Wyoming vs New Mexico vs Delaware: what an LLC really costs a non-resident
Most of what ranks for this question is written by companies selling you their own formation service. This page has no state to sell you: pick a time horizon, put in your registered agent's real price, and see the full cost side by side, with every state figure linked to the official source it was read from.
Short version
New Mexico is the cheapest US state to keep an LLC alive: $50 once, no annual report, no recurring state fee. Wyoming costs $100 to file plus a $60-minimum annual report tax. Delaware costs $110 to file plus a flat $300 annual tax. All three keep member names off the formation filing, so "privacy" alone is not a reason to pay more. Figures verified against state sources on 2026-07-30.
Editable placeholder — use your provider's real price. Every state requires an agent with an in-state street address.
New Mexico
Cheapest$675
total over 5 years
- $50 state filing, once
- No recurring state fee
- $125/yr registered agent
Wyoming
$1,025
total over 5 years
- $100 state filing, once
- $60/yr to the state
- $125/yr registered agent
Delaware
$2,235
total over 5 years
- $110 state filing, once
- $300/yr to the state
- $125/yr registered agent
Over 5 years, New Mexico is the cheapest at $675 all-in. State figures verified 2026-07-30; the model counts each state's recurring charge once per year of operation.
The full comparison
| New Mexico | Wyoming | Delaware | |
|---|---|---|---|
| State filing fee (once) | $50 | $100 | $110 |
| Recurring state cost | No annual report and no recurring state fee | Annual report license tax, $60 minimum | Flat $300 annual tax, due June 1 |
| Annual paperwork | None. New Mexico LLCs have no annual state filing. | An annual report is due every year on the first day of the anniversary month of formation. | No annual report — Delaware LLCs only pay the $300 annual tax each June 1. |
| If you pay late | Nothing recurring to miss at the state level. | If the annual report is not paid within 60 days of the due date, the entity is subject to dissolution. | Paying the annual tax late adds a $200 penalty plus 1.5% interest per month on the tax and penalty. |
| What the formation filing makes public | Articles must state the company name, registered agent and office street address, duration if not perpetual, and whether it is manager-managed or single-member. Member and manager names are not required. | The articles form asks for the company name, registered agent name and Wyoming physical address, mailing and principal office addresses, and an organizer signature. Member and manager names are not on the form. | The certificate of formation must state only the company name and the registered office and agent. Members and managers are not named in it. |
Ready to form one?
A formation service files the paperwork, acts as your registered agent, and gets your EIN handled in any of these states. We cover the two most nomads use in our US LLC guide: doola and Firstbase. Remember the EIN itself is free from the IRS if you do it yourself.
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Non-resident LLC FAQ
Can a non-US resident own an LLC in these states?
Yes. None of the three states' formation documents ask where members live or what passport they hold. What every state does require is a registered agent with a street address in that state, which is why non-residents pay a commercial agent a yearly fee.
Which state is actually cheapest for a non-resident?
New Mexico, and it is not close over time: $50 to file, then no annual report and no recurring state fee at all. Wyoming is $100 to file plus a $60-minimum annual report tax. Delaware is $110 to file plus a flat $300 annual tax every June 1.
Is Wyoming really more private than New Mexico or Delaware?
Not at the formation stage. All three states keep member names off the formation filing: Wyoming's articles form asks only for the agent, addresses, and an organizer signature; New Mexico's statute requires the name, agent, and management statements; Delaware's certificate needs only the name and registered agent. Privacy marketing that treats this as a Wyoming exclusive is overstating it.
Do I need to pay for an EIN?
No. An EIN is free directly from the IRS. Non-residents without a US taxpayer ID cannot use the online tool, but can apply by phone at +1 267-941-1099 or by filing Form SS-4 by fax or mail.
Do I have to report my ownership to FinCEN (BOI)?
As of FinCEN's March 26, 2025 alert, all entities created in the United States, including LLCs owned by foreigners, are exempt from beneficial ownership reporting. Rules have shifted before, so check FinCEN's BOI page before relying on this.
What is the hidden federal filing non-residents miss?
A foreign-owned single-member US LLC must file Form 5472 with a pro forma Form 1120 every year it has reportable transactions, in every state. The IRS penalty for not filing is $25,000, which dwarfs any state fee difference on this page.
Sources
Every figure on this page was read from the source below on 2026-07-30.
- Wyoming Secretary of State filing fee schedule (effective July 1, 2026)
- Wyoming Secretary of State LLC Articles of Organization form and instructions
- NMSA 1978 § 53-19-63 (2025), LLC filing fees
- NMSA 1978 § 53-19-8 (2025), articles of organization contents
- Delaware Division of Corporations fee schedule (revised August 1, 2024)
- Delaware Division of Corporations, LLC/LP annual tax
- 6 Del. C. § 18-201, certificate of formation contents
- IRS, employer identification number
- IRS, instructions for Form 5472
- FinCEN, beneficial ownership information reporting
This tool is general information, not legal or tax advice. State fees change and your tax position depends on facts a page cannot capture, so confirm figures against the linked sources and your own adviser before acting.