Is it cheaper to form an LLC in District of Columbia or North Dakota?

District of Columbia is cheaper at formation ($99) than North Dakota ($135). Ongoing costs are also different: $500 vs $150 per year. Total over three years: $1,599 vs $585.

Can I form an LLC in District of Columbia if I live in North Dakota?

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

District of Columbia online: 5 business days; North Dakota online: 5 business days. District of Columbia offers paid expedite from $50. North Dakota does not offer paid expedite.

Which state has lower taxes for an LLC, District of Columbia or North Dakota?

District of Columbia: state income tax applies to member-level pass-through income, plus a $250 minimum entity-level tax. North Dakota: 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. District of Columbia and North Dakota 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 District of Columbia or North Dakota 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.

District of Columbia vs North Dakota LLC comparison

District of Columbia charges $99 to form an LLC; North Dakota charges $135. 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, North Dakota runs about $1,014 less in total state fees than District of Columbia. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

District of Columbia imposes an entity-level annual tax on every LLC ($250 minimum). North Dakota does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.

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

District of Columbia $99

North Dakota $135

District of Columbia saves $36

Year 1 total estimate

District of Columbia $599

North Dakota $285

North Dakota saves $314

Ongoing per year

District of Columbia $500

North Dakota $150

North Dakota saves $350

3-year total

District of Columbia $1,599

North Dakota $585

North Dakota saves $1,014

Key differences at a glance

District of Columbia costs $36 less to form ($99 vs $135).
North Dakota is $350 per year cheaper to maintain ($150 vs $500).
District of Columbia imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. North Dakota does not.

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 District of Columbia

Paid expedited tier

Only North Dakota

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.

District of Columbia North Dakota

Year 1

$599

$285

Year 2

$1,099

$435

Year 3

$1,599

$585

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 District of Columbia, business operates there No foreign LLC registration needed. You pay District of Columbia fees only.	$599	$500	$1,599
You live in North Dakota, business operates there No foreign LLC registration needed. You pay North Dakota fees only.	$285	$150	$585
Non-resident forming in District of Columbia with operations elsewhere You pay District of Columbia's fees plus a typical home-state foreign LLC registration of about $200 per year.	$799	$700	$2,199
Non-resident forming in North Dakota with operations elsewhere You pay North Dakota's fees plus a typical home-state foreign LLC registration of about $200 per year.	$485	$350	$1,185

District of Columbia vs North Dakota: full comparison

Dimension	District of Columbia	North Dakota
Online filing Can you file the formation document online?	Yes	Yes
Online approval time Standard, non-expedited	5 business days	5 business days
Expedited option Paid fast-track filing	$50	Not offered
Annual report Required in addition to tax	Required, $300	Required, $50
State-imposed annual tax Franchise, privilege, or LLC tax minimum	$250 minimum	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	$220	$135
State sales tax General statewide rate	6.0%	5.0%

Taxes in District of Columbia and North Dakota

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.

District of Columbia tax

$250 minimum annual tax (net-income-with-minimum basis). State income tax applies to member-level pass-through income. Corporate rate 8.3%.

North Dakota tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.3%.

Ongoing compliance

The recurring filings each state requires after formation.

District of Columbia

Annual report $300, due 04/01 each year. Registered agent required in District of Columbia.

North Dakota

Annual report $50, due 11/15 each year. Registered agent required in North Dakota.

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.

District of Columbia

Check business-name availability on the District of Columbia entity search.
Appoint a registered agent with a physical District of Columbia street address.
File Articles of Organization for Domestic Limited Liability Company (Form DLC-1) for $99.
Wait for approval. Online typically 5 business days. Paid expedite from $50.
Adopt an operating agreement (recommended, not required by District of Columbia 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 $300 when it comes due.

North Dakota

Check business-name availability on the North Dakota entity search.
Appoint a registered agent with a physical North Dakota street address.
File Articles of Organization (Limited Liability Company) for $135.
Wait for approval. Online typically 5 business days. No paid expedite offered.
Adopt an operating agreement (recommended, not required by North Dakota 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 $50 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 District of Columbia and North Dakota (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 District of Columbia or North Dakota 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

DC Department of Licensing and Consumer Protection, Corporations Division

Website: dlcp.dc.gov
Phone: (202) 671-4500
Email: dlcp@dc.gov
Mail: 1100 4th Street, SW, Washington, DC 20024
Hours: 8:30 AM to 4:30 PM Eastern Monday, Tuesday, Wednesday and Friday; 10:30 AM to 4:30 PM Eastern Thursday

North Dakota Secretary of State - Business Services

Website: sos.nd.gov
Phone: (701) 328-2900
Email: sosbir@nd.gov
Mail: 600 E Boulevard Avenue, Dept 108, Bismarck, ND 58505-0500
Hours: 8:00 AM to 5:00 PM Central, Monday to Friday

DC Office of Tax and Revenue

Website: otr.cfo.dc.gov
Phone: (202) 727-4829
Email: e-services.otr@dc.gov
Mail: 1101 4th Street, SW, Suite 270 West, Washington, DC 20024
Hours: 8:15 AM to 5:30 PM Eastern, Monday to Friday

North Dakota Office of State Tax Commissioner

Website: www.tax.nd.gov
Phone: (701) 328-7088
Mail: 600 E. Boulevard Ave., Dept. 127, Bismarck, ND 58505-0599
Hours: 8:00 AM to 5:00 PM Central, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in District of Columbia or North Dakota?

District of Columbia is cheaper at formation ($99) than North Dakota ($135). Ongoing costs are also different: $500 vs $150 per year. Total over three years: $1,599 vs $585.
Can I form an LLC in District of Columbia if I live in North Dakota?

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

District of Columbia online: 5 business days; North Dakota online: 5 business days. District of Columbia offers paid expedite from $50. North Dakota does not offer paid expedite.
Which state has lower taxes for an LLC, District of Columbia or North Dakota?

District of Columbia: state income tax applies to member-level pass-through income, plus a $250 minimum entity-level tax. North Dakota: 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. District of Columbia and North Dakota 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 District of Columbia or North Dakota 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

District of ColumbiaOpen District of Columbia LLC guide →
North DakotaOpen North Dakota LLC guide →

More District of Columbia and North Dakota comparisons

More District of Columbia vs ...

More North Dakota vs ...

Sources

Filing fee: dlcp.dc.gov/node/1621921 · verified April 21, 2026
DLCP Corporations Division fee schedule for Limited Liability Company filings. Domestic LLC certificate of organization filing fee is $99.00. Amendment, statement of authority, statement of dissolution, merger, and most other LLC filings are $220. DC calls the formation document a certificate of organization in statute (section 29-802.01) but the DLC-1 form retains the Articles of Organization label.
Expedited filing: dlcp.dc.gov/node/1621901 · verified April 21, 2026
DLCP Fees for Corporate Registration Services page. Expedited same-day service: $100 in addition to all other fees required by statute. Expedited 3-day service: $50 in addition. Expedited fee is automatic for walk-in customers at the Business License Center. Expedited service may be limited or unavailable for mail-in filings; available via CorpOnline for web filings. We record the cheaper 3-day tier ($50, 72 hours) as the default. Same-day tier: $100 additional, 24-hour target.
Annual report fee: dlcp.dc.gov/node/1621921 · verified April 21, 2026
DLCP LLC fee schedule. Biennial report fee is $300 for domestic and foreign LLCs. Biennial report late fee is $100. D.C. Code section 29-102.11 sets the April 1 deadline every two years.
Annual report fee: code.dccouncil.gov/us/dc/council/code/sections/29-102.11 · verified April 21, 2026
D.C. Code section 29-102.11(c). First biennial report due April 1 of the year following the calendar year in which the public organic record became effective. Subsequent biennial reports due April 1 of each second calendar year thereafter. Failure to file leads to administrative dissolution per section 29-106.02.
Franchise tax: otr.cfo.dc.gov/page/dc-business-franchise-tax-rates · verified April 21, 2026
DC Office of Tax and Revenue Business Franchise Tax Rates page. Unincorporated Business Franchise Tax (UBT): 8.25% rate (all years 2018 and later). Filing threshold: DC-source gross income over $12,000 triggers a filing obligation. Minimum tax: $250 if DC gross receipts are $1,000,000 or less; $1,000 if over $1,000,000. A 30% salary allowance for owners and a $5,000 exemption apply in computing taxable income. Exemption: a business is exempt if more than 80% of gross income is derived from personal services rendered by the members and capital is not a material income-producing factor.
Franchise tax: code.dccouncil.gov/us/dc/council/code/titles/47/chapters/18/subchapter… · verified April 21, 2026
D.C. Code Title 47, Chapter 18, Subchapter VIII: Tax on Unincorporated Businesses. Section 47-1808.01 defines unincorporated business and sets exemptions. Section 47-1808.03 sets the rate. Section 47-1808.04 governs the $250/$1,000 minimum and the 30% salary allowance and $5,000 exemption used to compute taxable income. Confirms UBT applies to LLCs taxed as partnerships or disregarded entities federally, unless exempt.
Operating agreement requirement: code.dccouncil.gov/us/dc/council/code/sections/29-801.07 · verified April 21, 2026
D.C. Code section 29-801.07 permits but does not require an operating agreement. Section 29-801.02 defines operating agreement as the agreement of all the members; it may be oral, implied, in a record, or in any combination. Recorded as operatingAgreementRequired: false.
Foreign LLC registration fee: dlcp.dc.gov/node/1621921 · verified April 21, 2026
DLCP LLC fee schedule. Foreign LLC Foreign registration statement filing fee is $220.00.
Publication requirement: code.dccouncil.gov/us/dc/council/code/titles/29/chapters/8 · verified April 21, 2026
DC does not require newspaper publication for LLC formation. No such requirement exists in D.C. Code Title 29, Chapter 8 (Limited Liability Companies). Recorded as required: false.
Business name search: corponline.dlcp.dc.gov/ · verified April 21, 2026
DLCP CorpOnline portal is the unified entity registration and entity search system. Old corponline.dcra.dc.gov URL now redirects here. Use before filing DLC-1 to confirm name availability.
Sales tax rate: otr.cfo.dc.gov/page/sales-and-use-tax-faqs · verified April 21, 2026
DC Office of Tax and Revenue general sales tax FAQs. General Sale tax rate: 6%. Higher tiered rates apply to soft drinks (8%), prepared food and alcohol for on-premise consumption (10%), rental vehicles and off-premises liquor (10.25%), lodging (15.95%), and parking (18%).
Corporate income tax rate: otr.cfo.dc.gov/page/dc-business-franchise-tax-rates · verified April 21, 2026
DC Corporate Franchise Tax rate is 8.25% for tax year 2025 and all years since 2018. Minimum corporate franchise tax: $250 if DC gross receipts $1M or less; $1,000 if over $1M. Corporations or financial institutions are not exempt from the minimum even if otherwise exempt under DC Code.
Filing fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
North Dakota SoS LLC page lists Registration (Articles of Organization) filing fee as $135 for both domestic and foreign LLCs. Same fee whether filed online via FirstStop or by mail.
Expedited filing: firststop.sos.nd.gov/ · verified April 21, 2026
North Dakota does not offer a state-level expedited processing tier. All filings go through the FirstStop online portal, which the SoS reports processes LLC formations in approximately 5 business days.
Foreign LLC registration fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
Foreign LLC registration fee matches the domestic Articles of Organization fee at $135, per the ND SoS LLC fee listing.
Operating agreement requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
N.D.C.C. 10-32.1-02(36) defines 'operating agreement' to include agreements that are oral, in a record, implied, or any combination thereof. The North Dakota Uniform LLC Act does not require a written operating agreement.
Publication requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
Chapter 10-32.1 (Uniform Limited Liability Company Act) contains no newspaper publication requirement for LLC formation. Only NY, AZ, and NE require publication.
Annual report fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
ND SoS LLC page lists the annual report fee as $50 for Business LLC, PLLC, and foreign LLC. Business LLCs and PLLCs are due November 15 each year; Farming/Ranching and Authorized Livestock Farm LLCs due April 15.
Corporate income tax rate: www.tax.nd.gov/business/corporate-income-tax · verified April 21, 2026
ND Office of State Tax Commissioner corporate income tax page: top bracket is taxable income over $50,000, taxed at $1,240 plus 4.31% of the amount over $50,000. Graduated rates 1.41% to 4.31%. Applies to C-corps; LLCs taxed as C-corps would use these rates.
Sales tax rate: www.tax.nd.gov/business/sales-and-use-tax · verified April 21, 2026
ND Office of State Tax Commissioner: statewide general sales and use tax rate is 5%. Cities and counties levy additional local option taxes on top of the state rate.
Business name search: firststop.sos.nd.gov/search/business · verified April 21, 2026
FirstStop business entity search, used to confirm name availability before filing Articles of Organization.
Online filing portal: firststop.sos.nd.gov/ · verified April 21, 2026
FirstStop is the North Dakota SoS online business filing portal. The SoS directs all LLC filings through FirstStop; online filings are typically approved within 5 business days.

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