How to Get an EIN in Texas (2026)
An EIN for a Texas business comes from the IRS, not from any Texas agency, and it is free. The fastest route is the IRS online application, which issues the number immediately on approval. You may apply for only one EIN per responsible party per day, and applicants without a US taxpayer ID must use Form SS-4 by phone, fax, or mail.
Quick Answer
- Cost
- $0 - the IRS never charges for an EIN
- Issuing agency
- Internal Revenue Service (not the Texas Secretary of State)
- Fastest method
- IRS online application - EIN issued immediately
- Daily limit
- One EIN per responsible party per day
- Alternative
- Form SS-4 by phone, fax, or mail
- Needed first
- Responsible party's SSN or ITIN; form the entity before applying
What an EIN Is and When a Texas Business Needs One
An Employer Identification Number is a nine-digit federal tax ID the IRS assigns to a business. It identifies the business on federal returns the way a Social Security number identifies an individual. Texas does not issue its own equivalent - the Comptroller and the Secretary of State use their own taxpayer and file numbers, but they are not EINs.
You must have an EIN if the business has employees, operates as a corporation or partnership, files employment or certain excise tax returns, or withholds tax on payments to a nonresident alien. A single-member LLC with no employees is not strictly required to have one for income tax, because it is a disregarded entity, but it needs one for employment taxes if it hires, and virtually every bank requires one to open a business account.
The IRS is explicit that the number is free: "Beware of websites that charge for an EIN. You never have to pay a fee for an EIN." Any service charging you is charging for form-filling, not for the number.
Form the Texas Entity First
Apply in the right order. If you are forming an LLC or corporation, complete the state filing before you request the EIN, so the legal name on the IRS record matches the name on the Texas record. Filing the EIN application first and then changing the entity name creates a mismatch that takes correspondence to fix.
In Texas, a domestic LLC is created by filing Form 205, Certificate of Formation, with the Texas Secretary of State; the filing fee is $300. See how to form an LLC in Texas and the Texas Certificate of Formation. A sole proprietor with no entity can apply for an EIN directly, using their own name as the responsible party.
Step 1: Identify the Responsible Party
Every EIN application names a responsible party: the individual who controls, manages, or directs the entity and the disposition of its funds and assets. For a small Texas LLC that is usually the owner. The IRS requires the responsible party to be a natural person, not another entity, unless the applicant is a government entity.
The application requires the responsible party's Social Security number or ITIN. If you do not have either, you cannot use the online tool and must apply by phone, fax, or mail instead. See what an ITIN is if you are a foreign owner.
Step 2: Apply Online (Fastest)
The IRS online EIN assistant is the fastest route and issues the number immediately on approval. It is available Monday through Friday from 6:00 a.m. to 1:00 a.m. Eastern time, Saturday from 6:00 a.m. to 9:00 p.m., and Sunday from 6:00 p.m. to midnight.
Two constraints matter. The session must be completed in one sitting - the tool times out after a period of inactivity and does not save progress. And you may apply for only one EIN per responsible party per day, so an owner setting up several entities has to spread the applications across days.
Download and save the confirmation notice as soon as it appears. Retrieving a lost EIN later means calling the IRS Business and Specialty Tax line and answering identity questions.
Step 3: Apply by Phone, Fax, or Mail (Form SS-4)
If you cannot use the online tool - most often because the responsible party has no SSN or ITIN, or because the principal place of business is outside the United States - use Form SS-4. International applicants may call the IRS to obtain an EIN by phone; the number for international applicants is published on the IRS EIN page.
Fax and mail are slower. Complete Form SS-4 fully, including the responsible party, the entity type, the reason for applying, and the date the business started, then send it to the fax number or address listed in the Form SS-4 instructions for your situation. Plan around the delay: apply well before a bank appointment or a payroll start date.
What to Do With the EIN in Texas
The EIN unlocks the rest of your setup. Use it to open a business bank account, to run payroll, to file federal returns, and to give to clients on Form W-9 instead of your Social Security number.
Texas-specific next steps run through two agencies. The Texas Comptroller administers the franchise tax: taxable entities file annually by May 15, and for the 2026 report the no-tax-due threshold is $2.65 million in annualized total revenue - but entities under the threshold still file a Public Information Report or Ownership Information Report. If you sell taxable goods or services, you also need a Texas sales and use tax permit. See Texas LLC tax filing.
Texas Has No State Income Tax - But You Still File Federally
Texas imposes no personal income tax, so a Texas LLC owner files no state return on business profit. That does not reduce federal obligations. A single-member LLC still files Schedule C, and self-employment tax at 15.3% still applies on Schedule SE; see self-employment tax.
The EIN is also the identifier used if you later elect S corporation treatment on Form 2553 and begin filing Form 1120-S. Compare the options in S-corp vs LLC before electing.
Common EIN Mistakes
- Paying a third party. The EIN is free directly from the IRS.
- Applying before the entity exists. Form the LLC first so the names match.
- Listing an entity as the responsible party. The IRS requires a natural person.
- Requesting several EINs in one day. The limit is one per responsible party per day.
- Losing the confirmation notice. Save the PDF immediately.
- Getting a new EIN after a simple name change. Most name or address changes are reported to the IRS, not solved with a new number.
If the responsible party changes, the IRS requires the update on Form 8822-B within 60 days. Keeping that record accurate is what ensures IRS notices reach the right person rather than a former owner.
Frequently Asked Questions
How much does an EIN cost in Texas?
Nothing. The IRS issues EINs free and warns against sites that charge for one.
How long does it take?
Immediately, if you use the IRS online application and it is approved. Form SS-4 by phone, fax, or mail takes longer.
Does Texas issue its own EIN?
No. Texas assigns a Secretary of State file number and a Comptroller taxpayer number, but neither is an EIN.
Do I need one for a single-member LLC?
Not always for income tax, but yes to hire employees, for certain excise taxes, or to elect corporate treatment - and banks require it.
Can I get an EIN without an SSN?
Yes, on Form SS-4 by phone, fax, or mail. The online tool requires an SSN or ITIN; see what an ITIN is.
How many EINs per day?
One per responsible party per day, no matter how many entities you are forming.
Related
- How to get an EIN (cluster hub)
- What is an ITIN?
- How to form an LLC in Texas
- Texas Certificate of Formation
- Texas Articles of Organization
- Texas LLC tax filing
- Texas annual report and franchise tax
- Texas registered agent requirements
- Texas business entity search
- Texas business license requirements
- Texas DBA filing
- How to dissolve an LLC in Texas
Sources
- IRS - Get an Employer Identification Number (free; online hours; immediate issuance; one per responsible party per day).
- IRS - About Form SS-4 (application for EIN).
- IRS - Single member limited liability companies (EIN needed for employment taxes).
- IRS - Do you need an EIN?
- IRS - About Form 2553 (S corporation election).
- Texas Secretary of State - Formation of Texas entities FAQs (Form 205; $300 filing fee).
- Texas Secretary of State - Business organization forms.
- Texas Comptroller - Franchise tax (May 15 due date; 2026 no-tax-due threshold $2.65 million).
- Texas Comptroller - Sales and use tax permit.
- Texas Comptroller - 2026 franchise tax report forms.
LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current amounts with the IRS, the Texas Secretary of State, and the Texas Comptroller before acting.