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Wyoming vs Delaware LLC (2026): Costs, Privacy and When Neither Makes Sense
Every fee checked on the Delaware and Wyoming government sites Oct 11, 2026 · General information, not legal or tax advice
Short answer. Wyoming is cheaper: $100 to form and at least $60 a year. Delaware costs $110 to form and $400 a year in LLC tax, which is $1,710 more over five years in state charges. People choose Delaware for its business courts and investor familiarity, not its price. But if you run your business from one state, such as from home, you'll usually have to register your Wyoming or Delaware LLC there too. That means paying two states and hiring two registered agents. For most owners who live and work in one state, forming in that state is cheaper than either.
Which describes you?
- You'll operate mainly in one U.S. state (home office, local customers, employees or property there): form in that state. See what it costs in each state.
- Your business has no office, staff or property in any state (for example, some online-only businesses and holding companies): Wyoming is usually the lower-cost choice.
- You plan to raise venture capital: investors commonly expect a Delaware corporation, not an LLC. Talk to a startup lawyer before forming either.
Costs side by side
| Wyoming | Delaware | |
|---|---|---|
| Formation filing | $100 (Articles of Organization; Wyoming says "A convenience fee will be added" online, amount not stated) | $110 (Certificate of Formation) |
| Yearly state charge | Annual report license tax: $60 or $0.0002 per dollar of Wyoming assets, whichever is greater | Annual LLC tax: $400, flat |
| When it's due | First day of your anniversary month, every year (first due the year after formation) | "On or before June 1st", for the prior calendar year |
| Annual report | Yes, filed with the license tax | None: "There is no requirement to file an Annual Report" |
| If you pay late | The Secretary of State sends a notice; the LLC becomes defunct unless it complies "within sixty (60) days of the date of notice" (W.S. 17-29-705(b)); reinstatement for tax is $100 | "$200.00 plus 1.5% interest per month on tax and penalty"; certificate canceled after 3 years unpaid (§18-1108); revival $220 |
| Good standing certificate | Free online ($20 otherwise) | $50 short form, $175 long form |
| Registering in the other state as a foreign LLC | $150 (Certificate of Authority) | $200 (Foreign Certificate of Registration) |
| Registered agent | Required: a Wyoming-resident individual or authorized entity with a physical Wyoming address ("A Drop Box is not acceptable") | Required: a Delaware registered office and agent (the LLC itself, a Delaware-resident individual, or an eligible entity) |
Five years of state charges (formation plus five annual charges; agents excluded; ESTIMATED):
- Delaware: $110 + 5 × $400 = $2,110
- Wyoming: $100 + 5 × $60 = $400
- Difference: $1,710
About Delaware's $400. Delaware's tax instructions and statute (6 Del. C. §18-1107) say $400 VERIFIED. Neither states when the increase from $300 took effect. Industry sources report that HB 400 applies "beginning with the 2026 tax year", with the new amounts implemented August 1, 2026. If so, the June 1, 2026 payment (for 2025) was $300, and the first $400 payment is due June 1, 2027 REPORTED. Treat that timing as reported, not confirmed. Many comparison pages still show $300.
Sources: Delaware LLC tax instructions ↗ (opens in a new tab); 6 Del. C. §§18-1107–18-1108 ↗ (opens in a new tab); Delaware fee schedule (revised Aug 1, 2026) ↗ (opens in a new tab); 6 Del. C. §18-104 ↗ (opens in a new tab); Wyoming business fees (rev. June 2026) ↗ (opens in a new tab); Wyoming Articles of Organization ↗ (opens in a new tab); How to Create a Wyoming Company ↗ (opens in a new tab); W.S. 17-29-705 ↗ (opens in a new tab). HB 400 timing (non-government): Delaware Inc. ↗ (opens in a new tab). Checked Oct 11, 2026.
The second state: the cost most comparisons leave out
An LLC that does business in a state other than the one it was formed in usually has to register there as a "foreign" LLC. That means a second filing fee, that state's yearly obligations and a second registered agent. Here's year one for an owner who runs the business from Texas, California or New York (ESTIMATED from the official fees linked below; agents not included):
| You operate in | Form at home | Form in Wyoming + register at home | Form in Delaware + register at home |
|---|---|---|---|
| Texas | $300 | $100 + $750 = $850 | $110 + $750 = $860 |
| California (LLC formed in 2026) | $70 + $20 + $800 tax = $890 | $100 + $70 + $20 + $800 = $990 | $110 + $70 + $20 + $800 = $1,000 |
| New York | $200 + $50 + newspaper publication | $100 + $250 + $50 + publication = $400 + publication | $110 + $250 + $50 + publication = $410 + publication |
| Agents needed | 1 (or yourself) | 2 | 2 |
| Every year after | Home-state charges only | Home-state charges + Wyoming's $60+ | Home-state charges + Delaware's $400 |
- Texas: forming in Wyoming costs $550 more in year one than forming in Texas, plus a second agent.
- California: the $800 tax applies to LLCs doing business there wherever they were formed. If your first taxable year begins in 2027–2029, California's first-year tax is $400, making the row $490 / $590 / $600. Details: California LLC guide.
- New York: foreign LLCs also file a Certificate of Publication ($50 on the fee schedule), and newspaper costs vary by county.
Sources: Texas Form 806 (rev. 09/26) ↗ (opens in a new tab); Texas Form 205 ↗ (opens in a new tab); California foreign LLC forms ↗ (opens in a new tab) and domestic LLC forms ↗ (opens in a new tab); FTB LLC page ↗ (opens in a new tab); FTB What's New ↗ (opens in a new tab); New York DOS fee schedule ↗ (opens in a new tab). Checked Oct 11, 2026 (Texas domestic $300 from Statutia state data, checked Oct 7, 2026).
Not sure whether you're "doing business" in your home state? Each state defines it in its own law, and the answer has tax consequences. A CPA or attorney can apply it to your facts. Statutia is an independent publisher, not a law firm.
Registered agents in Wyoming and Delaware
Both states require one. Unless you live in the state (or, in Delaware, keep a registered office there), you'll hire a commercial agent. A commercial agent costs about the same in either state, so agents don't change the $1,710 gap.
How we make money: Statutia has no affiliate relationships yet. Every provider link on this page is a plain link that earns us nothing. If that changes, commercial links will be labeled next to the link. Commissions will never change our rankings. Details.
For example, Northwest charges $125 a year (Northwest ↗ (opens in a new tab), checked Oct 11, 2026). One thing to watch: Northwest's annual-report page says agent customers are "automatically enrolled" in its report-filing service at $100 + state fee per report, charged about 90 days before the deadline (the same page's FAQ says "Not automatically"; source ↗ (opens in a new tab), checked Oct 11, 2026). In Wyoming that would add $100 a year on top of the $60 license tax, which you can file yourself. Delaware LLCs file no annual report, only the tax.
Compare registered agents by 5-year cost → · All agent prices
Privacy: what each state puts on the public record
| Wyoming | Delaware | |
|---|---|---|
| What the formation filing must include | LLC name, registered agent's name and physical address, mailing and principal office addresses, and the organizer's printed name and signature | LLC name, registered office address, and the registered agent's name and address (6 Del. C. §18-201) |
| Member or manager names required? | No | No |
| Public record | "Any information keyed in to the online system or stated on the paper form including all signatures will be public upon filing" | The certificate is filed with the Division of Corporations |
| Contact person | Agent consent filed with the Articles | The LLC must give its agent a "communications contact" (a named person). This goes to the agent and isn't part of the certificate |
What this means. In both states your name can stay off the formation filing if someone else signs as organizer (Wyoming) and you use a commercial registered agent. If you file Wyoming Articles yourself, your name appears as organizer. Neither state hides you from your bank, the IRS or a court. U.S.-formed LLCs no longer file beneficial-ownership reports: FinCEN says "U.S. companies are exempt from the Beneficial Ownership Information (BOI) reporting requirements" (FinCEN ↗ (opens in a new tab), final rule Aug 11, 2026). If you register in another state, that state's record shows whatever its own forms require.
Sources: 6 Del. C. §18-201 ↗ (opens in a new tab); §18-104(g) ↗ (opens in a new tab); Wyoming Articles ↗ (opens in a new tab); How to Create a Wyoming Company ↗ (opens in a new tab). Checked Oct 11, 2026.
Why some founders still pay for Delaware
Delaware's case is about legal infrastructure, not price. It has a dedicated business court (the Court of Chancery), a long body of business case law, and lawyers and investors who are used to Delaware documents. That is widely reported to matter for companies expecting outside investors, complex ownership deals or an acquisition REPORTED. It matters little for a freelancer, a rental property or a small online store. If venture funding is the plan, investors typically ask for a Delaware corporation rather than an LLC. Decide that with a lawyer before you form anything.
Deadlines at a glance
| Wyoming | Delaware | |
|---|---|---|
| Yearly filing | Annual report + license tax, due the first day of the anniversary month | LLC tax only, due June 1 for the prior year |
| Missed payment | After the Secretary of State's notice, the LLC becomes defunct unless it complies within 60 days of the notice date | $200 penalty + 1.5% a month on tax and penalty |
| Long-term consequence | Defunct status; reinstatement for tax $100 | Certificate canceled on the third anniversary of an unpaid due date; revival $220 plus back taxes, penalties and interest |
Put either date in your calendar with our deadline tool. All 51 jurisdictions' yearly fees: LLC annual fees.
What to do next
- Decide where you operate. If it's one state, look up that state's formation and first-year costs.
- If Wyoming or Delaware is right for you, choose a formation service or file directly with the state (Wyoming SOS ↗ (opens in a new tab), Delaware Division of Corporations ↗ (opens in a new tab)).
- Line up a registered agent in the formation state, and in your home state if you register there.
Compare formation services by 5-year total cost → · Compare registered agents → · Formation cost calculator
FAQ
Is a Wyoming LLC cheaper than a Delaware LLC? Yes. State charges are about $400 vs $2,110 over five years (formation plus five annual charges).
Is Delaware's LLC tax $300 or $400? $400 under current Delaware law. Reported timing: it applies from the 2026 tax year, so the first $400 payment is due June 1, 2027.
Do Delaware LLCs file an annual report? No. They pay the annual tax only.
Will a Wyoming LLC save me taxes if I live and work in Texas or California? No. You'd register in your home state too ($750 in Texas; $70 plus the annual tax in California) and keep paying Wyoming.
Which state is more private? Neither requires member names on the formation filing. Delaware's certificate shows the agent. Wyoming's Articles also show the organizer, so use a service as organizer if that matters. No LLC hides you from banks, the IRS or courts.
Can I be my own registered agent? Only with a physical address in that state: as a Wyoming resident, or with a Delaware registered office. Most nonresidents hire a commercial agent.
Sources (checked October 11, 2026)
- Delaware: LLC tax instructions ↗ (opens in a new tab); fee schedule (revised Aug 1, 2026) ↗ (opens in a new tab); 6 Del. C. ch. 18, subch. I ↗ (opens in a new tab), subch. II ↗ (opens in a new tab), subch. XI ↗ (opens in a new tab)
- Wyoming: business fees ↗ (opens in a new tab); Articles of Organization ↗ (opens in a new tab); How to Create a Wyoming Company ↗ (opens in a new tab); W.S. 17-29-705 ↗ (opens in a new tab)
- Second-state fees: Texas Form 806 ↗ (opens in a new tab); California foreign LLC ↗ (opens in a new tab); FTB LLC ↗ (opens in a new tab); New York fee schedule ↗ (opens in a new tab)
- FinCEN BOI ↗ (opens in a new tab)
- HB 400 timing (reported, non-government): Delaware Inc. ↗ (opens in a new tab)
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