Wyoming vs Delaware vs New Mexico LLC for a Non-Resident: Fees, Upkeep and What Does Not Change

If you do not live in the United States, the state you pick for your LLC changes what you pay the state each year and the paperwork around it. It does not change your US federal obligations. This guide compares three states people often ask about, using the states' own fee schedules and statutes, and then lists what is identical wherever the LLC is formed.

In short:

• Formation fee (state). Wyoming $100; Delaware $110; New Mexico $50.
• Yearly state cost. Wyoming: annual report with a license tax of at least $60. Delaware: annual tax of $400 due June 1, no annual report. New Mexico: we found no annual report or annual fee in the LLC Act text.
• Federal side is the same. A single-member LLC owned by a non-US person still needs an EIN and, in most cases, a pro forma Form 1120 with Form 5472 every year, whatever the state.
• Not covered. Which state is best for your business, your liability, or your tax in your country of residence. Those are legal and tax questions we do not answer.

The numbers, state by state

Sources for the figures: the Wyoming Secretary of State fee schedule (revised June 2026), the Delaware Division of Corporations fee schedule (revised August 1, 2026) and 6 Del. C. § 18-1107, and New Mexico's LLC Act (NMSA 1978, § 53-19-63 for the $50 fee). A registered agent is required by 6 Del. C. § 18-104 and NMSA § 53-19-5; Wyo. Stat. § 17-29-113 requires a Wyoming LLC to maintain a registered office and registered agent in the state (see also our annual report guide).

Three cautions on reading the table:

• State fees are not the whole cost. A registered agent charges its own yearly fee, which varies by provider, and many formation services add their fee on top of the state's.
• Fees change. Check the state's current schedule before you file. One page of Delaware's own FAQ still shows a $300 annual tax; the statute says $400 (see our Delaware annual tax guide).
• "None found" is not "none for ever". We read the New Mexico LLC Act text and found no annual-report or annual-fee provision. Confirm on the Secretary of State's site, and check separately whether any state or local tax applies to your activity.

What does not change, whichever state you choose

The state of formation decides the state's fees. The IRS treats a single-member LLC with a non-US owner the same way in all fifty states:

1. EIN. The LLC needs one. A non-US owner without an SSN can still get an EIN; see EIN without an SSN.
2. Form 5472 with a pro forma Form 1120. A foreign-owned single-member LLC is treated as a corporation for this reporting rule and must report certain transactions with its owner, even with no income. The penalty for failing to file starts at $25,000. See Form 5472 line by line and who must file.
3. Beneficial ownership reporting (FinCEN). Check the current rules for your situation in our BOI guide.
4. Your own country's tax rules. They depend on where you live, not on the US state. We do not advise on them; a local adviser does.

Which should you pick?

We cannot choose for you, because it depends on facts about your business that are outside tax preparation (where you operate, who your customers are, what a bank or platform will accept, what liability protection you need). What the numbers do show:

• If the lowest state running cost is your main concern, the table favours New Mexico (no yearly state amount found) over Wyoming ($60 minimum) and Delaware ($400).
• If you expect contracts or investors that ask for Delaware, that requirement, not the fee, will decide it.
• If you already have an LLC, moving it is a separate project with its own filings and fees; do not move just to save a small yearly amount.

What Melya can do

• Form 5472 and pro forma 1120 filing: the federal filing every foreign-owned LLC owes, whatever the state.
• State annual report filing for Wyoming.
• Form 1040-NR assessment, $95: a written answer on whether you owe a personal US return.

Melya is a tax preparation business whose founder holds a PTIN. We do not represent you before the IRS, and we do not give legal advice. Our LLC formation for non-resident founders (from $399) files the articles of organization in the state you choose and prepares the EIN application.

Related guides

• Bank account for a US LLC with a non-resident owner
• Wyoming LLC annual report
• Delaware LLC annual tax
• What a foreign-owned US LLC files each year
• Form 8832 for a foreign-owned LLC
• Bank asks for a W-9

Frequently asked questions

Which state is cheapest for a non-resident LLC owner?

On state fees alone, New Mexico: $50 to form and no annual report or annual fee found in the LLC Act. Wyoming is $100 plus at least $60 a year; Delaware is $110 plus $400 a year. A registered agent's fee comes on top in every state.

Does the state change my Form 5472 obligation?

No. Form 5472 is a federal filing. A foreign-owned single-member LLC must file it whichever state it was formed in.

Do I pay US income tax because I chose Wyoming, Delaware or New Mexico?

The state choice does not decide your US income tax. That depends on whether the LLC has US-source income or a US trade or business. See Form 1040-NR.

Does Delaware really have no annual report?

Delaware LLCs pay an annual tax by June 1 but do not file an annual report, according to the Division of Corporations. See our Delaware guide.

Can I use a virtual address instead of a registered agent?

No. Each state requires a registered agent with an office in that state. A mailing address is a different thing.

Sources

• Wyoming Secretary of State, Business fee schedule (rev. June 2026): LLC Articles of Organization $100; annual report license tax $60 or $.0002 per dollar.
• Delaware Division of Corporations, Fee schedule (rev. August 1, 2026): LLC formation, domestic.
• 6 Del. C. § 18-1107 (annual tax $400) and § 18-104 (registered agent).
• Wyoming Limited Liability Company Act, Wyo. Stat. Title 17, Chapter 29: § 17-29-113 (registered office and agent).
• New Mexico Limited Liability Company Act, NMSA 1978, Chapter 53, Article 19: § 53-19-5 (registered agent), § 53-19-63 ($50 filing fee).
• IRS, Instructions for Form 5472: foreign-owned disregarded entities, penalty.

This page compares public state fee schedules and statutes. It is not legal or tax advice, and it does not cover the tax law of your country of residence.

Related reading: Closing a Delaware LLC from abroad