The deed is genuinely free in Texas. The appraisal cap on the property isn't.

Texas Charges No Transfer Tax on the Deed

Texas does not have a state real estate transfer tax to exempt you from. The Comptroller publishes an index of every tax and fee it administers, sales and use, franchise, hotel, motor vehicle, crude oil, natural gas, coin-operated machines, the oyster sales fee, the sexually oriented business fee, and a couple of dozen more, and no deed, conveyance, documentary stamp or realty transfer tax appears anywhere on it. That absence is the whole of the state answer. There is no state exemption to claim, no affidavit of consideration to swear, no nominal-consideration wording to get right, and no reason to structure the instrument around a state tax rule.

It also disposes of the workaround question before anyone asks it. Where a state taxes the deed, owners start wondering whether selling the LLC rather than the building avoids the tax, and states that noticed have answered with a controlling-interest tax. Texas has neither the door nor the lock. Selling the membership interests in a Texas LLC that owns a rental is not a taxable conveyance because the state taxes no conveyance.

One limit on how far we can take that, said plainly rather than glossed. The negative comes from the Comptroller's own list of the taxes it administers, not from a statute saying counties may not levy a transfer tax of their own, and a purely local charge would sit outside that list whether it exists or not, which is why the local line in the table above reads "could not be confirmed" rather than "no." We could not read the Texas statutes directly on this pass: statutes.capitol.texas.gov has been rebuilt as a JavaScript application that returns the same navigation shell for every path we tried, including the PDF variants and the legacy mirror. So we did not confirm Tex. Loc. Gov't Code § 118.011, which sets county recording fees, and we are not quoting a filing charge for that reason. The county clerk where the property sits will quote it, and it is the only figure in this transaction.

We could not establish whether counties or municipalities in Texas levy a transfer tax of their own on top of this deed. Nothing in the state chapter authorises one generally, but that is not the same as confirming none exists. A local act can sit outside the chapter we searched. Ask the register of deeds for the county the property sits in.

comptroller.texas.gov

Does the Transfer Reset Your Property Tax in Texas?

The mechanism is Tex. Tax Code § 23.231, the circuit breaker limitation on real property other than a residence homestead. It caps a parcel's appraised value at the preceding year's appraised value plus 20 percent plus the value of new improvements, and it belongs to the owner rather than to the parcel.

Subsection (f): “The circuit breaker limitation provided by Subsection (d) takes effect as to a parcel of real property on January 1 of the tax year following the first tax year in which the owner owns the property on January 1. The circuit breaker limitation expires on January 1 of the tax year following the tax year in which the owner of the property ceases to own the property.” Deeding the property to your LLC makes the LLC the owner. The old limitation ends, and the new owner has to hold the parcel on a January 1 and then get through a full tax year before a fresh limitation attaches. In between, the appraised value is whatever the appraisal supports.

Two things narrow it. The section reaches only property at or below an indexed value ceiling written into § 23.231(j), so larger parcels were never inside it. And § 23.231(k) says, in a single sentence, “This section expires December 31, 2026.” We read § 23.231 in the Comptroller's own 2025 edition of the Texas Property Tax Code, which carries 165 separate amendment notes from the 2025 session elsewhere in the code and shows this section untouched, still carrying that expiry, and identical to the 2023 edition. That cuts both ways for a landlord: if the Legislature extends the section, the trade-off is real, and if it doesn't, the limitation you would be giving up was going to lapse regardless. Check the current status before you weigh it, because this is exactly the kind of provision that gets extended quietly.

If the rental was your own home until recently, the homestead side is separate and blunter. Tex. Tax Code § 11.13(j)(1)(A) requires a residence homestead to be “owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust,” and an LLC is neither an individual nor a qualifying trust. § 23.23(c) then provides that the 10 percent homestead limitation “expires on January 1 of the first tax year that neither the owner of the property when the limitation took effect nor the owner's spouse or surviving spouse qualifies for an exemption under Section 11.13.” The trust wording in § 11.13(j) isn't an accident. Texas thought about property held in trust and wrote it in; it didn't do the same for entities.

Separately, and this catches people converting a former home into a rental: the benefits that turn on owning and occupying the property as your residence, a homestead exemption, an owner-occupancy credit, a residential assessment rate, are not things an LLC occupies a home to earn. Where the property still carries one, the deed puts it at risk, and the bill goes up whether or not the assessment itself moves. Which benefit is at stake, and on what terms, is a question for the assessor in the county the property sits in.

Authority: Tex. Tax Code § 23.231(f); Tex. Tax Code § 23.23(c), comptroller.texas.gov

Moving a Property You Already Own Into the LLC in Texas

1. 1

   Find out what limitation the parcel actually carries today

   Before anything is signed, ask the office that appraises the property whether a § 23.231 circuit breaker limitation is in place and how far the current appraised value sits below market. If the parcel is appraised at or near market, the limitation is worth nothing and the transfer costs you nothing. If there's a wide gap, that gap is the real price of the deed, and it's a number only the appraisal record can give you.

2. 2

   Decide the structure before the certificate of formation is filed

   If you want series, § 101.602(b)(3) requires notice of the liability limitations in the certificate of formation itself, and an existing LLC without that notice has to be amended. Decide between one LLC per property, a protected series and a registered series now rather than after the entity exists. If a single LLC is the plan, skip this step entirely. Nothing about holding rental property changes the formation paperwork.

3. 3

   Get the servicer's answer in writing before you record

   The Garn-St Germain list at 12 U.S.C. § 1701j-3(d) protects a transfer into an inter vivos trust and doesn't mention a limited liability company. Texas law doesn't change that. It's your loan contract. Ask for written consent, and if the answer is no, that's information you wanted before the deed was on the public record rather than after.

4. 4

   Record the deed with the county clerk

   There's no transfer tax return, no consideration affidavit and no exemption to claim, because there's no tax to be exempt from. Nothing about the instrument has to be structured to obtain relief. The county clerk charges its filing fee and the conveyance is done.

5. 5

   Move the accounts that are still in your own name

   The landlord policy, the bank account, the leases and the rent instructions all still name you. So does the Comptroller hotel occupancy tax account if the property is let short-term, and that one matters in Texas specifically, because the duty to collect and remit sits with the property owner unless a platform has agreed in writing to do it. Updating the registration nobody prompts you about is the step most often skipped.

One LLC Per Property, or One for the Portfolio?

Texas authorises series LLCs, and a series can be filed with the state in its own right.

Texas gives you both forms of series, and the choice is made at formation rather than later. Tex. Bus. Orgs. Code § 101.601(a) lets the company agreement establish “one or more designated series of members, managers, membership interests, or assets” with separate rights, powers or duties as to specified property. The definitions are one section further on: a series established without any filing is a protected series under § 101.602(f), and one for which a certificate of registered series is filed with the Secretary of State under § 101.602(c) is a registered series under § 101.602(g).

Section 101.601 itself stops at subsection (d), so a citation to § 101.601(f) or (g) is pointing at text that doesn't exist. The filing fee shown above comes from the fee statute itself, § 4.162(a)(1), because the Secretary of State's website returned 403 to every request we made. We read the price out of the code rather than off a web page.

The shield in § 101.602(a) is as strong as this gets: debts incurred with respect to a series “shall be enforceable against the assets of that series only, and shall not be enforceable against the assets of the limited liability company generally or any other series.” Then § 101.602(b) attaches three conditions, and the third is the one that ends the conversation for most LLCs that already exist.

Subsection (a) applies only to the extent the records account for that series' assets separately from the company's and every other series'; only if the company agreement contains a statement to the effect of those limitations; and only “if the company's certificate of formation contains a notice of the limitations.” The certificate of formation is the public document you filed when you formed the company. An operating agreement written two years later doesn't supply the notice, and the fix is an amendment.

The practical difference between the two forms is who can see them. A registered series has a name on the Secretary of State's record, which is what a title company or a lender looks for when a deed names something other than the LLC itself. A protected series has no public existence at all. That's the point of it, and it's also the problem. Nothing in the statute tells you how a particular county clerk or title underwriter will treat a deed naming a series as grantee, and we didn't verify it, so that's a conversation to have before the deed is drafted rather than at the recording counter.

statutes.capitol.texas.gov

What Creditors Can Reach, What the Texas Statute Says

The reason to hold a rental in an LLC is usually to keep a claim arising at the property from reaching everything else you own. The reverse question matters just as much and gets far less attention: if someone wins a judgment against you personally, can they reach the rental inside the LLC? That is what a state’s charging-order provision decides.

Texas's LLC act makes the charging order the exclusive remedy, and says so for single-member LLCs specifically.

The operative words are in Tex. Bus. Orgs. Code § 101.112(c): “A charging order constitutes a lien on the judgment debtor's membership interest. The charging order lien may not be foreclosed on under this code or any other law.” Subsection (d) makes the entry of a charging order “the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest.”

Subsection (f) adds that such a creditor “doesn't have the right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.” And subsection (g) settles the member-count question on the face of the statute rather than leaving it to inference: “This section applies to both single-member limited liability companies and multiple-member limited liability companies.”

Subsections (c) and (g) are recent in that form. They were added by Acts 2023, 88th Leg., R.S., Ch. 972 (S.B. 2314), § 1, effective September 1, 2023. Anything written about Texas charging orders before that date describes a statute that said less. If you're comparing states from an undated chart, this is one of the entries most likely to be stale.

What § 101.112 doesn't address is worth naming too. It governs what a judgment creditor of a member may do. It says nothing about a claim that arises at the property and runs the other way, nothing about a company that hasn't been kept separate from its owner, and nothing about a lender who holds both your personal guarantee and a lien on the building. We didn't verify what governs those questions in Texas and won't infer it here. One process note on sourcing: because the Legislature's public statute site wouldn't serve text to an automated reader, § 101.112 and chapter 101 generally were read from the Legislature's own document host at tcss.legis.texas.gov.

We are reporting what the section says, not what a court would do with your facts. Outcomes turn on how the LLC was capitalised, how it has been operated and what the creditor is owed, and none of that is something a page can assess. If the answer above is load-bearing for you, it is a question for a Texas attorney.

Authority: Tex. Bus. Orgs. Code § 101.112, statutes.capitol.texas.gov

Three Problems No State Transfer Rule Solves

These land the same way in Texas as everywhere else. One because it is federal law, two because they are contracts you signed. Which is exactly why they get left off state pages. They are also the three most likely to actually cost a landlord money, so they are here rather than buried.

The due-on-sale point is the one that generates the most bad advice. The Garn-St Germain Depository Institutions Act, at 12 U.S.C. § 1701j-3(d), bars a lender from enforcing a due-on-sale clause on nine categories of transfer of residential property of fewer than five dwelling units. The one people cite is the eighth: a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property. Neither that paragraph nor any of the other eight names a transfer to a limited liability company. The protection quoted for an LLC transfer is written for trusts, and the occupancy qualifier is the limb that matters most to a landlord, because a rental is occupied by someone else.

One honest caveat on that list. The ninth category is open-ended. It reaches any other transfer described in regulations issued under the Act, at 12 C.F.R. § 591.5(b), so it is a list that can be extended by regulation rather than a closed set fixed by the statute. We have not read those regulations end to end, and say so rather than describing the statute as more settled than we checked.

In practice lenders often do not call a loan when payments keep arriving, and that is genuinely what usually happens, but “usually not enforced” is a different thing from “not permitted,” and only one of them is a plan. The way to find out is to ask your servicer for written consent before you record, not after.

Which deed you use is a decision, not a formality. A quitclaim deed transfers whatever interest you happen to have and warrants nothing, which is why it is the cheap default for a transfer between yourself and your own company, and why title professionals warn against it. It can leave a gap in the chain of title that surfaces years later when you sell or refinance, and because it warrants nothing it gives the LLC no recourse against you if a defect turns up. A warranty deed carries the covenants across. Which one is appropriate depends on how the property was acquired and what your title history looks like, and it is a question worth asking before the deed is drafted rather than after it is recorded.

Tell your title insurer before you record. An owner’s title policy insures the person named in it. Convey the property to an LLC and the insured owner and the record owner are no longer the same. Which is the fact pattern in which coverage gets argued about at the worst possible moment, when a claim is already live. Some insurers will endorse an existing policy across to the entity, sometimes for a modest fee; some will not, and a new policy means a new premium on the current value. Either way it is a phone call before the deed rather than a discovery afterwards, and it belongs in the same budget as the tax above.

On the fourth thing people ask about: beneficial ownership reporting. Under 31 C.F.R. § 1010.380, a “reporting company” is an entity formed outside the United States and registered to do business in a State, and paragraph (c)(2)(xxiv) separately exempts any entity created by filing with a Secretary of State. A rental LLC you form in Texas is therefore exempt and files no beneficial ownership report. Pages telling you to file within 30 days of formation are describing the rule as it stood before March 2025. The exception runs the other way: an LLC formed in another country and registered to do business in Texas does still report. More on what compliance actually requires →

Does Texas Make You Register the Rental?

Not at the state level. Texas runs no statewide rental registry, so registration is a municipal question, and what a municipality may require varies, in some states a city can impose an annual licence with an inspection, and in others state law caps or forbids local registries outright. The LLC does not change the answer either way: the duty attaches to the rental unit, not to the form of the owner. Check with the city or county the property sits in.

The state's housing agency is the Texas Department of Housing and Community Affairs, and what it does is housing finance, rental assistance and a vacancy clearinghouse listing rent-reduced apartments. It operates no landlord registration, no rental license and no inspection scheme. The only state-level registration a Texas landlord actually encounters is with the Comptroller, and only where the property is let short-term. That's a hotel occupancy tax account, not a license for the dwelling.

An honest limit on that negative: we couldn't read Tex. Prop. Code ch. 92, the residential tenancies chapter, from a state host on this pass, because the Legislature's statute site serves a JavaScript shell to automated readers and the usual mirror returned 403 behind Cloudflare. Describing chapter 92 as a habitability, security-device and deposit chapter with no registry in it rests on state agency descriptions rather than on a section-by-section read. City-level short-term rental registrations are a separate question, and those do exist.

tdhca.texas.gov

If You Rent Short-Term in Texas

A short-term let is a different tax animal from a twelve-month tenancy, and the LLC has nothing to do with it. The lodging tax follows the stay, not the owner.

This is the Texas fact most likely to cost a reader money, and it runs the opposite way from what most owners assume. Texas has no marketplace-facilitator mandate for hotel occupancy tax. The Comptroller makes platform collection a matter of private agreement: “Short-term rental platforms (STRPs) that have an agreement with property owners to collect and remit state HOT on their behalf are required to collect and remit the tax. The collecting STRP must complete and submit Form AP-102.” Then the sentence that decides it: “If an STRP doesn't agree to collect state HOT on behalf of the property owner, the property owner is responsible for collecting and remitting state HOT to the Comptroller's office.”

Texas's marketplace provider rules live in Tax Code ch. 151 and reach sales tax; the hotel occupancy tax is ch. 156 and isn't covered by them. If you've assumed the platform handles this because it does in another state where you own property, the thing to read is your listing agreement.

The 30-day rule has a notice trap inside it. The Comptroller: “Guests who stay 30 or more days and notify the hotel in writing of their intention beforehand are exempt from the day of notification”; “Guests who don't notify the hotel must pay the tax the first 30 days and are exempt thereafter”; and “Any interruption in the term of occupancy will void the exemption.” A guest who happens to stay a long time isn't, for tax purposes, the same as a guest who said so in writing at the start.

Local hotel taxes stack on the same booking and are administered by the city, county or special-purpose district that levies them rather than by the Comptroller. In Houston a single night carries the state tax, a city tax, a county tax and a sports authority tax, and only the first of those appears on your Comptroller return.

Authority: Tex. Tax Code ch. 156, incl. § 156.001(b); Tex. Tax Code chs. 351 and 352 (municipal and county hotel taxes), comptroller.texas.gov

Who to Ask in Texas

Four offices, and none of them talks to the others. The county clerk where the property sits records the deed and quotes the filing charge. There's no state transfer tax desk to call, because there's no transfer tax. The Texas Comptroller of Public Accounts is the address for hotel occupancy tax, for Form AP-102 where a platform has agreed to collect, and for the property tax publications this page is built on; the edition of the Property Tax Code we read is published as 96-297-25 on comptroller.texas.gov.

The appraisal office that values your parcel is the only one that can tell you what limitation is currently on it and what the appraised value is against market, which is the number that decides whether the § 23.231 point matters to you at all. The Secretary of State takes a certificate of registered series if you go that route, though its site wouldn't respond to us, so expect to use the phone.

Forming the LLC Itself

Nothing about the formation process changes because the LLC will hold rental property, the articles, the registered agent requirement and the annual filing are the same as for any other Texas LLC. The walkthrough lives in the formation guide rather than being repeated here.

How to start an LLC in Texas →

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