LLCroadGuide
Wyoming vs Delaware LLC: which state fits your business
Verified on October 23, 2026 · By LLCroad
Short answer
For a non-resident running an online business, Wyoming is usually the simpler choice: the filing fee is $100 and the annual report starts at $60, against a flat annual tax of $400 in Delaware. Delaware makes the most sense when you plan to raise money from US venture investors.
The two states side by side
| Criterion | Wyoming | Delaware | New Mexico |
|---|---|---|---|
| State filing fee | $100 | $110 | $50 |
| Yearly state cost | $60 minimum (annual report) | $400 (annual tax) | — |
| Due date | First day of the anniversary month | June 1 | — |
| If late | Dissolution after 60 days | $200 penalty + monthly interest | — |
Forming in Delaware means a certificate of formation at $110; forming in Wyoming means Articles of Organization at $100. The table also shows New Mexico, where the articles of organization cost $50, as a third point of comparison.
Yearly obligations and deadlines
| Wyoming | Delaware | |
|---|---|---|
| Yearly state filing | Annual report | LLC annual tax |
| Amount | From $60 | $400 |
| Due date | First day of the anniversary month | June 1 |
The Wyoming report is due on the first day of the month in which the company was formed, and its minimum applies unless the company holds significant assets in Wyoming. The Delaware tax is due on June 1 for every LLC, with or without activity. Over several years, the yearly gap matters more than the formation fee.
When Wyoming makes sense
- You are a solo founder or a small team living outside the United States.
- You sell software, services, digital products or physical goods online.
- You want a US company for a US bank account, Stripe and marketplaces, with low yearly upkeep.
- You do not plan to bring in US venture investors in the near future.
This is the profile of most of our clients. Read the complete Wyoming LLC guide or why Wyoming for more context.
When Delaware makes sense
- You are preparing a fundraising round with US venture funds, which generally expect a Delaware company.
- Your lawyers, co-founders or investors already work with Delaware documents.
- You value the depth of Delaware’s business courts and case law for a company with many stakeholders.
More on this in the Delaware LLC guide.
What does not change with the state
Whatever the state, you need a registered agent there, an EIN from the IRS, a bank account matched to your country of residence and, for a single-member LLC owned by a non-resident, a yearly Form 5472 with a pro forma 1120. The state choice affects mainly the yearly state cost and the paperwork around it.
Your customers, your payment tools and your bank will treat a Wyoming LLC and a Delaware LLC the same way: both are US companies with an EIN and a US bank account. The steps to get there are described in EIN without SSN.
Our choice: Wyoming, all inclusive
LLCroad forms Wyoming LLCs only. For $489, we file with the state, act as your registered agent for the first year, request your EIN without an SSN, prepare your documents, help you open the bank account and file your first Form 5472. The plans are detailed on our pricing page, and you can place your order online.