What you actually have to do before paying your first Texas employee.
Federal EIN (you already have it)
You got the EIN at formation. Payroll runs on it; W-2s, 941s, 940s, and W-9s for contractors all reference it. Keep the IRS CP 575 confirmation letter handy.
I-9 and W-4 on day one
Every new hire completes Form I-9 (employment eligibility verification) and Form W-4 (federal withholding) on or before their first day. No state W-4 needed in Texas because there is no state income tax on wages.
Texas state unemployment insurance
Register with the Texas Workforce Commission before paying wages. Quarterly returns and contributions are due after the close of each quarter. Most employers pay SUI at the new-employer rate for the first 2-3 years before experience rating kicks in.
Texas state income tax withholding
Texas does not collect a general state income tax on wages, so no employer withholding registration is required at the state level.
Workers compensation
Texas is the only state where private-sector workers compensation is largely optional, but non-subscribers lose key liability protections. Most Texas employers carry coverage anyway.
New hire reporting within 20 days
Federal law requires every employer to report new hires within 20 days of hire (state may shorten this). The Texas new hire reporting portal accepts the filing in minutes. We track the 20-day window in your dashboard.
A clean handoff, in 7 steps.
Confirm your federal EIN is active
The EIN you received at formation is what payroll, IRS, and state agencies all reference. If you formed but never used the EIN, no issue; it stays valid indefinitely.
Register with Texas Workforce Commission
State unemployment insurance registration usually happens through an online portal. Provide your EIN, formation date, expected first payroll date, and entity information. Approval is typically same-day to a few business days.
Skip state withholding (Texas has none)
Texas does not collect a general state income tax on wages, so no employer withholding registration is required at the state level.
Buy or arrange workers compensation coverage
Texas is the only state where private-sector workers compensation is largely optional, but non-subscribers lose key liability protections. Most Texas employers carry coverage anyway. Quotes from any commercial carrier or, where applicable, the state monopolistic fund.
Set up your payroll system
You can run payroll yourself (Form 941 quarterly, Form 940 annually, W-2 / W-3 year-end) or use a payroll processor. The compliance layer is the same either way; we track deadlines and registrations regardless of the processor you pick.
Collect I-9 and W-4 from every new hire
I-9 (federal employment eligibility) within 3 business days of start date, W-4 (federal tax withholding) on or before day one. No state W-4 required in Texas.
Report the new hire within 20 days
Federal new hire reporting through the Texas new hire reporting program. Includes employee name, address, SSN, hire date, and your EIN.
Know your cost before you file.
Pricing for this service and any state fees are laid out in one place on our pricing page, passed through at cost with no markup. See exactly what your filing costs before you commit.
Common questions.
What do I need to do before hiring my first employee in Texas?
A few things must be in place before payroll runs: an active federal EIN, registration with Texas's labor and unemployment agency, workers' compensation coverage if Texas requires it, and a payroll system to withhold and remit taxes. You also collect I-9 and W-4 forms from each hire and report the new hire to Texas on time. We help line these up so your first paycheck is compliant rather than a scramble.
Do I need a separate state EIN for Texas?
Usually you need a Texas employer or withholding account number in addition to your federal EIN, and they are not the same thing. The federal EIN comes from the IRS; the state number comes from Texas's revenue or labor department when you register as an employer. States without income tax may not issue a withholding number but still require an unemployment account. We handle the Texas registrations.
Does Texas require workers compensation insurance?
It depends on Texas. Most states require workers' compensation once you have employees, sometimes from the very first one, while a few, Texas notably, make it optional. Where it is required, going without it risks heavy penalties and personal liability for a workplace injury. We flag Texas's rule and point you to coverage so you are not exposed on day one.
Does Texas collect state income tax on employee wages?
It depends on Texas. A handful of states, such as Texas and Florida, have no state income tax, so there is no state withholding to set up; most states require you to register for withholding and remit it with each payroll. We tell you which applies to Texas and configure payroll accordingly, so you are neither over- nor under-withholding.
When is the new hire report due in Texas?
Federal law requires reporting each new hire to the state, and Texas sets the deadline, commonly within 20 days of the start date, with some states shorter. The report goes to Texas's new-hire registry and supports child-support enforcement. Missing it carries small per-employee penalties that add up across hires, so we build it into your onboarding checklist rather than leaving it to memory.
Can I hire 1099 contractors in Texas without all this?
Yes, you can engage 1099 contractors in Texas without payroll registration, withholding, or workers' comp for them, which is why it is tempting. But misclassifying an employee as a contractor is a serious and common mistake: Texas and the IRS look at control and independence, not the label, and getting it wrong means back taxes and penalties. Classify by the real relationship, not by convenience.
What forms does Texas require for each new hire?
For every hire in Texas you collect a signed Form I-9 for employment eligibility and a federal Form W-4 for withholding, plus any Texas state withholding certificate where the state has income tax. You keep the I-9 on file and report the hire to Texas's registry. We give you the exact checklist so nothing is missed on the first day and your records hold up to an audit.
How often does Texas require employer payroll filings?
Texas and the IRS set deposit and filing schedules based on your payroll size, often monthly or semi-weekly for federal deposits, plus quarterly returns and annual W-2s, while Texas's unemployment and withholding filings follow their own calendar. A payroll system handles the timing so deposits and returns go out automatically, and we help you get set up so deadlines are not a manual chore.
Does File.Business run payroll for me in Texas?
We get you set up to hire compliantly in Texas: the EIN, the employer registrations, and the onboarding paperwork, and we connect you to payroll so pay runs, tax deposits, and filings happen on time. That way your first hire does not turn into a tax headache, and you can focus on the person you just brought on rather than the paperwork behind them.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked.