Wyoming vs Delaware vs Texas LLC for Non-Residents (2026)

Short answer

Wyoming and Texas both cost little to keep. Wyoming charges $100 to form an LLC and at least $60 a year. Texas charges $300 to form, and an LLC with revenue at or below $2.65 million owes no franchise tax, though it still files a yearly report. Delaware charges $110 to form but $400 every year. Wyoming and Delaware don't ask for owner names on the formation filing; Texas does. Federal taxes, including Form 5472, are the same in all three.

You don't need to live in, or visit, the state where you form your LLC. Each state does require a registered agent with a street address there, and each has its own fees and yearly filing. Here is a side-by-side comparison, then the details.

Side-by-side comparison

	Wyoming	Delaware	Texas
State fee to form	$100	$110	$300
Yearly state cost	License tax: $60, or $0.0002 per dollar of assets in Wyoming if greater	$400 annual LLC tax	$0 franchise tax at or below $2.65 million revenue (2026 reports)
Yearly filing and due date	Annual report, first day of the anniversary month	Tax payment only, June 1. No annual report.	Public Information Report or franchise tax report, May 15
Owner names on the formation filing	Not required	Not required (name and registered agent only)	Required: initial managers or members, with addresses
Registered agent	Required, Wyoming physical address	Required, Delaware street address	Required, Texas street address
If you pay or file late	Subject to dissolution if not paid within 60 days	$200 penalty plus 1.5% interest per month	$50 penalty per late franchise tax report

Costs in more detail

Wyoming

Filing the Articles of Organization costs $100. Each year the LLC files an annual report and pays a license tax of $60 or two-tenths of one mill ($0.0002) per dollar of assets located and employed in Wyoming, whichever is greater. The $60 minimum applies until those assets pass $300,000. The report is due on the first day of the LLC's anniversary month, and an LLC that hasn't paid within 60 days of the due date becomes subject to dissolution.

Delaware

Filing the Certificate of Formation costs $110. Every Delaware LLC then pays a $400 annual tax, due June 1 for the previous year. There is no annual report. Late payment adds a $200 penalty plus 1.5% interest per month. Some older guides still show $300; the Division of Corporations' current instructions and LLC form show $400.

Texas

Filing Form 205, the Certificate of Formation, costs $300. Texas LLCs are subject to the franchise tax, but an LLC with annualized total revenue at or below the no-tax-due threshold ($2.65 million for 2026 reports) owes none and doesn't file a franchise tax report. It still files a Public Information Report (or Ownership Information Report) each year by May 15. Our guide to forming an LLC in Texas covers each step.

Registered agent fees

All three states require a registered agent with a street address in the state. If you don't live there, you will usually pay a commercial registered agent a yearly fee. Prices vary by provider, so include it when you compare the yearly cost.

Privacy: whose names are on public record

Delaware: the Certificate of Formation asks only for the LLC name and the registered agent.
Wyoming: state law requires the LLC name and the registered agent and office. The form also asks for mailing and principal office addresses and an organizer's signature, but not the members.
Texas: Form 205 lists the initial managers or, if there are none, the initial members, with an address for each.

Privacy in state records does not mean privacy from the IRS or your bank. Form 5472 and bank account applications both require the owner's details.

Which state fits your business?

There is no single best state. These are the usual reasons owners pick each one:

Wyoming: a common choice for an online or service business run from outside the U.S. that wants a low yearly cost and owner names off the formation filing.
Delaware: often chosen by founders who plan to raise money from investors or convert to a corporation, because many investors and lawyers work with Delaware law. For a small LLC without those plans, the $400 yearly tax is the main drawback.
Texas: the natural choice if the business will have a real presence in Texas, such as an office, staff, a warehouse or in-person customers. If you form in another state and then do business in Texas, you generally have to register the LLC in Texas as well, which adds a filing and a fee.

What stays the same in every state

Federal tax. A single-member LLC owned by one foreign person is a foreign-owned disregarded entity in any state. It files Form 5472 with a pro forma Form 1120 each year it has reportable transactions.
The EIN. The IRS process is the same wherever you form. See how to get an EIN as a non-U.S. resident.
BOI reporting. Under FinCEN's final rule, effective August 14, 2026, companies created in the United States are exempt.
Your bank. Account requirements come from the bank, not the state.

How Top Accounting Firm can help

We form LLCs in any U.S. state for $125 plus the state fee, get the EIN and set up the bookkeeping and yearly filings. Owners outside the U.S. can see everything we handle on our foreign-owned U.S. LLC services page. If you are deciding between states, book a free consultation and we will compare them for your business. See all our prices.

Frequently asked questions

Which state is cheapest for a non-resident LLC?

Among these three, Delaware costs the most each year ($400). Wyoming costs $100 to form and at least $60 a year. Texas costs $300 to form, and most small LLCs owe no franchise tax, though they still file a yearly report. In each state, add a registered agent fee if you use a commercial agent.

Can a non-U.S. resident form an LLC in Wyoming, Delaware or Texas?

Yes. None of the three requires the owner to live in the United States. Each requires a registered agent with a street address in the state.

Is Delaware better than Wyoming for a small online business?

Usually not on cost: Delaware's $400 yearly tax is well above Wyoming's $60 minimum. Founders usually pick Delaware for other reasons, such as plans to raise investment.

Does the state I choose change my IRS filings?

No. Federal rules are the same in every state. A foreign-owned single-member LLC files Form 5472 with a pro forma Form 1120 whichever state it is formed in.

Do I have to list my name when I form the LLC?

In Delaware and Wyoming, the formation filing doesn't list the members. In Texas, Form 205 lists the initial managers or members with their addresses.

Does a Texas LLC pay franchise tax?

Texas LLCs are subject to it, but an LLC with annualized total revenue at or below $2.65 million (2026 reports) owes none. It still files a Public Information Report or Ownership Information Report each year by May 15.

Sources

Checked against these sources on October 25, 2026. This article is general information, not tax or legal advice. Rules, fees and deadlines change, so confirm with the official source or a tax professional before you file.

Wyoming vs. Delaware vs. Texas LLC for Non-U.S. Residents