Owning Real Estate in Texas: Is it Considered Doing Business?

Is owning real estate doing business in Texas?
More intentional or longer-term activities, such as developing property in Texas, authorizing a franchisee, and maintaining a general purpose office and employees in Texas will constitute “”transacting business”” and subject the entity to registration.
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Real estate is a significant asset that presents a wide range of investment possibilities. However, Texas company laws must be carefully taken into account before purchasing real estate there. Texas views real estate ownership as a personal investment rather than a business. Consequently, owning property in Texas does not count as conducting business. Real estate ownership, however, may be viewed in some situations as conducting business.

For instance, you are deemed to be conducting business in Texas if you rent out your house or provide property management services. Contracting, setting up payment procedures, and handling tenant issues are all aspects of renting out a home, making it a legitimate commercial operation. In a similar vein, offering property management services necessitates managing upkeep, repairs, and tenant interactions, all of which count as legitimate company activities.

A typical business form that offers several benefits, such as less liability, tax advantages, and improved credibility, is incorporation. However, inclusion has significant drawbacks as well. Increased complexity, higher expenses, continuous compliance obligations, and restricted flexibility are four of incorporation’s biggest negatives.

Many people ponder whether it is preferable to run as a single proprietorship or as a corporation. Your financial status, risk tolerance, and business goals are just a few of the variables that will determine the answer. Simpler, more adaptable, and less expensive operations come with being a sole owner, but you also open yourself up to limitless personal liability. Limited liability protection is offered by incorporation, but there are additional administrative burdens, financial outlays, and continuous compliance duties.

In Texas, a single person can incorporate a firm. A corporation may be incorporated in the state with any number of shareholders or directors. To ensure compliance with state and federal laws, it is suggested to acquire legal and accounting guidance before establishing a corporation.

An official document known as a certificate of authority gives a foreign corporation permission to operate in Texas. Any organization founded outside of Texas and seeking to operate in the state is referred to as a foreign corporation. Following the submission of an application and payment of the necessary fees by the foreign corporation, the Texas Secretary of State’s office issues the certificate of authority.

In Texas, owning property is not typically regarded as a business, unless it involves leasing or managing the property. The decision to incorporate versus operate as a sole proprietor hinges on a variety of advantages and disadvantages. In Texas, one person can incorporate a firm, and a foreign corporation needs to get a certificate of authority to operate there. Before making any business decisions, it is advisable to consult a specialist.