How do Wyoming and Delaware compare?
| Wyoming | Delaware | |
|---|---|---|
| Formation document | Articles of Organization | Certificate of Formation |
| State fee to form | $100 | $110 |
| Yearly state charge | Annual report license tax: $60, or $0.0002 per dollar of Wyoming assets if higher | Flat annual LLC tax: $400 under the state's current form |
| Yearly due date | First day of the month the LLC was formed | June 1 |
| Members named on the formation document | Not asked for | Not asked for |
| State income tax | None | Yes, on income from Delaware activity |
| Statewide sales tax | Yes | None |
| Registered agent | Required, physical Wyoming address | Required, Delaware street address |
| Business courts | General state courts | A specialist business court with long case law |
What is the cost difference over time?
Over five years, state charges alone come to about $400 in Wyoming, $100 plus four annual reports at $60 for a company with modest Wyoming assets, against about $1,710 in Delaware, $110 plus four annual taxes at $400. Registered agent fees come on top in both. The yearly difference, $340, is the price of Delaware's legal system.
When does Delaware make sense?
- You expect outside investors who will want Delaware law, though venture investors usually want a Delaware corporation rather than an LLC. See Delaware C corp for startups.
- The ownership and management arrangements are complex, and the certainty of Delaware case law has real value.
- The LLC is a holding company in a larger group already organized in Delaware.
When does Wyoming make sense?
- A small business or single owner with no ties to another state, including many owners outside the US.
- Low, predictable yearly costs matter more than the choice of courts.
- You want a state with no personal or corporate income tax, noting that tax follows where the business actually operates.
What if you live in another US state?
Then the answer is often neither. A business run from your home state usually has to register there as a foreign LLC, paying that state's fees on top of Wyoming's or Delaware's. See which state to form your LLC in.
Which deadline is easier to keep?
Delaware's June 1 is the same every year for every LLC. Wyoming's falls on the first day of your formation month, so an LLC formed in March files by March 1 each year. Missing either leads to penalties and, eventually, loss of good standing. See Delaware LLC annual tax.
Where can you read more?
For the full filing steps, see how to form an LLC in Wyoming and how to form an LLC in Delaware. For owners outside the US, see the best state for a non-resident LLC.
Weighing Delaware against Nevada instead? See Delaware vs Nevada LLC.
Still deciding between them?
Tell us who owns the business, where it operates and whether you will raise money. We recommend a state and form the LLC there.
Questions people ask
Is Wyoming or Delaware cheaper for an LLC?
Wyoming. It costs $100 to form and at least $60 a year, against $110 and $400 a year in Delaware under its current form.
Why do people choose Delaware?
For its business law and specialist business court, which matter most to companies with investors and complex ownership.
Does Wyoming or Delaware have state income tax?
Wyoming has none. Delaware does, but it applies to income from Delaware activity, not to LLCs that only exist there on paper.
Should a non-resident choose Wyoming or Delaware?
For most small non-resident businesses with no US base, Wyoming, because of its lower yearly cost.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- Wyoming Secretary of State: Business Division fee schedule, effective July 1, 2026
- Wyoming Secretary of State: Business entities frequently asked questions
- Delaware Division of Corporations: Certificate of Formation form, rev. 8/2026
Rules and fees change. If you are reading this long after September 30, 2026, confirm the figures with the source before you rely on them.
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This guide is general information. It is not tax or legal advice for your situation.