Texas LLC vs West Virginia LLC (2026)
Written for owners based in Texas.
Verdict: for most owners, form where the business is based
West Virginia's $155 first year sits $145 under Texas, but it is three charges, not one: $100 to file, a $25 Annual Report, and the $30 Business Registration Certificate the Tax Division requires before you begin business activity. There is no separate LLC franchise tax there. Texas is a single $300 filing, a franchise tax that starts above a threshold, and a Public Information Report with no fee. Registering in from West Virginia costs $750.
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Compare Texas LLC vs West Virginia LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.
By Edmond Hui · Last updated: September 23, 2026
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| Factor | Texas | West Virginia |
|---|---|---|
| Filing Fee | $300 | $100 |
| Processing Time | Not published by the state | 5 to 10 business days (paper) |
| Annual Report Fee | $0 | $25 |
| Annual Report Due | May 15 | June 30 |
| State Income Tax | No | Yes |
| Anonymous LLC | No | No |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $750 + registered agent ~$150/yr |
Full fee breakdown for either state: Texas LLC cost and West Virginia LLC cost. Owner privacy options for either state: Texas anonymous LLC guide and West Virginia anonymous LLC guide.
Business Climate: Texas vs West Virginia
| Factor | Texas | West Virginia |
|---|---|---|
| 5-year business survival rate | 52.5% (#20 of 51) | 53.6% (#14 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +13.7% YoY (#3 of 51 by volume) | +19% YoY (#43 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: Texas vs West Virginia
Texas
West Virginia
A figure shown as "from" is the least the state can charge, not a price. Tennessee's report is $300 for up to six members and $50 for each member above six, its franchise tax is the greater of $100 or 0.25% of Tennessee net worth, Wyoming's report is the greater of $60 or $.0002 per dollar of in-state assets, Kentucky's entity tax is $175 up to $3 million of gross receipts and graduated above it, and New York's annual filing fee is graduated on New York source gross income. A total that contains one of those is shown as "from" for the same reason. Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where the state publishes a rate for it, and any one-time registration charge a state requires before the LLC may trade. Two exclusions follow from that wording. Arizona and Nebraska require publication and publish no rate, so no newspaper cost is carried for either and their totals are not the whole cost. Alaska's $50 annual state business licence is a separate charge from the Secretary of State fees and is not carried here either. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.
Filing Fees & Formation Costs
Texas charges $300 to form an LLC, while West Virginia charges $100. West Virginia is $200 cheaper upfront. The cost that usually gets overlooked: if you form in West Virginia but operate in Texas, you must also register as a foreign LLC in Texas (a $750 filing) and maintain a registered agent in West Virginia (typically around $150 per year). That puts the realistic first-year cost of the West Virginia route at roughly $1,000, versus $300 for simply forming in Texas. Only one side of this comparison is knowable: West Virginia publishes a standard turnaround (5 to 10 business days, paper), while Texas publishes no standard processing time, so the two can't be ranked against each other on speed.
Taxes: Texas vs West Virginia
Texas has no personal income tax, while West Virginia taxes individual income. Since pass-through LLC profits are taxed where you live and operate, a Texas-based owner keeps Texas's no-income-tax benefit either way. Forming in West Virginia adds no tax advantage. Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
Privacy & Asset Protection
Neither Texas nor West Virginia offers anonymous LLC formation: both states require owner or manager information on public filings. West Virginia's annual report includes the LLC's members and managers. Business owners who prioritize privacy typically form a holding company in a state like Wyoming or New Mexico instead. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal.
Annual Maintenance Costs
Texas LLCs file a free annual report (due May 15), and West Virginia LLCs file an annual report ($25, due June 30). If you form in West Virginia while operating in Texas, you maintain filings in both states, West Virginia's report plus Texas's equivalent for your foreign registration, and pay a West Virginia registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the West Virginia route to roughly $175 a year, versus about $0 to keep a domestic Texas LLC in good standing. The tax inside those totals: Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
When West Virginia Actually Makes Sense
Forming in West Virginia makes sense in a few specific situations: your business genuinely operates in West Virginia, with a real office, employees, or property there, or you're relocating to West Virginia in the near future and accept taking on West Virginia's personal income tax, which Texas doesn't levy. For a typical small business based in Texas, none of these usually apply. Registering a West Virginia LLC to do business back home means $750 in Texas foreign-registration fees, on top of West Virginia's $100 formation fee, while Texas's own annual report stays free to file and is due May 15. When in doubt, form where you actually do business.
Frequently Asked Questions
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Sources
Each entry below is a document recorded in our verified sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so.
- sos.state.tx.us/corp/index.shtmlTexas Secretary of State: business entity filings
- direct.sos.state.tx.us/help/help-corp.asp?pg=feeTexas LLC filing fees
- sos.wv.gov/businessWest Virginia Secretary of State: business entity filings
- sos.wv.gov/media/335/download?inline=West Virginia LLC filing fees
Edmond Hui · Founder, MyStateLLC
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.