Wyoming, Delaware, or New Mexico: Which State is Best for Your US LLC?
State fees, privacy and taxes: the complete comparison of Wyoming, Delaware and New Mexico to pick the best state for your US LLC as a non-resident.
You've decided to take the leap and create an LLC in the USA to launch your online business, SaaS, or e-commerce store. It's an excellent decision: you get unmatched flexibility, global prestige, and an optimized tax framework. However, one crucial question always comes up: what is the best state for an LLC?
While the US has 50 states, three of them consistently attract the attention of non-resident entrepreneurs: Wyoming, Delaware, and New Mexico.
Each has its own rules regarding LLC tax non-resident structures, ongoing maintenance costs, and privacy. So, Wyoming vs Delaware vs New Mexico, which one should you choose on LLC Place? Let's break it down.
1. Wyoming: The Best Value for Money (Ideal for E-commerce & Freelancers)
Wyoming is historically the birthplace of the Limited Liability Company. For the vast majority of international entrepreneurs (dropshippers, infopreneurs, agency owners, and freelancers), it is the ultimate all-terrain choice.
Key Advantages:
- Anonymous LLC & Privacy: Wyoming protects your personal data. The names of members and managers do not appear on the state's public registry.
- Low Maintenance Costs: The annual state filing fee (Annual Report) is only $60.
- Tax-Friendly: There is no state income tax on LLCs.
Best For: Entrepreneurs looking for a reliable, private, and cost-effective structure to run a global business from anywhere in the world.
2. Delaware: The Golden Standard for Tech & Startups (Ideal for Fundraising & SaaS)
Delaware is world-renowned for business incorporation. Over 65% of Fortune 500 companies are registered here. Why is it so popular?
Key Advantages:
- Investor Magnet: If you are building a SaaS or a tech startup and plan on fundraising from venture capitalists (VCs) or angel investors, American investors almost always require a Delaware structure.
- The Court of Chancery: Delaware features a dedicated corporate court, offering unparalleled legal predictability and safety in case of business disputes.
- The Cons: Delaware is more expensive. You must pay a fixed annual Franchise Tax of $300, regardless of your company's revenue.
Best For: Ambitious startups, complex tech projects, and founders who need maximum institutional prestige or plan to bring in international partners.
3. New Mexico: The Ultra-Budget Outsider (Ideal for Solopreneurs)
Often overlooked, New Mexico has emerged as the most aggressively priced option for solopreneurs and bootstrapper founders.
Key Advantages:
- $0 Annual State Fees: Unlike Wyoming ($60/year) and Delaware ($300/year), New Mexico charges no annual report fees or franchise taxes. Once incorporated, you pay $0 to the state in the following years.
- Total Privacy: Just like Wyoming, New Mexico offers strict confidentiality and does not publish owners' names online.
- The Cons: It carries slightly less international brand prestige than Delaware or Wyoming with some traditional banking institutions.
Best For: Solopreneurs, consultants, or side-project creators looking to eliminate recurring fixed overhead costs entirely.
Comparison Table: Wyoming vs Delaware vs New Mexico
| Criteria | Wyoming | Delaware | New Mexico |
|---|---|---|---|
| Annual State Fees | $60 | $300 | $0 |
| Owner Anonymity | Yes | Yes | Yes |
| Brand Prestige | Excellent | Maximum | Standard |
| Best Used For… | E-commerce, Freelance, FBA | Fundraising, SaaS, Tech | Side projects, Small budgets |
Crucial Note on US LLC Taxation for Non-Residents
A common myth online is that owning a US LLC exempts you from all tax paperwork.
If you are a non-US resident and your business is entirely digital, your LLC will be treated as a disregarded entity for tax purposes. This means the LLC itself does not pay corporate tax in the US, provided you have no physical presence (employees, offices, inventory) in the US (Not ETBUS, Effectively Connected Income).
You must still file annual information returns with the IRS (specifically Form 5472 and Form 1120-Proforma). This is exactly what we handle and simplify for you at LLC Place.
The Verdict: Which State to Pick on LLC Place?
- Choose Wyoming for a balanced, professional, affordable, and highly private solution for your e-commerce or digital services.
- Choose Delaware if your goal is to raise capital, onboard corporate partners, or build a high-growth tech startup.
- Choose New Mexico if your absolute priority is keeping your yearly recurring state fees at zero.
With LLC Place, set up your US company in just a few clicks for a transparent, one-time fee, with absolutely no hidden costs. Create my LLC
