Most non-US founders forming a US LLC end up choosing between three states: Wyoming, Delaware and New Mexico. All three accept owners who live abroad, and none requires you to visit the US. The differences are in cost, yearly paperwork and what each state is known for.
The short answer
- Wyoming is a balanced, low-cost choice for most online businesses, freelancers and e-commerce sellers.
- New Mexico has the lowest formation fee and no annual report, which suits very small or test businesses.
- Delaware makes most sense if you plan to raise money from investors, usually as a C-Corporation rather than an LLC.
If you actually operate in another state (an office, staff or a warehouse there), you may need to register in that state as well. In that case, forming directly in that state is often simpler.
State fees side by side
| State | Formation fee | Yearly state cost | When it’s due |
|---|---|---|---|
| Wyoming | $100 | Annual report, $60 minimum | First day of your anniversary month |
| New Mexico | $50 | No annual report | — |
| Delaware | $110 | Annual LLC tax, $400 | June 1 |
Online state fees, last checked October 2026. States change fees, so we confirm before filing. Compare every state with our LLC state fee calculator.
On top of state fees, every LLC needs a registered agent in its state ($49/year with Ze Filing, in any state).
Wyoming: the all-rounder
Wyoming charges $100 to form an LLC online and a $60 minimum annual report each year (more only if the LLC holds over $300,000 of assets in Wyoming). The state has no state income tax, and the annual report is a short online form.
Good for: freelancers, agencies, Amazon, Etsy and Shopify sellers, SaaS and digital products. It balances low yearly cost with a well-known name that banks and payment platforms are used to seeing.
Keep in mind: the annual report is due every year on the first day of the month you formed the LLC. Missing it can lead to the LLC being dissolved by the state.
New Mexico: lowest running cost
New Mexico charges $50 to form an LLC and does not require an annual report. That makes it the cheapest of the three to keep running.
Good for: very small businesses, side projects and founders testing an idea who want the lowest fixed cost.
Keep in mind: “no annual report” does not mean “no filings”. A foreign-owned single-member LLC must still file Form 5472 with a pro forma 1120 with the IRS every year, in any state. You still need a registered agent too.
Delaware: built for investors
Delaware charges $110 to form an LLC. Its yearly LLC tax rose from $300 to $400 in 2026 and is due on June 1. Delaware is famous for its business courts and corporate law, which is why venture investors prefer Delaware companies.
Good for: startups planning to raise money. Most investors ask for a Delaware C-Corporation rather than an LLC, so if fundraising is your plan, start there.
Keep in mind: for a small LLC that will not raise money, Delaware usually costs more each year than Wyoming or New Mexico without a clear benefit.
First-year and yearly cost example
Here is what an LLC costs with Ze Filing in each state, using the state fees above, our $0 formation service fee (until December 31, 2026) and our $49/year registered agent:
| State | To form (first year) | Each later year (state + agent) |
|---|---|---|
| Wyoming | $100 + $49 = $149 | $60 + $49 = $109 |
| New Mexico | $50 + $49 = $99 | $0 + $49 = $49 |
| Delaware | $110 + $49 = $159 | $400 + $49 = $449 |
These totals don’t include your EIN, US tax filings (such as Form 5472) or optional services like a business address. See every price on our pricing page.
Owner privacy
In all three states the public formation document doesn’t need to list the owners (members). It shows the company name and the registered agent, and the person who files it may also appear. Your details still go to the IRS when you apply for the EIN and file Form 5472, and banks will ask who owns the company. Privacy from the public record is not the same as anonymity.
What is the same in every state
- No SSN needed. You can form the LLC and get an EIN as a non-resident without an SSN or ITIN.
- Federal filings. A foreign-owned single-member LLC files Form 5472 with a pro forma 1120 every year, whichever state you choose. Missing it can cost $25,000.
- Banking. The state does not decide whether a bank accepts you. Your country of residence and business type matter more. See our bank account guidance.
- Registered agent. Required in every state.
Mistakes to avoid when choosing
- Choosing on formation fee alone. The yearly cost matters more over time. Delaware’s $400 yearly tax quickly outweighs a small difference in setup fees.
- Ignoring where you really operate. If you have a warehouse, staff or an office in a state, that state may require registration and fees no matter where you formed.
- Expecting the state to unlock a bank. Banks look at where the owner lives and what the business does, not just the formation state.
- Forgetting the deadlines. Wyoming’s report is due in your anniversary month and Delaware’s tax on June 1. Late filings bring fees and can end with the state dissolving the LLC.
What happens after formation
Once the state approves your LLC, the next steps are the same everywhere: sign an operating agreement, get an EIN, open a business account with a provider that accepts you, and put your Form 5472 and state deadlines in your calendar. Our client portal keeps your documents and reminders in one place.
Questions to answer before you file
- Who will own the LLC, and in what percentages? One owner and several owners are taxed differently.
- What will the business do, and where are its customers? Payment platforms ask this too.
- Do you have a business name that is free to use? We check availability in your chosen state before filing.
- Will you need a US mailing address for banks or platforms? A registered agent address usually isn’t accepted for that.
- Who will keep track of the yearly deadlines? Put the state report and Form 5472 dates in a calendar from day one.
How to choose in three questions
- Will you raise money from investors soon? If yes, look at a Delaware C-Corporation.
- Will you have staff, an office or inventory in a specific state? If yes, consider forming in that state.
- Otherwise: choose Wyoming for a balanced option, or New Mexico for the lowest yearly cost.
Our LLC formation service fee is $0 until December 31, 2026; you pay the state fee and $49/year registered agent. Build your order and see the total upfront on our company formation page, or read more about our US LLC formation service.