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Comparison · Updated October 30, 2026

Best state for an LLC as a non-resident

If you don't live or operate in the US, you can form your LLC in any state. The choice mostly comes down to yearly cost, privacy and whether you plan to raise investment.

Quick answer

Wyoming is the best all-round choice for most non-residents: low fees, strong LLC law, owner privacy, and supported by most formation services. New Mexico is the cheapest to maintain. Choose Delaware only if you plan to raise venture capital or convert to a C-Corp.

State fees compared (2026)

StateFormation feeYearly state costWhen dueOwner privacy
Wyoming$100$60 minimum1st day of anniversary monthMembers not on public filings
New Mexico$50$0No annual reportMembers not required on Articles
Delaware$110$400 annual LLC taxJune 1Members not on public filings
Florida$125$138.75May 1 ($400 late fee)Members/managers public

Sources: Wyoming fees, New Mexico fees (verified Oct 2026), Delaware and Florida fee schedules (Aug 2026). Registered agent fees (about $50–300/yr) are extra in every state. Always confirm on the Secretary of State's site.

Delaware raised its LLC tax in 2026Many guides still say $300. Delaware's annual LLC tax is now $400, applied retroactively to January 1, 2026, and due each June 1.

Wyoming: the default for most non-residents

Wyoming combines a $100 formation fee, a $60 minimum yearly license tax (for LLCs with under $300,000 of assets in the state), no state income tax and a mature LLC statute. It does not require member names on public filings, and nearly every formation service supports it.

New Mexico: lowest yearly cost

New Mexico charges $50 to form and nothing after that: no annual report and no franchise tax for pass-through LLCs. The trade-offs: its LLC law is less tested in court, and fewer services form there. Northwest does; Atlas does not, and independent trackers report that Firstbase and doola do not either — check before you choose a service.

Delaware: only if you're raising money

Delaware's courts and corporate law are the standard for venture-backed companies. For a single-member LLC selling services or products, that advantage rarely matters, and the $400 yearly tax makes it the most expensive of the four.

Florida and your "home" state

Florida has no structural advantage for non-residents. If you actually live or run operations in a US state, you will usually need to register there anyway — speak to a local professional.

What the state does not changeYour federal obligations are the same in every state: an EIN, and for a foreign-owned single-member LLC, Form 5472 with a pro forma Form 1120 every year. Read the Form 5472 guide.

Compare total costs in the calculator

MB

Written by Mhamed Issam Belafqih, licensed accountant (comptable agréé) in Casablanca, Morocco, in practice since 2016. Last reviewed October 30, 2026. Not legal or tax advice — see our method.