Is it cheaper to form an LLC in Delaware or Wyoming?

Wyoming is cheaper at formation ($100) than Delaware ($110). Ongoing costs are also different: $160 vs $400 per year. Total over three years: $580 vs $1,310.

Can I form an LLC in Delaware if I live in Wyoming?

Yes, but your Wyoming business will almost certainly need to register as a foreign LLC in Wyoming too, which means paying Wyoming's foreign registration fee and any ongoing Wyoming obligations on top of the Delaware 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 Delaware vs Wyoming?

Delaware online: 10 business days; Wyoming online: 1 business day. Delaware offers paid expedite from $100. Wyoming does not offer paid expedite.

Which state has lower taxes for an LLC, Delaware or Wyoming?

Delaware: state income tax applies to member-level pass-through income, plus a $300 minimum entity-level tax. Wyoming: no state income tax, 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. Delaware and Wyoming 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.

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 Delaware or Wyoming 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.

Delaware vs Wyoming LLC comparison

Delaware charges $110 to form an LLC; Wyoming charges $100. 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, Wyoming runs about $730 less in total state fees than Delaware. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

Delaware imposes an entity-level annual tax on every LLC ($300 minimum). Wyoming does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.

On speed, Wyoming typically clears standard online filings faster than Delaware. 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.

Formation filing fee

Delaware $110

Wyoming $100

Wyoming saves $10

Year 1 total estimate

Delaware $510

Wyoming $260

Wyoming saves $250

Ongoing per year

Delaware $400

Wyoming $160

Wyoming saves $240

3-year total

Delaware $1,310

Wyoming $580

Wyoming saves $730

Key differences at a glance

Wyoming costs $10 less to form ($100 vs $110).
Wyoming is $240 per year cheaper to maintain ($160 vs $400).
Wyoming has no state individual income tax; pass-through LLC income flows to members without a state layer. The other state does tax at the member level.
Delaware imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. Wyoming does not.
Delaware has no annual report filing at all. Wyoming 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 Delaware

Paid expedited tier
No state sales tax
No annual report

Only Wyoming

No state income 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.

Delaware Wyoming

Year 1

$510

$260

Year 2

$910

$420

Year 3

$1,310

$580

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 Delaware, business operates there No foreign LLC registration needed. You pay Delaware fees only.	$510	$400	$1,310
You live in Wyoming, business operates there No foreign LLC registration needed. You pay Wyoming fees only.	$260	$160	$580
Non-resident forming in Delaware with operations elsewhere You pay Delaware's fees plus a typical home-state foreign LLC registration of about $200 per year.	$710	$600	$1,910
Non-resident forming in Wyoming with operations elsewhere You pay Wyoming's fees plus a typical home-state foreign LLC registration of about $200 per year.	$460	$360	$1,180

Delaware vs Wyoming: full comparison

Dimension	Delaware	Wyoming
Online filing Can you file the formation document online?	Yes	Yes
Online approval time Standard, non-expedited	10 business days	1 business day
Expedited option Paid fast-track filing	$100	Not offered
Annual report Required in addition to tax	None	Required, $60
State-imposed annual tax Franchise, privilege, or LLC tax minimum	$300 minimum	None
State income tax On pass-through LLC income at member level	Yes	No
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	$200	$150
State sales tax General statewide rate	None	4.0%

Taxes in Delaware and Wyoming

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.

Delaware tax

$300 minimum annual tax (flat basis). State income tax applies to member-level pass-through income. Corporate rate 8.7%.

Wyoming tax

No entity-level franchise tax on LLCs. No state income tax.

Ongoing compliance

The recurring filings each state requires after formation.

Delaware

Annual $300 tax, due 06/01. No separate annual report. Registered agent required in Delaware.

Wyoming

Annual report $60, due on your anniversary month. Registered agent required in Wyoming.

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.

Delaware

Check business-name availability on the Delaware entity search.
Appoint a registered agent with a physical Delaware street address.
File Certificate of Formation of Limited Liability Company for $110.
Wait for approval. Online typically 10 business days. Paid expedite from $100.
Adopt an operating agreement (recommended, not required by Delaware statute).
Apply for a federal EIN (free from the IRS).
Open a business bank account to separate personal and business finances.
Pay the $300 annual Delaware LLC tax when it comes due.

Wyoming

Check business-name availability on the Wyoming entity search.
Appoint a registered agent with a physical Wyoming street address.
File Limited Liability Company Articles of Organization for $100.
Wait for approval. Online typically 1 business days. No paid expedite offered.
Adopt an operating agreement (recommended, not required by Wyoming 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 $60 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 Delaware and Wyoming (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 Delaware or Wyoming 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

Delaware Division of Corporations

Website: corp.delaware.gov
Phone: (302) 739-3073
Mail: 401 Federal Street, Suite 4, Dover, DE 19901
Hours: 8:00 AM to 4:30 PM Eastern, Monday to Friday

Wyoming Secretary of State - Business Division

Website: sos.wyo.gov
Phone: (307) 777-7311
Email: business@wyo.gov
Mail: Herschler Building East, Suite 100 and 101, 122 W 25th Street, Cheyenne, WY 82002-0020
Hours: 8:00 AM to 5:00 PM Mountain, Monday to Friday

Delaware Division of Revenue

Website: revenue.delaware.gov
Phone: (302) 577-8200
Mail: 820 N. French Street, Wilmington, DE 19801
Hours: 8:30 AM to 4:00 PM Eastern, Monday to Friday

Wyoming Department of Revenue

Website: revenue.wyo.gov/home
Phone: (307) 777-5200
Mail: Herschler Building East, 122 West 25th Street, Suite E301, Cheyenne, WY 82002
Hours: 8:00 AM to 5:00 PM Mountain, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in Delaware or Wyoming?

Wyoming is cheaper at formation ($100) than Delaware ($110). Ongoing costs are also different: $160 vs $400 per year. Total over three years: $580 vs $1,310.
Can I form an LLC in Delaware if I live in Wyoming?

Yes, but your Wyoming business will almost certainly need to register as a foreign LLC in Wyoming too, which means paying Wyoming's foreign registration fee and any ongoing Wyoming obligations on top of the Delaware 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 Delaware vs Wyoming?

Delaware online: 10 business days; Wyoming online: 1 business day. Delaware offers paid expedite from $100. Wyoming does not offer paid expedite.
Which state has lower taxes for an LLC, Delaware or Wyoming?

Delaware: state income tax applies to member-level pass-through income, plus a $300 minimum entity-level tax. Wyoming: no state income tax, 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. Delaware and Wyoming 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.
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 Delaware or Wyoming 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

DelawareOpen Delaware LLC guide →
WyomingOpen Wyoming LLC guide →

More Delaware and Wyoming comparisons

More Delaware vs ...

More Wyoming vs ...

Sources

Filing fee: corpfiles.delaware.gov/AugustFee2024.pdf · verified April 21, 2026
Delaware DoS Division of Corporations Fee Schedule, revised August 1, 2024. 'Formation – domestic' under Limited Liability Companies = $110.00 state filing fee.
Expedited filing: corpfiles.delaware.gov/AugustFee2024.pdf · verified April 21, 2026
Same Day $100, 24-Hour $50, Priority 2 (2-hour) $500, Priority 1 (1-hour) $1,000. We report 24-hour as the default expedited tier.
Annual report fee: delcode.delaware.gov/title6/c018/sc11/index.html · verified April 21, 2026
6 Del.C. §18-1107(b): annual tax of $300 for every domestic and foreign LLC. §18-1107(c): due June 1 each year. §18-1107(e): $200 late penalty plus 1.5% interest.
Franchise tax: delcode.delaware.gov/title6/c018/sc11/index.html · verified April 21, 2026
Flat $300 annual LLC tax under 6 Del.C. §18-1107. Not a share-based franchise tax like Delaware corporations; we classify it as a flat franchise-style tax for compare purposes.
Operating agreement requirement: delcode.delaware.gov/title6/c018/sc01/index.html · verified April 21, 2026
6 Del.C. §18-101(9) recognizes oral, written, or implied LLC agreements. No statutory requirement that the agreement be written or filed, so recorded as not-required.
Foreign LLC registration fee: delcode.delaware.gov/title6/c018/sc10/index.html · verified April 21, 2026
Foreign LLC registration filing fee. Cross-check against the practitioner-facing fee schedule before publishing.
Business name search: icis.corp.delaware.gov/eCorp/EntitySearch/NameSearch.aspx · verified April 21, 2026
Delaware eCorp entity search. Confirm name availability before filing.
Sales tax rate: revenue.delaware.gov/ · verified April 21, 2026
Delaware has no general state sales tax. Gross receipts tax may apply to some business activities.
Corporate income tax rate: revenue.delaware.gov/ · verified April 21, 2026
Delaware corporate income tax rate is 8.7%. Applies to C-corp income, not LLCs by default, but note here for completeness.
Filing fee: sos.wyo.gov/business/docs/businessfees.pdf · verified April 21, 2026
Wyoming Secretary of State Business Division Filing Fee Schedule (effective 07/01/2021). Domestic LLC Articles of Organization = $100.00 filing fee. Online filings add a 2.4% (minimum $1) credit-card processor convenience fee; the base state fee remains $100.
Expedited filing: sos.wyo.gov/faqs.aspx?root=BUS · verified April 21, 2026
The Wyoming SoS FAQ explicitly states that the office does not offer expedited service. Online filings are processed immediately; mail filings up to 15 business days.
Foreign LLC registration fee: sos.wyo.gov/forms/business/fllc/fllc-certificateauthority.pdf · verified April 21, 2026
Foreign LLC Application for Certificate of Authority filing fee = $150.00, payable to Wyoming Secretary of State. Requires original certificate of existence/good standing from home state dated within 60 days.
Operating agreement requirement: law.justia.com/codes/wyoming/title-17/chapter-29/article-1/section-17-… · verified April 21, 2026
W.S. 17-29-102(a)(xiii) defines 'operating agreement' to include oral, in a record, implied, or any combination. Wyoming LLC Act does not require a written operating agreement.
Publication requirement: sos.wyo.gov/faqs.aspx?root=BUS · verified April 21, 2026
Wyoming SoS FAQ and the Wyoming LLC Act (Chapter 29) contain no publication requirement. Only NY, AZ, and NE require publication.
Annual report fee: sos.wyo.gov/Business/docs/SOSTaxWorksheetRules.pdf · verified April 21, 2026
Wyoming annual report license tax = $60 minimum or $0.0002 per dollar of assets located and employed in Wyoming, whichever is greater. Due first day of the anniversary month of formation. Confirmed on the Wyoming SoS annual report page at https://wyobiz.wyo.gov/Business/AnnualReport.aspx and the Wyoming SoS FAQ.
Franchise tax: revenue.wyo.gov/home · verified April 21, 2026
Wyoming Department of Revenue publishes no corporate or LLC franchise tax. The only entity-level annual charge on an LLC is the SoS annual report license tax, which is reported under annualReport.fee, not here.
Corporate income tax rate: revenue.wyo.gov/home · verified April 21, 2026
Wyoming has no corporate income tax. Article 15 of the Wyoming Constitution bars a state income tax. Field set to null.
Sales tax rate: excise-tax-div.wyo.gov/sales-use-tax-rate-charts · verified April 21, 2026
Wyoming statewide sales/use tax rate is 4.0%. Counties may levy additional local option taxes (typically 1-2%) on top.
Business name search: wyobiz.wyo.gov/business/filingsearch.aspx · verified April 21, 2026
Wyoming SoS WyoBiz entity name and filing search. Use before filing Articles of Organization to confirm name availability.
Online filing portal: wyobiz.wyo.gov/Business/RegistrationInstr.aspx · verified April 21, 2026
WyoBiz is the Wyoming SoS online business filing portal. Online LLC filings become active immediately. Entities with names beginning with 'A' must be filed by paper for manual review.
Certificate of Formation form: sos.wyo.gov/forms/business/llc/llc-articlesorganization.pdf · verified April 21, 2026
Official LLC-Articles of Organization fillable form published by the Wyoming SoS, used for both mail and in-person filings.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.