The short answer
- Wyoming is the best default: $100 to form, a $60 annual minimum, no state income tax, and universal familiarity among banks and providers.
- New Mexico is cheapest to maintain ($50 to form, no annual report) but less familiar to banks.
- Delaware raised its LLC annual tax from $300 to $400 starting with tax year 2026. Choose it only for venture-capital plans.
- Form in Florida or Texas only if you genuinely operate there. Your home state does not apply — you do not have one.
US residents are usually told to form in their home state. Non-residents do not have one, which leaves a free choice — and a lot of marketing noise about “tax havens” and “anonymity”. Strip that away and four factors matter:
- What it costs to keep the LLC in good standing every year — far more important than the one-time filing fee.
- How recognisable the state is to banks, payment processors and marketplaces.
- Whether the state taxes you when you have no operations there.
- Whether you will raise investment, which favours Delaware (and usually a C-corp).
The five states at a glance
| State | Filing fee | Annual cost | Due | Best for |
|---|---|---|---|---|
| Wyoming | $100 | $60 Annual report + license tax ($60 minimum) | First day of the anniversary month | Most non-resident founders: low, predictable upkeep and no state income tax. |
| New Mexico | $50 | $0 No annual report | — | The lowest possible upkeep when you only need a legal shell. |
| Delaware | $110 | $400 Annual LLC tax ($400 from tax year 2026) | June 1, for the prior calendar year | Founders who expect to raise venture capital or convert to a C-corp. |
| Florida | $125 | $138.75 Annual report | Between January 1 and May 1 | Founders with real operations, staff or customers in Florida. |
| Texas | $300 | $0 Franchise tax report (no tax due under $2.65M revenue) | May 15 | Founders with Texas operations or an Amazon/3PL presence in Texas. |
State fees checked Oct 28, 2026 against each state’s filing office. Registered agent fees are separate.
Wyoming: the default for a reason
Wyoming charges $100 to file and an annual license tax of $60 (more only if your Wyoming-located assets exceed $300,000, which a non-resident online business will not have). There is no state income tax. Every formation service, registered agent and fintech bank has processed thousands of Wyoming LLCs owned by foreign founders, so you will not be the odd case in anyone’s compliance queue.
The one trap: the annual report is due on the first day of your anniversary month, and Wyoming administratively dissolves companies that stay delinquent for about 60 days. Put it on a calendar, or use a provider that files it for you.
New Mexico: lowest upkeep, slightly more friction
New Mexico charges $50 to file and has no annual report. If all you need is a legal shell to hold a payment account, it is the cheapest state to maintain. The trade-off is familiarity: fewer providers default to it and some banks ask more questions. You still need a registered agent every year. Filing is online-only.
Delaware: for venture capital, not for saving money
Delaware’s corporate law and courts are the reason venture investors prefer Delaware C-corporations. For an LLC, the advantage is much smaller and the cost is higher: House Bill 400 raised the annual LLC tax from $300 to $400, applying from tax year 2026, with the first $400 payment due June 1, 2027. Many comparison sites still quote $300.
If you are raising money, see Stripe Atlas or Firstbase, and talk to an advisor about a C-corp. If you are not, Delaware mostly costs you $340 a year more than Wyoming.
Florida and Texas: only if you operate there
Both are excellent states for businesses that actually have a presence there. For a non-resident with no US operations they are simply more expensive: Florida’s annual report is $138.75 with a $400 late fee after May 1, and Texas charges $300 to file and requires an annual franchise tax Public Information Report even when no tax is due.
Three-year cost, same provider, different state
Holding everything else equal (DIY filing, a $100/yr registered agent, EIN obtained yourself), here is how the state alone changes the bill:
| State | Year 1 | Years 2–3 (each) | 3-year total |
|---|---|---|---|
| New Mexico | $150 | $100 | $350 |
| Wyoming | $200 | $160 | $520 |
| Texas | $400 | $100 | $600 |
| Florida | $225 | $238.75 | $702.50 |
| Delaware | $210 | $500 | $1,210 |
Run your own combination of state and provider in the cost calculator.
What does not matter as much as you think
- “Anonymity.” Wyoming and New Mexico do not publish member names, which keeps your name off a public search. It does not hide you from banks, the IRS or law enforcement — every bank and the IRS will know exactly who owns the company.
- “No state income tax.” As a non-resident without US operations you would rarely owe state income tax in any of these states. Your federal and home-country position matters far more.
- Your customers’ location. Selling to customers in California does not require forming in California. Sales-tax obligations depend on where you sell, not where you form.
Frequently asked questions
Is Wyoming better than Delaware for a non-resident LLC?
For most non-residents, yes. Wyoming costs $60 a year to maintain versus $400 in Delaware, and the legal advantages of Delaware matter mainly to venture-funded corporations, not small LLCs.
Do I pay Wyoming state income tax as a non-resident?
No. Wyoming has no corporate or personal income tax. Federal rules and your home country’s rules still apply.
Can I change states later?
Yes, through domestication or conversion where both states allow it, or by forming a new entity. It costs filing fees and paperwork, so it is worth choosing well at the start.
Why not just pick the state with the lowest filing fee?
Because the filing fee is paid once and the annual fee is paid every year. Over three years New Mexico, Wyoming and Delaware differ by hundreds of dollars — mostly in upkeep, not formation.
Sources
Read next
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