Alabama vs Montana LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Alabama charges $200 to form an LLC; Montana charges $35. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, Montana runs about $165 less in total state fees than Alabama. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, Alabama typically clears standard online filings faster than Montana. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- Montana costs $165 less to form ($35 vs $200).
- Alabama imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. Montana does not.
- Alabama has no annual report filing at all. Montana requires an annual (or biennial) report every reporting period.
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
What each state offers that the other does not
Only Alabama
- No annual report
Only Montana
- Paid expedited tier
- No state sales tax
- No entity-level franchise or LLC tax
Both states
- Online filing
- No publication requirement
- Operating agreement not statutorily required
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in Alabama, business operates there No foreign LLC registration needed. You pay Alabama fees only. | $300 | $100 | $500 |
| You live in Montana, business operates there No foreign LLC registration needed. You pay Montana fees only. | $135 | $100 | $335 |
| Non-resident forming in Alabama with operations elsewhere You pay Alabama's fees plus a typical home-state foreign LLC registration of about $200 per year. | $500 | $300 | $1,100 |
| Non-resident forming in Montana with operations elsewhere You pay Montana's fees plus a typical home-state foreign LLC registration of about $200 per year. | $335 | $300 | $935 |
Alabama vs Montana: full comparison
| Dimension | Alabama | Montana |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 3 business days | 5 business days |
| Expedited option Paid fast-track filing | Not offered | $20 |
| Annual report Required in addition to tax | None | Required, $0 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | Yes | Yes |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $150 | $70 |
| State sales tax General statewide rate | 4.0% | None |
Taxes in Alabama and Montana
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
Alabama tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.5%.
Montana tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.8%.
Ongoing compliance
The recurring filings each state requires after formation.
Alabama
No annual state filing. Registered agent required in Alabama.
Montana
Annual report $0, due 04/15 each year. Registered agent required in Montana.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
Alabama
- Check business-name availability on the Alabama entity search.
- Appoint a registered agent with a physical Alabama street address.
- File Domestic Limited Liability Company Certificate of Formation for $200.
- Wait for approval. Online typically 3 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Alabama statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- No annual state filing required in Alabama.
Montana
- Check business-name availability on the Montana entity search.
- Appoint a registered agent with a physical Montana street address.
- File Articles of Organization for Domestic Limited Liability Company for $35.
- Wait for approval. Online typically 5 business days. Paid expedite from $20.
- Adopt an operating agreement (recommended, not required by Montana statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $0 when it comes due.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both Alabama and Montana (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Alabama or Montana does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
Alabama Secretary of State, Business Entities Division
- Website
- www.sos.alabama.gov
- Phone
- (334) 242-5324
- business.services@sos.alabama.gov
- Business Entities Division, P.O. Box 5616, Montgomery, AL 36103-5616
- Office
- RSA Plaza, Suite 580, 770 Washington Ave., Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Montana Secretary of State - Business Services Division
- Website
- sosmt.gov
- Phone
- (406) 444-3665
- sosbusiness@mt.gov
- Business Services, Montana Secretary of State, P.O. Box 202801, Helena, MT 59620-2801
- Office
- State Capitol, Room 260, 1301 6th Avenue, Helena, MT 59620
- Hours
- 8:00 AM to 5:00 PM Mountain, Monday to Friday
Alabama Department of Revenue
- Website
- www.revenue.alabama.gov
- Phone
- (334) 242-1170
- Alabama Department of Revenue, P.O. Box 154, Montgomery, AL 36135-0001
- Office
- 375 S. Ripley Street, Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Montana Department of Revenue
- Website
- mtrevenue.gov
- Phone
- (406) 444-6900
- Montana Department of Revenue, P.O. Box 8021, Helena, MT 59604-8021
- Office
- 125 N Roberts Street, Helena, MT 59601
- Hours
- 8:00 AM to 5:00 PM Mountain, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Alabama or Montana?
Montana is cheaper at formation ($35) than Alabama ($200). Ongoing costs are also different: $100 vs $100 per year. Total over three years: $335 vs $500.
-
Can I form an LLC in Alabama if I live in Montana?
Yes, but your Montana business will almost certainly need to register as a foreign LLC in Montana too, which means paying Montana's foreign registration fee and any ongoing Montana obligations on top of the Alabama ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in Alabama vs Montana?
Alabama online: 3 business days; Montana online: 5 business days. Alabama does not offer paid expedite. Montana offers paid expedite from $20.
-
Which state has lower taxes for an LLC, Alabama or Montana?
Alabama: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Montana: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Alabama and Montana both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
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Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Alabama or Montana to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More Alabama and Montana comparisons
More Alabama vs ...
Sources
- Filing fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page lists the domestic LLC Certificate of Formation filing fee as $200.00. The $200 consists of a $100 Secretary of State fee plus a $100 county filing fee distributed to the county of the registered agent, per the form instructions. - Filing fee: www.alabamainteractive.org/sos/introduction_input.action · verified April 21, 2026
When filed online through Alabama.gov (Alabama Interactive), the domestic LLC filing shows $100 Secretary of State Fee + $100 County Fee plus an $8 portal processing fee for non-subscribers, for a $208 total day-one online cost. Filers must also obtain a Certificate of Name Reservation ($25 state fee + $3 online portal fee = $28 online, or $25 by mail) before filing the Certificate of Formation per Ala. Code Section 10A-1-4.02(f). - Expedited filing: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State does not advertise a paid expedite service for LLC Certificates of Formation. Online filings via Alabama.gov typically process within 1 to 3 business days. Recorded as offered: false. - Annual report fee: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama has no separate Secretary of State annual report for LLCs. The annual entity-level filing is the Business Privilege Tax return (Form PPT) filed with the Department of Revenue. Under Act 2022-252 (signed 2022), the BPT minimum was reduced to $50 for tax year 2023 and, for tax years beginning on or after January 1, 2024, entities whose BPT would be only the minimum are fully exempt from BPT and do not have to file a return. See Alabama DOR FAQ: 'For taxable years beginning on or after January 1, 2024, every corporation, limited liability entity, and disregarded entity...who would otherwise be subject to the minimum tax due shall be exempt from the privilege tax.' - Franchise tax: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama Business Privilege Tax per Ala. Code Section 40-14A-22. Historical minimum $100 and maximum $15,000. Under Act 2022-252, entities owing only the minimum are exempt from both tax and return filing for tax years beginning on or after January 1, 2024. We classify BPT as a net-worth-based franchise tax for compare purposes. annualMin reported as 0 because a small LLC typically owes nothing starting 2024; annualMax retains the $15,000 statutory ceiling that still applies to larger entities. - Operating agreement requirement: law.justia.com/codes/alabama/title-10a/chapter-5a/ · verified April 21, 2026
Alabama Limited Liability Company Law of 2014, Ala. Code Sections 10A-5A-1.01 et seq. Section 10A-5A-1.02 defines operating agreement as the agreement of the members, which may be oral, in a record, implied, or any combination. No statute requires a written operating agreement. Recorded as not required. - Foreign LLC registration fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page: Foreign LLC Application for Registration filing fee is $150.00 by mail, or $150.00 (plus Alabama.gov portal service charge) online. Name reservation also required before filing. - Publication requirement: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama does not require newspaper publication of LLC formation. Alabama's LLC Law (Title 10A, Chapter 5A) contains no publication requirement. - Business name search: arc-sos.state.al.us/cgi/corpname.mbr/input · verified April 21, 2026
Alabama Government Records Inquiry System business entity name search. Confirm availability before filing a Name Reservation Request Form for Domestic Entities. - Sales tax rate: www.revenue.alabama.gov/sales-use/tax-rates/ · verified April 21, 2026
Alabama Department of Revenue Sales and Use Tax Rates page. General state sales tax rate is 4%; automotive and farm rates are 2% and 1.5% respectively. State sales tax rate on food and food ingredients was reduced from 3% to 2% effective September 1, 2025. Local option adds up to about 7 additional percentage points (combined rates often 8% to 10%). - Corporate income tax rate: www.revenue.alabama.gov/faq-categories/corporate-income-tax/ · verified April 21, 2026
Alabama corporate income tax FAQ: 'For tax years beginning January 1, 2001, the tax rate is 6.5%.' Alabama has no minimum corporate income tax. The 6.5% rate applies to C-corp income; default-classified LLCs are taxed as pass-throughs and do not owe this entity-level tax. - Filing fee: sosmt.gov/business/fees/ · verified April 21, 2026
Montana SoS Business Services fee schedule: Articles of Organization filing fee = $35.00 (plus $50 per series member for a series LLC). All business filings are online-only through biz.sosmt.gov. - Expedited filing: sosmt.gov/business/fees/ · verified April 21, 2026
Expedited service: 24 hours = $20, 1 hour = $100. We record the cheapest tier (24-hour) as the default. - Foreign LLC registration fee: sosmt.gov/business/fees/ · verified April 21, 2026
Foreign LLC Certificate of Authority filing fee = $70.00 (plus $50 per series member for a series LLC). - Operating agreement requirement: archive.legmt.gov/bills/mca/title_0350/chapter_0080/part_0010/sections… · verified April 21, 2026
Montana Limited Liability Company Act, MCA Title 35, Chapter 8, does not require a written operating agreement. MCA 35-8-102 defines 'operating agreement' broadly; the statute lets the default provisions of Chapter 8 govern if no operating agreement exists. - Publication requirement: sosmt.gov/business/ · verified April 21, 2026
Montana statutes and SoS filing instructions contain no LLC publication requirement. - Annual report fee: sosmt.gov/secretary-christi-jacobsen-continues-montana-business-suppor… · verified April 21, 2026
Montana SoS announced that the annual report filing fee is waived for 2026 and 2027 for on-time filings (Jan 1 - Apr 15). Fourth consecutive year of waiver. Late filings after April 15 remain $35. Cross-referenced with the fee schedule at https://sosmt.gov/business/fees/. - Franchise tax: revenue.mt.gov/taxes/corporate-income-tax · verified April 21, 2026
Montana Department of Revenue: no franchise tax on LLCs. Only entities that elect C-corp status pay the corporate income tax, which is not a franchise tax. Pass-through LLCs owe no entity-level state tax. - Corporate income tax rate: revenue.mt.gov/taxes/corporate-income-tax · verified April 21, 2026
Montana corporate income tax: 6.75% standard rate; 7% for water's-edge election; $50 minimum tax. LLCs that default to pass-through do not owe this tax. - Sales tax rate: mtrevenue.gov/ · verified April 21, 2026
Montana has no general statewide sales tax (0%). Industry-specific taxes apply to lodging, rental cars, and a few other categories but not to general retail. - Business name search: biz.sosmt.gov/search/business · verified April 21, 2026
Montana SoS Online Business Services entity name search. Confirm name distinguishability before filing. - Online filing portal: biz.sosmt.gov/ · verified April 21, 2026
Montana SoS Online Business Services portal. Montana accepts LLC formation filings online only; mail filings are not accepted for Articles of Organization. Standard processing averages 3-6 business days; expedite tiers available.