Wyoming or Delaware for your LLC?
The filing fees are nearly identical — $100 against $110. The difference is what happens every year after: $60 in Wyoming against Delaware's $300 flat annual tax. Over three years that is $280 against $1,010 all-in.
Side by side
Verified July 28, 2026
| Wyoming | Delaware | |
|---|---|---|
| State filing fee | $100 one-time | $110 one-time |
| Annual costDelaware's $300 is charged regardless of income or activity — a dormant Delaware LLC still owes it. | $60 annual report | $300 flat annual LLC tax |
| Three-year total (state only) | $280 | $1,010 |
| State income tax | None | None on LLC income for non-residents doing no Delaware business |
| Processing time | 1–3 business days | 1–3 business days |
| Owner privacy | Member names not listed in public filings | Member names not required in the Certificate of Formation |
| Venture capital expectationInvestors generally want a Delaware C-Corp, not a Delaware LLC — so 'Delaware' alone does not make you fundable. | Uncommon for VC-backed startups | The default US investors expect |
| Case law depth | Less developed | Court of Chancery, the deepest US corporate case law |
Which one fits you
Choose Wyoming if
You are bootstrapping, selling software or services to customers rather than raising from US venture investors, and you want the lowest possible cost to keep a company alive. For most non-US founders this is the right answer, and the $240 a year you save over Delaware is real money on a company that has not raised anything.
Choose Delaware if
You are raising or intend to raise from US venture capital, or you have a specific legal reason to want the Delaware Court of Chancery's case law. Be aware that investors typically want a Delaware C-Corp rather than a Delaware LLC — if fundraising is the goal, the entity type matters more than the state, and you should take advice before assuming an LLC in Delaware solves it.
The filing fee is a distraction
Founders compare $100 against $110 and conclude the states are equivalent. They are not. Delaware charges a flat $300 annual LLC tax regardless of whether the company earned anything, while Wyoming's annual report is $60 or $0.0002 per dollar of Wyoming-based assets, whichever is greater. For a founder with no Wyoming assets, that is $60 a year against $300.
Delaware's reputation is about C-Corps, not LLCs
Delaware's status comes from its Court of Chancery and a century of corporate case law, and from the fact that US venture investors expect Delaware C-Corps. Neither of those benefits transfers automatically to a Delaware LLC held by a solo founder abroad. If you are choosing Delaware because you have heard it is what serious companies use, check whether the reason applies to your structure.
What actually changes for a non-US founder
Very little. Both states allow non-resident ownership, neither requires a US visit, both need a registered agent with a physical in-state address, and the EIN process is identical. The choice is almost entirely about annual cost and whether you are on a venture track.
What this page does not cover
This compares the two states on cost and structure. It does not address your tax position, which depends on where you are resident and what the company does. Delaware's $300 annual tax is a certainty; the tax advice you need is not something a formation service can give you.
Common questions
Is Delaware worth the extra $240 a year?
If you are raising US venture capital, the question is really about entity type rather than state, and you should be talking to a startup lawyer. If you are bootstrapping, the honest answer for most founders is no — you would be paying an annual premium for case law and investor familiarity you will not use.
Does Delaware give better privacy than Wyoming?
Both are strong. Delaware does not require member names in the Certificate of Formation, and Wyoming does not list members in public filings. Neither is meaningfully more private than the other for a typical single-member LLC, and privacy is rarely the deciding factor between these two specifically.
Can I move my LLC from Delaware to Wyoming later?
There are mechanisms — domestication or forming a new entity and migrating assets — but they cost money and carry tax consequences. It is considerably cheaper to choose correctly at the start than to correct it in year two, which is why it is worth spending an hour on this decision now.
Ready to form your LLC?
Wyoming filing, Registered Agent and EIN guidance from $249 plus the state fee. Filed in one to three business days.
RazorFile files companies. We are not a law firm or tax advisor, and nothing on this page is legal or tax advice.