Wyoming, New Mexico or Delaware — the best state for a non-resident LLC

Reviewed against official IRS sources · Updated 2026-10-16

For an online business run from outside the US, the state decides mostly one thing: what the LLC costs to keep every year. Federal tax is the same in every state, and banks accept LLCs from all of them (Wise excepts Nevada).

New Mexico is the cheapest to keep: no annual report and no yearly state fee. Wyoming costs $60 a year and has the best-known privacy and asset-protection laws. Delaware has a flat $300 tax every year and is worth it mainly if you plan to raise venture capital — and then usually as a corporation, not an LLC.

The exception: if the business has a physical presence in a state — an office, employees, a warehouse — it has to register there anyway, so form there.

On this page

The numbers side by side

StateFiling feeEvery yearOwners on public recordState tax to watch
New Mexico$50No annual report, $0NoGross receipts tax on NM sales
Wyoming$100Annual report: $60 minimum license taxNoSales tax
Delaware$110$300 flat LLC tax from year 2NoGross receipts tax
Montana$35$20 annual reportYesNone
Florida$125$138.75 annual reportYesSales tax
Texas$300Franchise-tax/info report (no tax below threshold)YesSales tax

Add a registered agent in every state — from about $15 a year in Wyoming to $49 elsewhere. State figures as checked on official state sources in October 2026; fees change.

Wyoming — the default choice

  • No state income tax, $60 minimum yearly license tax with the annual report.
  • Owners' names are not in the public filing.
  • Strong charging-order protection for single-member LLCs.
  • Cheap registered agents (from $15 a year) and fast online filing.

New Mexico — the cheapest to keep

  • $50 to form, no annual report, no yearly fee.
  • Owners' names are not in the public filing.
  • Weaker case law on asset protection than Wyoming.
“No annual report” means less to remember with the state — the IRS filing (Form 5472 or 1065) is still due every year.

Delaware — only if investors expect it

Delaware's Court of Chancery and corporate law are why venture funds want a Delaware C corporation. For an LLC that won't raise money, the $300 tax every year buys little.

What doesn't depend on the state

  • Federal tax and the IRS forms: a single-member LLC files Form 5472 with a pro forma 1120 in every state; several members file Form 1065.
  • The EIN — same SS-4, same IRS.
  • Bank eligibility — banks decide by the owners' countries, not by the LLC's state (Wise excepts Nevada).

Not sure which state?

The US LLC page compares all 50 states and DC by total first-year price and yearly cost, filters by what matters to you, and forms the LLC in the one you pick.

One price per state, all-in: state fee, registered agent for the first year, EIN and bank application.

Compare states and start

Frequently asked questions

For an online business with no US office, Wyoming or New Mexico. New Mexico is cheapest to keep (no annual report); Wyoming costs $60 a year and has stronger privacy and asset-protection law.

Not usually. Delaware charges a flat $300 LLC tax every year. It pays off for companies raising venture capital, which usually form Delaware C corporations.

Wyoming has no state income tax. The LLC pays the $60 minimum license tax with its annual report.

Yes, but if you have a physical presence — office, staff, inventory — in another state you must also register there as a foreign LLC, which adds a second set of fees.

Official sources

Horizance is not affiliated with the IRS. This guide is general information, not legal or tax advice.

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