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Wyoming, Delaware or New Mexico LLC? | Speed LLC

Delaware is not built for you, and Wyoming is not always the best choice. Here is how to decide based on your actual situation.

Updated on 3 min read

Three names come up in every discussion about US LLCs for non-residents. The choice depends on just three criteria: what the state costs you each year, what it demands of you, and what it discloses publicly.

The comparison, without the hidden fees

CriterionNew MexicoWyomingDelaware
Formation fee$50$100$110
Annual reportNoneYesYes
Minimum annual costagent only$60 + agent$300 + agent
State tax on turnoverNoneNoneNone
Members' names publicNoNoNo
Confidentiality of managers' identityHighHighLow

New Mexico: the best default choice

For a service business invoiced from Europe — consulting, development, e-commerce, content creation — New Mexico combines the lowest cost with the lightest obligations. No annual report, no state tax, $50 once.

  • Choose it if you want the lowest total cost and the fewest formalities.
  • Choose it if your business is run from Europe, with no office in the United States.
  • Avoid it if you plan to raise funds from US investors.

Wyoming: the well-established benchmark

Wyoming enjoys a solid reputation and modernised company law. It imposes an annual report, but its cost remains low and its confidentiality excellent. It is a defensible choice if you prefer a state your counterparts know better.

  • Choose it if your US clients or partners are more familiar with Wyoming.
  • Choose it if you accept an annual report in exchange for a state's name recognition.
  • Avoid it if your absolute priority is having nothing to file.

Delaware: reserved for projects that raise funds

Delaware charges a markedly higher annual franchise tax and requires a report. Its advantages — abundant case law, investor familiarity — only materialise for a company that takes on shareholders or is aiming for a stock market listing.

What matters does not depend on the state

Whichever state you pick, three obligations are federal and therefore identical everywhere: obtaining an EIN, filing Form 5472 every year, and reporting your income in your country of residence. Choosing Delaware does not exempt you from any of them.

Our guide on tax sets out these obligations in detail, and our formation guide walks through the procedure step by step.

Our recommendation

For the vast majority of European entrepreneurs invoicing for services, New Mexico is the best compromise: the lowest cost, no annual state obligation, and confidentiality on a par with Wyoming. Keep Delaware for projects that will raise funds.

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