Nevada vs Utah LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Nevada charges $425 to form an LLC; Utah charges $59. 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, Utah runs about $1,362 less in total state fees than Nevada. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
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
- Utah costs $366 less to form ($59 vs $425).
- Utah is $332 per year cheaper to maintain ($118 vs $450).
- Nevada 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.
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 Nevada
- No state income tax
Both states
- Online filing
- Paid expedited tier
- No entity-level franchise or LLC tax
- 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 Nevada, business operates there No foreign LLC registration needed. You pay Nevada fees only. | $875 | $450 | $1,775 |
| You live in Utah, business operates there No foreign LLC registration needed. You pay Utah fees only. | $177 | $118 | $413 |
| Non-resident forming in Nevada with operations elsewhere You pay Nevada's fees plus a typical home-state foreign LLC registration of about $200 per year. | $1,075 | $650 | $2,375 |
| Non-resident forming in Utah with operations elsewhere You pay Utah's fees plus a typical home-state foreign LLC registration of about $200 per year. | $377 | $318 | $1,013 |
Nevada vs Utah: full comparison
| Dimension | Nevada | Utah |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 2 business days | 2 business days |
| Expedited option Paid fast-track filing | $125 | $75 |
| Annual report Required in addition to tax | Required, $350 | Required, $18 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | No | 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 | $425 | $59 |
| State sales tax General statewide rate | 6.8% | 4.8% |
Taxes in Nevada and Utah
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.
Nevada tax
No entity-level franchise tax on LLCs. No state income tax.
Utah tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.5%.
Ongoing compliance
The recurring filings each state requires after formation.
Nevada
Annual report $350, due on your anniversary month. Registered agent required in Nevada.
Utah
Annual report $18, due on your anniversary month. Registered agent required in Utah.
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.
Nevada
- Check business-name availability on the Nevada entity search.
- Appoint a registered agent with a physical Nevada street address.
- File Articles of Organization – Limited-Liability Company (NRS Chapter 86) for $425.
- Wait for approval. Online typically 2 business days. Paid expedite from $125.
- Adopt an operating agreement (recommended, not required by Nevada 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 $350 when it comes due.
Utah
- Check business-name availability on the Utah entity search.
- Appoint a registered agent with a physical Utah street address.
- File Certificate of Organization, Domestic Limited Liability Company for $59.
- Wait for approval. Online typically 2 business days. Paid expedite from $75.
- Adopt an operating agreement (recommended, not required by Utah 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 $18 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 Nevada and Utah (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 Nevada or Utah 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
Nevada Secretary of State, Commercial Recordings Division
- Website
- www.nvsos.gov/sos/home
- Phone
- (775) 684-5708
- sosmail@sos.nv.gov
- 202 North Carson Street, Carson City, NV 89701-4201
- Hours
- 8:00 AM to 5:00 PM Pacific, Monday to Friday
Utah Division of Corporations and Commercial Code (Utah Department of Commerce)
- Website
- commerce.utah.gov/corporations
- Phone
- (801) 530-4849
- corpucc@utah.gov
- Utah Division of Corporations and Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114-6705
- Office
- 160 East 300 South, 2nd Floor, Salt Lake City, UT 84111
- Hours
- 8:00 AM to 5:00 PM Mountain, Monday to Friday
Nevada Department of Taxation
- Website
- tax.nv.gov
- Phone
- (866) 962-3707
- 1550 College Parkway, Suite 115, Carson City, NV 89706
- Hours
- 7:30 AM to 5:00 PM Pacific, Monday to Friday
Utah State Tax Commission
- Website
- tax.utah.gov
- Phone
- (801) 297-2200
- Utah State Tax Commission, 210 North 1950 West, Salt Lake City, UT 84134-0266
- Office
- 210 North 1950 West, Salt Lake City, UT 84134
- Hours
- 8:00 AM to 5:00 PM Mountain, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Nevada or Utah?
Utah is cheaper at formation ($59) than Nevada ($425). Ongoing costs are also different: $118 vs $450 per year. Total over three years: $413 vs $1,775.
-
Can I form an LLC in Nevada if I live in Utah?
Yes, but your Utah business will almost certainly need to register as a foreign LLC in Utah too, which means paying Utah's foreign registration fee and any ongoing Utah obligations on top of the Nevada 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 Nevada vs Utah?
Nevada online: 2 business days; Utah online: 2 business days. Nevada offers paid expedite from $125. Utah offers paid expedite from $75.
-
Which state has lower taxes for an LLC, Nevada or Utah?
Nevada: no state income tax, no entity-level franchise or LLC tax. Utah: 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. Nevada and Utah 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 Nevada or Utah 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 Nevada and Utah comparisons
More Nevada vs ...
Sources
- Filing fee: nevada.public.law/statutes/nrs_86.561 · verified April 21, 2026
Nevada formation bundles three mandatory filings at formation: (1) Articles of Organization $75 (NRS 86.561(1)(a)), (2) Initial List of Managers or Members $150 (NRS 86.263), (3) State Business License $200 (NRS 76.100/76.130). Combined minimum formation cost is $425. - Expedited filing: www.nvsos.gov/sos/businesses/processing-dates · verified April 21, 2026
Nevada offers a 24-hour expedited tier at $125, plus 2-hour service ($500) and 1-hour service ($1,000). Standard SilverFlume online submissions are typically processed within 1-2 business days without expedite. Same-day ($125) and 24-hour ($125) are often the same in practice. - Online filing portal: www.nvsilverflume.gov/home · verified April 21, 2026
SilverFlume is Nevada's official business portal for filing Articles of Organization, Initial List, and State Business License in one combined transaction. - Certificate of Formation form: www.nvsos.gov/sos/home/showpublisheddocument?id=6541 · verified April 21, 2026
Nevada Secretary of State Articles of Organization form for domestic Limited-Liability Company under NRS Chapter 86. - Business name search: esos.nv.gov/EntitySearch/OnlineEntitySearch · verified April 21, 2026
Nevada Secretary of State online entity search. - Operating agreement requirement: nevada.public.law/statutes/nrs_86.286 · verified April 21, 2026
NRS 86.286(1): 'A limited-liability company may, but is not required to, adopt an operating agreement.' No statutory requirement for a written or filed operating agreement. - Publication requirement: www.leg.state.nv.us/nrs/nrs-086.html · verified April 21, 2026
Nevada Chapter 86 imposes no newspaper publication requirement for LLC formation. - Foreign LLC registration fee: nevada.public.law/statutes/nrs_86.561 · verified April 21, 2026
NRS 86.561(1)(a): $75 for registration of a foreign limited-liability company. Foreign LLCs also owe the Initial List ($150) and State Business License ($200), so minimum registration is $425, mirroring domestic formation. - Annual report fee: nevada.public.law/statutes/nrs_86.263 · verified April 21, 2026
NRS 86.263 sets the Annual List of Managers or Members fee at $150. NRS 76.130 sets the annual State Business License renewal at $200. Total ongoing $350 due by the last day of the LLC's anniversary month. - Franchise tax: tax.nv.gov/businesses/commerce-tax/ · verified April 21, 2026
Nevada has no corporate franchise tax. The Commerce Tax applies only when Nevada-sourced gross revenue exceeds $4 million per fiscal year; industry rates range 0.051%–0.331%. - State income tax: tax.nv.gov/tax-types/ · verified April 21, 2026
Nevada has no state personal income tax and no corporate income tax. Nevada Constitution Article 10 prohibits a personal income tax without amendment. - Corporate income tax rate: tax.nv.gov/tax-types/ · verified April 21, 2026
Nevada has no corporate income tax. Recorded as null; the state imposes the Modified Business Tax (payroll) and Commerce Tax (gross receipts) instead. - Sales tax rate: tax.nv.gov/tax-types/sales-tax-use-tax/ · verified April 21, 2026
Nevada base state sales and use tax rate is 6.85%. County add-ons bring combined rates to 6.85%–8.375%. - Filing fee: corporations.utah.gov/wp-content/uploads/2023/04/currentfees.pdf · verified April 21, 2026
Utah Division of Corporations and Commercial Code Fiscal Year 2026 Fee Schedule, effective July 1, 2025. Domestic limited liability company (LLC) certificate of organization filing fee = $59.00. Same fee online and by mail. - Expedited filing: corporations.utah.gov/wp-content/uploads/2023/04/currentfees.pdf · verified April 21, 2026
Utah FY2026 fee schedule, Section 11 (Other Filings and Fees): Expedited processing fee = $75.00 per filing. Expedited filings are typically processed within one business day. - Foreign LLC registration fee: corporations.utah.gov/wp-content/uploads/2023/04/currentfees.pdf · verified April 21, 2026
Utah FY2026 fee schedule: Foreign limited liability company (LLC) registration filing fee = $59.00. - Annual report fee: corporations.utah.gov/wp-content/uploads/2023/04/currentfees.pdf · verified April 21, 2026
Utah FY2026 fee schedule, Section 3 (Renewal/Annual Report Filings): Limited liability company (LLC) renewal = $18.00, which includes a $5 State of Utah single sign-on portal surcharge. Late renewal fee = $10.00. Statutory deadline confirmed by Utah Code 48-3a-212 as the anniversary month of formation. - Operating agreement requirement: le.utah.gov/xcode/Title48/Chapter3a/48-3a.html · verified April 21, 2026
Utah Revised Uniform Limited Liability Company Act (Utah Code Title 48 Chapter 3a) does not require a written operating agreement. Operating agreements may be oral, in a record, implied, or any combination. - Franchise tax: le.utah.gov/xcode/Title59/Chapter7/59-7-S104.html · verified April 21, 2026
Utah Code 59-7-104 imposes a 4.5% corporate franchise and income tax with a $100 minimum on corporations. The tax applies to LLCs that elect corporate tax treatment, not to default pass-through LLCs. Because the default LLC owes no Utah franchise tax, we record applies as false. The 4.5% rate and $100 minimum are noted in taxes.notes for context. - Corporate income tax rate: le.utah.gov/xcode/Title59/Chapter7/59-7-S104.html · verified April 21, 2026
Utah Code 59-7-104(2): Corporate franchise and income tax rate = 4.5% of Utah taxable income (effective January 1, 2025). 59-7-104(3): minimum tax $100. - Sales tax rate: tax.utah.gov/business/sales-tax/sales/rates/ · verified April 21, 2026
Utah State Tax Commission combined sales and use tax rate charts effective January 1, 2026: state-only sales tax rate = 4.85%. Local option, county option, mass transit, and other local add-ons raise the combined rate to approximately 6.1% to 9.5% depending on jurisdiction. - Business name search: businessregistration.utah.gov/ · verified April 21, 2026
Utah Business Registration portal (formerly secure.utah.gov/bes) hosts the business entity search and online formation filings. The legacy bes.utah.gov URL now redirects to businessregistration.utah.gov. - Online filing portal: businessregistration.utah.gov/ · verified April 21, 2026
Utah Division of Corporations online filing portal. Filers must log in with a UtahID account to file a Certificate of Organization for a new domestic LLC. - Certificate of Formation form: commerce.utah.gov/corporations/business-entities/domestic-limited-liab… · verified April 21, 2026
Utah no longer distributes a fillable Certificate of Organization PDF for domestic LLCs. The Division moved to an online-only filing flow through businessregistration.utah.gov; filers complete the certificate through the portal. Paper filings are accepted via a general Submit a Paper Filing upload path but there is no numbered form. - Naming rules: commerce.utah.gov/corporations/policies-and-procedures-for-administeri… · verified April 21, 2026
Utah Division of Corporations policy page covering business entity name availability and standards. Published by the Utah Department of Commerce at commerce.utah.gov.