Which state should a non-resident choose in 2026?

If you have no physical presence in the US, you can form your LLC in any state. That freedom means you should optimize for cost, privacy, and simplicity - not prestige.

Fees verified August 2026 against state fee schedules. Delaware's annual tax rose from $300 to $400 effective January 1, 2026 (Delaware Division of Corporations) - many comparison sites still show the old figure.

StateFormation filing feeAnnual costAnnual paperworkOwner names public?Processing
Wyoming $100 $60/yr minimum Annual report (license tax $60 min; higher only if WY-located assets exceed $250,000) No Online - approved immediately
New Mexico $50 $0 None. No annual report, no annual fee No Online - typically 1-3 business days
Delaware $110 $400/yr Annual franchise tax payment (no report for LLCs). Raised from $300 in 2026 No Online/mail; pricey expedite tiers
Florida $125 $138.75/yr Annual report due May 1 - miss it and the late penalty is severe Yes Online - typically 1-5 business days
Texas $300 $0 for most small LLCs Annual Public Information Report is mandatory even when no franchise tax is owed Yes Online - typically 4-10 business days

Our honest take

Wyoming is the default for a reason: cheap, instantly approved online, no state income tax, and member names stay off the public record. Banks and payment processors see Wyoming non-resident LLCs every day, which makes the rest of your setup smoother. The $60 annual report is a five-minute online task.

New Mexico is the minimalist's pick - the only state of the five with literally zero annual state obligations. The trade-offs are slower processing and slightly less familiarity from banks and processors. If every dollar of ongoing cost matters and you're comfortable being marginally more "exotic" to compliance teams, it's excellent.

Delaware earns its reputation with corporations raising venture capital. For a small non-resident LLC it now costs $400 every year for prestige you probably don't need. Choose it only if investors or partners specifically expect it.

Florida and Texas make sense when you have a genuine connection - property, inventory, employees, or personal presence. Choosing them for a purely remote business buys you public disclosure of your name and more paperwork for no benefit.

Don't forget the two costs every state shares: a registered agent (legally required; ~$100-125/yr from a commercial provider) and - for foreign-owned single-member LLCs - the annual IRS Form 5472 filing. Our calculator includes both so you see the true total, not the advertised state fee.

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