Start an LLC in Austin
An Austin LLC is formed the same way as any Texas LLC: Form 205, filed with the Texas Secretary of State, with a $300 state fee. Austin has no separate city formation filing. The Austin-specific work is local: Travis County's rules for unincorporated DBAs, the City of Austin's change-of-use process for commercial space, and the rules for home-based businesses.
We do not have an Austin office. Lone Star LLC Attorney serves Texas statewide from Houston.
Austin Is Where the Secretary of State Sits
The Texas Secretary of State's in-person services are in Austin, at 400 W. 15th Street, with lobby hours of 8:00 a.m. to 5:00 p.m. An Austin owner can handle Secretary of State business there in person, but it is optional: certificates of formation can be filed online through SOSPortal 24 hours a day, 7 days a week.
Being near the Capitol does not change the filing itself. The same Form 205, the same $300 fee, the same registered agent rule, and the same May 15 Public Information Report to the Texas Comptroller apply in Austin as in Amarillo. The step-by-step version is on How to Start an LLC in Texas.
Travis, Williamson, or Hays County
The Texas Comptroller's city rate table lists the City of Austin in Travis County and Williamson County, with a separate entry for the part in Hays County. For an LLC the county rarely matters, since its assumed name goes to the state. For a sole proprietorship or general partnership, the DBA is filed with the county clerk in each county where it keeps a business office.
DBAs: Travis County Clerk vs. Secretary of State
An Austin LLC using a trade name files Form 503 with the Texas Secretary of State for $25. The Travis County Clerk states that, as of September 1, 2019, its Recording Division no longer records or files incorporated assumed names; those go to the Secretary of State only.
For unincorporated businesses in Travis County, the clerk's process looks like this:
- Search the county's assumed name records first. The clerk will run the search for a $10.00 fee.
- Submit the application online. All owners must be present with valid government-issued identification for recording.
- The filing fee is $23.00 for the business name and one owner, plus $0.50 for each additional owner on the same statement.
- Completing the process in the office adds $2.00 for each acknowledgment.
- The clerk accepts cash, personal checks, or credit cards.
The details are on the Travis County Clerk's DBA page. Our Texas DBA and Assumed Name Certificate page covers Form 503.
Austin Sales Tax: 8.25%
The Comptroller lists a total rate of 8.25% for the City of Austin in Travis County and in Williamson County: 6.25% state, 1% City of Austin, and 1% for the Austin transit authority (listed as Austin MTA). Some library district areas carry their own entries in the same table, so a business near the city's edges should look up its exact address in the Comptroller's city rate table.
A Texas sales tax permit has no fee; the Comptroller says to allow 2-3 weeks. See Texas Sales Tax Permit.
Commercial Space: Austin's Change of Use Process
In Austin, a business moving into a commercial unit may need to go through the City's Change of Use process to get an updated certificate of occupancy that reflects the planned use. Austin Development Services says the process may include a Site Plan Exemption and Building Plan Review.
The city reports that as of October 1, 2025, change-of-use reviews dropped from 11 disciplines to three, shortening the typical timeline from about two months to about two weeks. For questions about a specific space, Development Services offers Land Use Assistance appointments under the Commercial and Multi-Family Zoning (Land Use) Questions type.
A copy of an existing certificate of occupancy can be requested by email from DSDCertificateofOccupancy@austintexas.gov. Austin's small business permitting page has the current forms.
Home-Based Businesses After HB 2464
Many Austin LLCs never lease space. In June 2025 the Texas Legislature passed HB 2464, which changed the rules for home-based businesses, and the City of Austin has described how it applies there:
- The City cannot prohibit, or require permits for, home-based businesses that do not exceed occupancy limits, generate significant traffic, or create visible or noise disturbances.
- A home-based business in a single-family or multi-family residential structure with no more than two residential units does not need to rezone or install fire sprinklers.
- The City still regulates short-term rentals and can restrict certain uses, including businesses that sell alcohol or are sexually oriented.
- Homeowners' associations can enforce their own rules.
HB 2464 is a state law; the list above is the City of Austin's own summary of how it applies in Austin. An HOA's rules for a specific property are a separate check.
Our Services for Austin Owners
We prepare and file the Certificate of Formation, provide registered agent coverage in every monthly plan, and keep the May 15 Comptroller calendar. Registered agent coverage means the public registered office is not a home address. Virtual Office+, at $49.99 a month, adds a business address with mail handling at 1800 St. James Place in Houston. That is a Houston address; it does not give an Austin business an Austin street address. See Texas Virtual Office.
Frequently Asked Questions
Can I file my Austin LLC in person at the Secretary of State?
The Texas Secretary of State's in-person lobby is at 400 W. 15th Street in Austin, open 8:00 a.m. to 5:00 p.m. Certificates of formation can also be filed online through SOSPortal at any hour.
How much is a DBA in Travis County?
The Travis County Clerk charges $23.00 for an assumed name certificate with the business name and one owner, plus $0.50 for each additional owner, and $2.00 per acknowledgment taken in its office. That filing is for unincorporated businesses; an LLC files Form 503 with the Secretary of State for $25.
What is the sales tax rate in Austin?
The Texas Comptroller lists 8.25% for the City of Austin in Travis and Williamson counties: 6.25% state, 1% City of Austin, and 1% for the Austin transit authority.
Does Lone Star LLC Attorney have an Austin office?
No. We serve Texas statewide from our office in Houston. Virtual Office+ provides a Houston business address, not an Austin one.