How do Delaware and Nevada compare?
| Delaware | Nevada | |
|---|---|---|
| Formation filing | Certificate of Formation | Articles of Organization, with an Initial List and a State Business License application |
| State cost to form | $110 | $425: $75, $150 and $200 |
| Yearly state cost | $400 annual tax under the current form | $350: Annual List $150 and business license renewal $200 |
| Yearly due date | June 1 | Last day of the anniversary month |
| Annual report | None for LLCs | Annual List of managers or managing members |
| Names on the public record | None required | Managers or managing members |
| State income tax | Yes, on income from Delaware activity | None |
| Other state business taxes | Gross receipts tax on businesses operating in Delaware | Commerce Tax above $4 million of Nevada revenue, and a payroll-based Modified Business Tax |
| Registered agent | Required | Required |
What does each cost over five years?
In state charges alone, a Delaware LLC costs about $1,710 over its first five years: $110 to form, then four annual taxes of $400. A Nevada LLC costs about $1,825: $425 to form, then four years at $350. Registered agent fees come on top in both states. Delaware is cheaper to start, and the yearly costs are close.
How do they differ on privacy?
Delaware's Certificate of Formation gives only the LLC's name and its registered agent. It names no members or managers, and there is no annual report that would. Nevada's Initial List and Annual List name the LLC's managers or managing members, and those lists are public. A Nevada LLC can be set up as manager-managed so that the list shows the manager instead of every member. See member-managed vs manager-managed LLC.
Does either state save tax?
Not for a business run from somewhere else. State income tax follows where the business operates and where its owners live, not where the LLC was formed. Nevada has no personal or corporate income tax, but that only helps for income from activity in Nevada. Delaware does not tax the income of an LLC that merely exists there on paper, although the $400 annual tax is due regardless. Federally, both are taxed like any other LLC. See how LLCs are taxed and home state or another state.
How do the courts and the law compare?
Delaware's Court of Chancery is a specialist court that decides business disputes without juries, and it has produced a large body of case law. Delaware's LLC law also gives owners wide freedom to set their own terms in the operating agreement. Nevada has business court dockets in its largest counties and a statute written to be friendly to management, but far less case law. For a small LLC with one owner, the difference rarely matters in practice.
Which should you choose?
- Delaware if you expect investors or complex ownership terms, or the LLC sits in a group already organized there. Venture investors usually want a corporation, not an LLC. See Delaware C corp for startups.
- Nevada if you live in Nevada or run the business from there.
- Neither if you operate from another state, where your home state is usually the right choice, or if you have no US base and want the lowest yearly cost. See the best state for a non-resident LLC.
Filing steps are in how to form an LLC in Delaware and how to form an LLC in Nevada.
Deciding between Delaware and Nevada?
Tell us where you live, where the business operates and whether you plan to raise money. We recommend a state and form the LLC there.
Questions people ask
Is Delaware or Nevada cheaper for an LLC?
Delaware is cheaper to form, $110 against $425. Yearly costs are close: $400 in Delaware and $350 in Nevada.
Which is more private, a Delaware or a Nevada LLC?
Delaware. Its Certificate of Formation names no owners or managers, while Nevada's Initial and Annual Lists name managers or managing members.
Does a Delaware or Nevada LLC avoid state income tax?
Not if you run the business from another state. Your home state taxes the income and usually requires the LLC to register there.
Why do businesses choose Delaware?
For its business law and the Court of Chancery, which matter most to companies with investors or complex ownership.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- Delaware Division of Corporations: Certificate of Formation form, rev. 8/2026
- Nevada Revised Statutes chapter 86: limited-liability companies
- Nevada Secretary of State: business entity fees
- IRS: Employer identification number
Rules and fees change. If you are reading this long after October 1, 2026, confirm the figures with the source before you rely on them.
Related guides
More in Starting a US company
This guide is general information. It is not tax or legal advice for your situation.