Wyoming vs. Delaware vs. New Mexico for nonresident founders

By the FileUSLLC team · Last updated October 10, 2026 · General information, not legal or tax advice

Many U.S. guides tell you to form your LLC in your home state. If you live outside the U.S., you don't have one, so the choice works differently. These three states are common picks for founders abroad.

Costs at a glance

Fee data reviewed October 10, 2026. Delaware changed several fees on August 1, 2026, and the New Mexico figures should be confirmed at its Secretary of State. Check the official sites below before filing.

How to decide

1. Where will you actually operate?

If you have customers, staff or property in a particular U.S. state, that state may require you to register your LLC and pay its fees as well. Then a low-cost formation state can mean two sets of fees and two registered agents. If you operate only online from outside the U.S., this matters less. Ask a professional if unsure.

2. Do you expect U.S. investors?

Many U.S. investors are most familiar with Delaware. For venture funding, they often expect a corporation rather than an LLC. If that's your plan, ask an adviser before choosing an LLC at all.

3. What will it cost every year?

Wyoming's minimum annual report tax is $60. Delaware's flat LLC tax is now $400. See what changed. New Mexico lists no annual report fee, but confirm that with the state.

4. Privacy

Differences are smaller than marketing often suggests. Check what each state publishes about owners, and remember banks and the IRS still require owner information.

Our view

For a small online business owned from abroad with no U.S. investors in view, low ongoing cost is usually the practical difference. If investors or a specific operating state are in your plans, start with those instead. See the full comparison.