement for formation.
  • Business name search: www.sosnc.gov/search/index/corp · verified April 21, 2026
    North Carolina Secretary of State business entity search. Confirm name availability before filing Form L-01.
  • Sales tax rate: www.ncdor.gov/taxes-forms/sales-and-use-tax/sales-and-use-tax-rates/cu… · verified April 21, 2026
    NCDOR Current Sales and Use Tax Rates page. Statewide state rate is 4.75%; combined county rates range 6.75% to 7.50%.
  • Corporate income tax rate: www.ncdor.gov/taxes-forms/corporate-income-franchise-tax/corporate-inc… · verified April 21, 2026
    NCDOR confirms 2.00% corporate income tax rate for tax years beginning in 2026. Rate schedule (2021 budget bill S.B. 105): 2.50% (2022-2024), 2.25% (2025), 2.00% (2026-2027), 1.00% (2028), 0% (2029+). Applies to C-corps and LLCs electing corporate treatment.
  • Filing fee: www.sos.state.tx.us/corp/forms/205_boc.pdf · verified April 21, 2026
    Texas Secretary of State Form 205 Certificate of Formation for an LLC. $300 filing fee stated on form instructions. Authority: Texas Business Organizations Code §4.152 (formation fees).
  • Filing fee: www.sos.state.tx.us/corp/sosda/index.shtml · verified April 21, 2026
    SOSDirect service charges a 2.7% convenience fee on credit-card transactions on top of the $300 state fee. The stated filingFee of $300 is the statutory fee exclusive of the payment-processing surcharge.
  • Expedited filing: www.sos.state.tx.us/corp/options.shtml · verified April 21, 2026
    Texas Secretary of State expedite service: $25 per document for expedited processing (typically 2 business days). Applies to paper filings mailed or delivered to the SoS. SOSDirect online filings are normally processed within a few business days without a separate expedite fee.
  • Annual report fee: comptroller.texas.gov/taxes/franchise/ · verified April 21, 2026
    Texas LLCs file an annual Franchise Tax Report and Public Information Report with the Comptroller by May 15. No separate filing fee for the PIR. Under SB 3 (88th Leg., 2nd C.S., effective for reports due in 2024 and later), entities with total revenue at or below the no-tax-due threshold no longer file a No Tax Due Report but still file the PIR.
  • Franchise tax: comptroller.texas.gov/taxes/franchise/ · verified April 21, 2026
    Texas Tax Code Chapter 171 (Franchise Tax). No-tax-due threshold raised to $2.47 million for reports due 2024 forward (SB 3, 2023). Rates: 0.375% retail/wholesale margin; 0.75% other. EZ computation 0.331% on revenue up to $20M (no deductions). Confirm current threshold on Comptroller site each year.
  • Operating agreement requirement: statutes.capitol.texas.gov/Docs/BO/htm/BO.101.htm · verified April 21, 2026
    Texas Business Organizations Code §101.052 authorizes a company agreement (Texas's term for an operating agreement). Not required to be in writing or filed; LLC may operate under default statutory rules.
  • Foreign LLC registration fee: www.sos.state.tx.us/corp/forms/304_boc.pdf · verified April 21, 2026
    Texas Secretary of State Form 304 Application for Registration of a Foreign LLC. Filing fee $750. Authority: TBOC §9.001.
  • Publication requirement: statutes.capitol.texas.gov/Docs/BO/htm/BO.3.htm · verified April 21, 2026
    Texas does not require newspaper publication for LLC formation. TBOC Chapter 3 governs formation filings without any publication requirement.
  • Business name search: mycpa.cpa.state.tx.us/coa/ · verified April 21, 2026
    Texas Comptroller Taxable Entity Search (the broadly-used search for Texas business entities). SOSDirect also offers a paid name search for $1 per request.
  • Sales tax rate: comptroller.texas.gov/taxes/sales/ · verified April 21, 2026
    Texas statewide sales and use tax rate is 6.25%. Local jurisdictions may add up to 2% for a maximum combined rate of 8.25%.