Any of you have experience with creating an LLC here in Texas? Looking to create one for my part time lawn care business. Was going to use legal zoom until they asked about using them as a registered agent which cost about $250 per year. If I'm working out of my home, can I be my own registered agent? Any reasons why I should be paying to have a registered agent? Any advice would be much appreciated. Thanks.

im sure it is easier and cheaper to file on your own, that being said I have used Legal Zoom for 2 llc and I am my own registered agent.

Ask Joe and Hunter, they are well versed in LLC’s!

Just go directly to the Secretary of State. You’re your own registered agent and you don’t have to pay any [censored] web fees. It’s the exact same paperwork they charge you to submit anyway.

This, I did my own LLC and DBA's along with my father in laws for his food truck. Very straight forward and easy to do. I never pay someone to do something I can do on my own.

Thanks fellas. I went through the motions of legal zoom just to see what it's like. I opted out for everything they tried up charging and the total at the end was $301. I didn't submit though.

You can do it in your own through (I believe the Texas Comptrollers office) but if I remember correctly the last one I created earlier this year was around $350 doing it on my own.

Nothing wrong with being your own registered agent, but be aware that if you are running it out of your house, your home address will be publicly listed.

Hire an actual Attorney that actually knows how to do this the right way. There are plenty of then on here or the TFF, Uncle Zeke...

It may cost a couple of hundred bucks but you will know it was done right.
Legal zoom and similar sites are just very general and a lot of times the docs created there aren't properly State specific in language and if you rely on then in a Court situation your butt is hanging out there in a hurricane.

https://www.sos.state.tx.us/corp/forms/205_boc.pdf

Fill it out and submit it. Easy as pie.

For a part time lawn care business I would not mess with the attorney fees.

Why do you want the LLC ? Does your net worth justify it? I have two LLCs and they serve their purpose but many times they are needed. There are annual tax filing implications and costs associated
with them that are better off avoided if possible.

It was recommended due to liability in the case I was to ever get sued. Also planning on getting general liability insurance. I thought the tax breaks I could use for all my equipment, truck, expenses, etc would help out. The lawn care side business will just be some extra money, not looking to turn it into some big thing with lots of clients. 15 - 20 clients max is where I plan on being on smaller properties all close to me.

For something small like that you could do an LLC with an S Corp election. Saves time and money on taxes. If you’ve got a good CPA, they’re the best to talk to about company formations as they know the tax laws the best

Thanks. Two things I'm unsure about here in Texas.

Single Member vs Multi Member
Manager Managed vs Member Managed

If I'm just a solo part timer which of these is the best way to go? Should I add my wife onto the LLC or just keep myself only on there?

Single member, member managed. Since there are no other partners it will be considered a "disregarded entity" for tax purposes. It will just go on a schedule C when you file the taxes.

We have a Corporate Council in the family...she said "Just go to the SOS site and fill out the info".

She did advise talking to a CPA about recording keeping and the use of your own SS# vs an IEN for the LLC.

The IEN is equally simple to get and prevents you from needing to broadcast you SS# as part of the business dealings.

Another option may be to get a balloon policy through your insurance company.

Is that the same as an umbrella policy?

I had an attorney tell me that the "corporate veil" of a LLC is too easy to break to go through the expense and tax hassle of doing it. He said to just get a good umbrella.

Setting up a LLC S corp is more about paying less taxes than protection in my opinion.

Just get both, how much is a 2 million umbrella policy? $200 or less........

Just set up a DBA what that runs about 20 bucks for 10 years? Put a umbrella policy on your house say 1 million buck will be less than $200 and go from there.

If you start making bank then think about going LLC later

This happens a lot when you are a "one man show". For example: if you were to drive your lawn mover into your customer's pickup, they would sue your LLC and you personally because you were driving.

I like the idea of the tax breaks with the LLC.

If I get both LLC and Umbrella Policy I still have to get Genral Liability Insurance correct?

FWIW - I see these filings and documents screwed up about once a week. If you are doing this for liability purposes, make sure and (1) do it right and (2) treat it as a if it were a separate person in all you do with it in the future. Otherwise, should you get sued, your efforts could easily be in vain.

Wouldn't most guys just pay out of pocket? And not mess with going thru insurance