Is it cheaper to form an LLC in Maine or Tennessee?

Maine is cheaper at formation ($175) than Tennessee ($300). Ongoing costs are also different: $185 vs $500 per year. Total over three years: $730 vs $1,800.

Can I form an LLC in Maine if I live in Tennessee?

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

Maine online turnaround varies; Tennessee online: 1 business day. Maine offers paid expedite from $50. Tennessee does not offer paid expedite.

Which state has lower taxes for an LLC, Maine or Tennessee?

Maine: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Tennessee: no state income tax, plus a $100 minimum entity-level 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. Maine and Tennessee 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.

Do I need a written operating agreement in Maine or Tennessee?

Maine requires LLCs to adopt a written operating agreement by statute. Tennessee treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.

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 Maine or Tennessee 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.

Maine vs Tennessee LLC comparison

Maine charges $175 to form an LLC; Tennessee charges $300. 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, Maine runs about $1,070 less in total state fees than Tennessee. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

Tennessee imposes an entity-level annual tax on every LLC ($100 minimum). Maine does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.

On speed, Tennessee typically clears standard online filings faster than Maine. 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

Maine $175

Tennessee $300

Maine saves $125

Year 1 total estimate

Maine $360

Tennessee $800

Maine saves $440

Ongoing per year

Maine $185

Tennessee $500

Maine saves $315

3-year total

Maine $730

Tennessee $1,800

Maine saves $1,070

Key differences at a glance

Maine costs $125 less to form ($175 vs $300).
Maine is $315 per year cheaper to maintain ($185 vs $500).
Tennessee 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.
Tennessee imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. Maine does not.
Maine requires LLCs to adopt a written operating agreement by statute. The other state treats it as recommended rather than required.

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 Maine

Paid expedited tier
No entity-level franchise or LLC tax

Only Tennessee

Online filing
No state income tax
Operating agreement not statutorily required

Both states

No publication requirement

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.

Maine Tennessee

Year 1

$360

$800

Year 2

$545

$1,300

Year 3

$730

$1,800

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 Maine, business operates there No foreign LLC registration needed. You pay Maine fees only.	$360	$185	$730
You live in Tennessee, business operates there No foreign LLC registration needed. You pay Tennessee fees only.	$800	$500	$1,800
Non-resident forming in Maine with operations elsewhere You pay Maine's fees plus a typical home-state foreign LLC registration of about $200 per year.	$560	$385	$1,330
Non-resident forming in Tennessee with operations elsewhere You pay Tennessee's fees plus a typical home-state foreign LLC registration of about $200 per year.	$1,000	$700	$2,400

Maine vs Tennessee: full comparison

Dimension	Maine	Tennessee
Online filing Can you file the formation document online?	No	Yes
Online approval time Standard, non-expedited	Varies	1 business day
Expedited option Paid fast-track filing	$50	Not offered
Annual report Required in addition to tax	Required, $85	Required, $300
State-imposed annual tax Franchise, privilege, or LLC tax minimum	None	$100 minimum
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	Required by statute	Recommended, not required
Foreign LLC fee Cost to register as a foreign LLC in this state	$250	$300
State sales tax General statewide rate	5.5%	7.0%

Taxes in Maine and Tennessee

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.

Maine tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 8.9%.

Tennessee tax

$100 minimum annual tax (net-worth basis). No state income tax. Corporate rate 6.5%.

Ongoing compliance

The recurring filings each state requires after formation.

Maine

Annual report $85, due 06/01 each year. Registered agent required in Maine.

Tennessee

Annual report $300, due on your anniversary month. Registered agent required in Tennessee.

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.

Maine

Check business-name availability on the Maine entity search.
Appoint a registered agent with a physical Maine street address.
File Certificate of Formation (Form MLLC-6) for $175.
Wait for approval. Paper-only processing. Paid expedite from $50.
Adopt a written operating agreement (statutorily required in Maine).
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 $85 when it comes due.

Tennessee

Check business-name availability on the Tennessee entity search.
Appoint a registered agent with a physical Tennessee street address.
File Articles of Organization – Limited Liability Company (Form SS-4270) for $300.
Wait for approval. Online typically 1 business days. No paid expedite offered.
Adopt an operating agreement (recommended, not required by Tennessee 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.

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 Maine and Tennessee (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 Maine or Tennessee 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

Maine Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Corporations

Website: www.maine.gov/sos/corporations-commissions
Phone: (207) 624-7752
Email: CEC.Corporations@maine.gov
Mail: Division of Corporations, 101 State House Station, Augusta, ME 04333-0101
Office: Burton M. Cross Building, 111 Sewall Street, 4th Floor, Augusta, ME 04330
Hours: Office hours 8:00 AM to 5:00 PM Eastern, Monday to Friday. Customer service telephone hours 10:00 AM to 5:00 PM.

Tennessee Secretary of State, Business Services Division

Website: sos.tn.gov/business-services
Phone: (615) 741-2286
Email: TNSOS.CORPINFO@tn.gov
Mail: 312 Rosa L. Parks Avenue, Snodgrass Tower 6th Floor, Nashville, TN 37243
Office: 312 Rosa L. Parks Avenue, Snodgrass Tower, Nashville, TN 37243
Hours: 8:00 AM to 4:30 PM Central, Monday to Friday

Maine Revenue Services

Website: www.maine.gov/revenue
Phone: (207) 624-9595
Mail: Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060
Office: 51 Commerce Drive, Augusta, ME 04330
Hours: 8:00 AM to 5:00 PM Eastern, Monday to Friday

Tennessee Department of Revenue

Website: www.tn.gov/revenue.html
Phone: (615) 253-0600
Mail: 500 Deaderick Street, Nashville, TN 37242
Hours: 8:00 AM to 4:30 PM Central, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in Maine or Tennessee?

Maine is cheaper at formation ($175) than Tennessee ($300). Ongoing costs are also different: $185 vs $500 per year. Total over three years: $730 vs $1,800.
Can I form an LLC in Maine if I live in Tennessee?

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

Maine online turnaround varies; Tennessee online: 1 business day. Maine offers paid expedite from $50. Tennessee does not offer paid expedite.
Which state has lower taxes for an LLC, Maine or Tennessee?

Maine: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Tennessee: no state income tax, plus a $100 minimum entity-level 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. Maine and Tennessee 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.
Do I need a written operating agreement in Maine or Tennessee?

Maine requires LLCs to adopt a written operating agreement by statute. Tennessee treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.
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 Maine or Tennessee 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

MaineOpen Maine LLC guide →
TennesseeOpen Tennessee LLC guide →

More Maine and Tennessee comparisons

More Maine vs ...

More Tennessee vs ...

Sources

Filing fee: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Maine Secretary of State LLC Forms page: Certificate of Formation (Form MLLC-6) filing fee is $175. Current processing time published as 35 to 40 business days for routine filings. Maine does not offer online formation filing; Form MLLC-6 is mail-in only.
Expedited filing: www.maine.gov/sos/sites/maine.gov.sos/files/content/assets/250c200-4.d… · verified April 21, 2026
Chapter 200 Rules for the Use of Expedited Service in Corporations: 24-hour service fee $50.00, immediate (same-day) service fee $100.00. Each request must be accompanied by the appropriate expedite fee in addition to the regular filing fee. Availability is subject to staffing. The 24-hour $50 tier is reported as the default expedited option.
Certificate of Formation form: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Form MLLC-6 Certificate of Formation is the fillable PDF Maine uses to form a domestic LLC under Title 31 Chapter 21 (Maine Limited Liability Company Act). Hosted under the SoS inline-files directory.
Business name search: apps3.web.maine.gov/nei-sos-icrs/ICRS?MainPage=x · verified April 21, 2026
Maine Interactive Corporate Services (ICRS) entity name search. Redirected from legacy icrs.informe.org URL. Use to confirm name availability before filing.
Naming rules: legislature.maine.gov/legis/statutes/31/title31sec1508.html · verified April 21, 2026
31 M.R.S.A. §1508 governs LLC naming requirements, including the required designator ('limited liability company,' 'LLC,' 'L.L.C.,' or similar) and distinguishability from other entities on the Secretary of State's records.
Operating agreement requirement: legislature.maine.gov/legis/statutes/31/title31sec1531.html · verified April 21, 2026
31 M.R.S.A. §1531(1)(B) provides that to form an LLC 'a limited liability company agreement must be entered into or otherwise existing.' The agreement may be entered before, after, or at the time of filing the certificate, and may be written, oral, or implied under §1521, but the Maine Limited Liability Company Act requires that one exist. Maine is therefore classified as an operating-agreement-required state alongside California, Delaware, Missouri, and New York.
Publication requirement: legislature.maine.gov/legis/statutes/31/title31ch21sec0.html · verified April 21, 2026
Title 31 Chapter 21 (Maine Limited Liability Company Act) contains no newspaper publication requirement for LLC formation. Not required.
Foreign LLC registration fee: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Form MLLC-12 Statement of Foreign Qualification to Conduct Activities: filing fee $250 for foreign LLCs registering to do business in Maine.
Annual report fee: www.maine.gov/sos/corporations-commissions/filing-an-annual-report · verified April 21, 2026
Maine Secretary of State Filing an Annual Report page: annual report is required each year to maintain good standing; legal filing deadline is June 1. Annual report fee is $85 for domestic LLCs (Form MLLC-13) and $150 for foreign LLCs, per the LLC forms fee schedule. Online filing through Annual Reports Online is available; paper filings also accepted.
Corporate income tax rate: www.maine.gov/revenue/taxes/income-estate-tax/corporate-income-tax-112… · verified April 21, 2026
Maine Revenue Services Corporate Income Tax (1120ME): graduated corporate income tax from 3.5% on income up to $350,000 to 8.93% on income in excess of $3,500,000. Reported as 8.93% top marginal rate. Does not apply to LLCs taxed as pass-through entities; applies to LLCs electing C-corp treatment.
Sales tax rate: www.maine.gov/revenue/taxes/sales-use-service-provider-tax/rates-due-d… · verified April 21, 2026
Maine Revenue Services Sales and Use Tax Rates: general sales tax rate is 5.5%. Higher rates apply to specific categories (prepared food 8%, rentals of lodging 9%, short-term auto rental 10%, adult-use marijuana 10%). Service Provider Tax on enumerated services is 6%.
Franchise tax: www.maine.gov/revenue/taxes/income-estate-tax/franchise-tax-1120b-me · verified April 21, 2026
Maine Revenue Services Franchise Tax (1120B-ME): the Maine franchise tax is imposed only on banks and other financial institutions. No general franchise or capital-stock tax on ordinary LLCs. Recorded as applies: false.
Filing fee: law.justia.com/codes/tennessee/title-48/limited-liability-companies/ch… · verified April 21, 2026
Tenn. Code Ann. §48-249-1007(a)(1): Initial filing fee = $50 × number of members, minimum $300, maximum $3,000. The default reported value is the $300 statutory minimum (applies to LLCs with 1-6 members). Justia mirror used because sos.tn.gov PDFs and some tn.gov pages returned 403/timeouts; language matches the SOS Form SS-4270 fee instructions.
Filing fee: sos-prod.tnsosgovfiles.com/s3fs-public/document/SS-4270%20LLC_0.pdf · verified April 21, 2026
Tennessee SOS Form SS-4270 (Rev. 01/25) Articles of Organization instructions confirm $50/member with $300 minimum, $3,000 maximum. If the articles prohibit the LLC from doing business in Tennessee, the flat fee is $300 regardless of member count.
Expedited filing: sos.tn.gov/businesses/faqs · verified April 21, 2026
Tennessee Secretary of State does not offer paid expedited processing for LLC Articles of Organization. Online filings through TNBear/TNCaB typically complete within 1 business day, which serves as the de facto expedited pathway. Recorded as 'offered: false'.
Annual report fee: law.justia.com/codes/tennessee/title-48/limited-liability-companies/ch… · verified April 21, 2026
Tenn. Code Ann. §48-249-1007(a)(2): Annual filing fee = $50 × number of members as of the annual report date, minimum $300, maximum $3,000. Due the first day of the fourth month after fiscal year close. Reported value is the $300 statutory minimum.
Franchise tax: www.tn.gov/revenue/taxes/franchise---excise-tax.html · verified April 21, 2026
Tennessee Department of Revenue Franchise & Excise Tax page. LLCs are subject to both taxes. Franchise tax: 0.25% of Tennessee apportioned net worth with $100 minimum (property-measure alternative repealed by Public Chapter 950, effective tax years ending on/after Jan. 1, 2024). Excise tax: 6.5% of Tennessee-sourced net earnings. Tenn. Code Ann. §67-4-2007 (excise), §67-4-2105 (franchise).
Operating agreement requirement: law.justia.com/codes/tennessee/title-48/limited-liability-companies/ch… · verified April 21, 2026
Tenn. Code Ann. §48-249-203: An operating agreement need not be in writing (except as articles or a prior operating agreement provision require). Tennessee law permits but does not require adoption of a written operating agreement.
Foreign LLC registration fee: sos-prod.tnsosgovfiles.com/s3fs-public/document/SS-4233%20COA%20LLC.pd… · verified April 21, 2026
Tennessee SOS Form SS-4233 Application for Certificate of Authority (Foreign LLC). Fee = $50 × number of members, minimum $300, maximum $3,000 (same statutory formula as domestic filing fee). Recorded $300 minimum.
Publication requirement: sos.tn.gov/businesses/faqs · verified April 21, 2026
Tennessee does not require newspaper publication of LLC formation. Confirmed by absence of such requirement in Tenn. Code Ann. §48-249-202 (Articles of organization) and SOS FAQ.
Business name search: tnbear.tn.gov/Ecommerce/NameAvailability.aspx · verified April 21, 2026
Tennessee Business Information Search (TNBear). Use before filing Articles of Organization to confirm name availability.
Sales tax rate: www.tn.gov/revenue/taxes/sales-and-use-tax.html · verified April 21, 2026
Tennessee Department of Revenue: statewide sales and use tax rate is 7% (general rate); 4% state rate on food and food ingredients. Local option adds up to 2.75%, for combined rates up to 9.75%.
Corporate income tax rate: www.tn.gov/revenue/taxes/franchise---excise-tax.html · verified April 21, 2026
Tennessee excise tax rate is 6.5% of Tennessee-sourced net earnings. Reported here as the state's functional corporate income tax rate; applies to C-corps, LLCs taxed as corporations, and (for entity-level excise only) to default-classified LLCs.

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