Part of: Open a US LLC as a non-resident
Which state should a non-resident choose for a US LLC? Wyoming vs Delaware vs New Mexico
Updated October 9, 2026
Wyoming, Delaware or New Mexico? Compare state filing fees, yearly taxes and reports, and what each state makes public, with figures checked on the official state sites.
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Not legal or tax advice
If you live outside the US and want a US LLC, you can form it in any state. Three names come up again and again: Wyoming, Delaware and New Mexico.
This guide puts their official figures side by side. Every number below comes from the state’s own website, checked on October 9, 2026. Fees change, so confirm them on the state site before you file.
The three states at a glance
| Wyoming | Delaware | New Mexico | |
|---|---|---|---|
| State fee to form an LLC | $100 | $110 | Check the state’s current fee |
| Yearly obligation | Annual report with license tax | Annual LLC tax (no annual report) | Not confirmed on the state site |
| Yearly cost | $60, or assets in Wyoming × 0.0002, whichever is greater | $400 | Not confirmed on the state site |
| Due date | First day of the month you formed the LLC | On or before June 1, for the prior year | Not confirmed on the state site |
| Owner names on file | The state doesn’t say; everything you file is public | Not required to list members or managers | The state doesn’t say |
These are state fees only. A formation service or registered agent charges on top of them.
Why non-residents look at these three
Cost. Of the figures we could confirm, Wyoming has the lowest yearly minimum: $60. Delaware’s yearly LLC tax is $400, whatever the LLC earns.
Privacy. Delaware says LLCs don’t have to list members or managers. Wyoming says everything you file, online or on paper, becomes public, signatures included.
Taxes. You’ll often read that some of these states have no state income tax. The official pages we used don’t cover that, so we’ve left it out. Ask the state’s tax department or an advisor before you count on it.
Wyoming
Filing the Articles of Organization costs $100.
Every year, on the first day of the month you formed the LLC, you file an annual report and pay the license tax. The tax is $60 or two-tenths of a mill per dollar ($0.0002) of the company’s assets located and employed in Wyoming, whichever is greater. In practice, if those assets are $300,000 or less, you pay $60.
If you don’t pay within 60 days of the due date, the state can dissolve the LLC.
Delaware
Filing the Certificate of Formation costs $110.
Every Delaware LLC pays an annual tax of $400. There’s no annual report to file. The tax for the prior year is due on or before June 1.
Delaware doesn’t prorate it: the tax applies if the LLC is on the state’s records at any point in the year. If you pay late, the penalty is $200 plus 1.5% interest per month.
New Mexico
The New Mexico Secretary of State has moved all business filings to its online portal. The public pages we checked don’t list LLC fees or say whether LLCs file a yearly report, and we couldn’t confirm either on an official page.
If you’re leaning toward New Mexico, check the fee and any ongoing filings in the state portal before you pay.
Every state asks for a registered agent
Wyoming requires a registered agent with a physical address in Wyoming. A drop box isn’t accepted.
Delaware requires every business entity to have and maintain a registered agent in Delaware, with a physical office address in the state.
New Mexico’s online filing guide asks you to upload a Registered Agent Statement of Acceptance when you register a new business.
If you don’t live in the state, you’ll need a registered agent service to be your address there.
View at NorthwestDoing business in another state
The state you form in isn’t the only one that can matter. If your LLC does business in another US state, that state may require it to register there as a foreign LLC and pay its own fee.
For example, Wyoming requires entities doing business in Wyoming to qualify by filing for a Certificate of Authority, which costs $150 for an LLC. Delaware charges $200 to register an LLC formed elsewhere.
What about federal tax?
The IRS decides how it taxes your LLC based on the number of members and the elections it makes. By default, a single-member LLC is disregarded as separate from its owner for income tax, and an LLC with two or more members is a partnership. Either one can file Form 8832 to be treated as a corporation.
If you own the LLC from outside the US, also read our guide to Form 5472 for foreign-owned LLCs. This isn’t tax advice; check your case with a tax professional.
Compare the total cost
State fees are only part of the bill. Use the calculator to compare the total 3-year cost for each state and provider.
To choose who files for you, see our ranking of the best LLC services for non-residents. For the full process, read how to open a US LLC as a non-resident.
Sources
- Wyoming Secretary of State: Business Division filing fee schedule
- Wyoming Secretary of State: LLC Articles of Organization and instructions
- Wyoming Secretary of State: Annual report license tax worksheet
- Wyoming Secretary of State: How to Create a Wyoming Company
- Wyoming Secretary of State: Business entities FAQ
- Delaware Division of Corporations: Fee schedules
- Delaware Division of Corporations: LLC/LP/GP tax instructions
- Delaware Division of Corporations: How to form a new business entity
- Delaware Division of Corporations: FAQs
- New Mexico Secretary of State: Business Services
- New Mexico Secretary of State: Business user guides
- IRS: Limited liability company (LLC)
Accessed October 9, 2026.
Providers in this guide
- Northwest · Bizee vs Northwest
Frequently asked questions
Which of the three states costs less per year?
Between Wyoming and Delaware, Wyoming does. Its license tax starts at $60 a year, while Delaware charges every LLC $400 a year. We could not confirm New Mexico's figures on an official page, so check its business portal.
Do I need a registered agent in the state I choose?
Yes. Wyoming and Delaware require a registered agent with a physical address in the state, and New Mexico asks you to upload the agent's statement of acceptance when you file.
Can my LLC do business in other US states?
Yes, but a state where your LLC does business may require it to register there as a foreign LLC and pay that state's fee. Wyoming, for example, requires entities doing business in the state to qualify.
Does Delaware make me list the LLC's owners?
Delaware's Division of Corporations says LLCs and other alternative entities are not required to list members or managers.