Form an LLC by State: Filing Fees, Requirements & Step-by-Step Guides

By filing fee alone: Kentucky at $40. By total annual cost: New Mexico ($50, no annual report) and Colorado ($50 + $10/year) are hard to beat. Wyoming ($100 + $60/year) is the best balance of low cost, no income tax, and strong privacy. Avoid choosing based on filing fee alone — annual compliance costs matter more over the life of the business.

Several states don’t require annual reports for LLCs, including Arizona, Idaho, Minnesota, Mississippi, Missouri, New Mexico, Ohio, Pennsylvania (decennial report only — every 10 years), and South Carolina. However, some of these states require other periodic filings or franchise taxes — “no annual report” doesn’t always mean “no annual cost.”

New York requires publication in two newspapers for six consecutive weeks ($200–$1,500+). Arizona requires publication in a newspaper for three consecutive publications ($50–$300). Nebraska requires publication once. Illinois has a publication requirement on the books but it’s primarily enforced in Cook County (Chicago).

Yes — you can form in any state. But if you operate in a different state, you’ll need to foreign-qualify there — paying an additional filing fee, registered agent, and annual report. For most businesses, forming in your home state is cheaper and simpler. Form out-of-state only if you have a specific reason (privacy, no income tax, investor requirements).

Seven states have no personal income tax: Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, and Wyoming. Washington and New Hampshire also have no traditional income tax but impose other business taxes (B&O tax, interest/dividends tax). For pass-through entities (LLCs, S-Corps), the personal income tax rate is what matters because profits flow to your personal return.

Most states process LLC filings within 3–7 business days for standard processing. Wyoming, Texas, and Florida are among the fastest at 2–3 days. Delaware offers same-day and 24-hour expedited service. California and New York are among the slowest at 5–10+ days. Nearly every state offers expedited processing for an additional fee.

Yes — every state plus DC requires LLCs and corporations to designate a registered agent with a physical address in the state of formation. No exceptions. The agent must be available during business hours to accept legal documents. You can be your own agent, use a service ($100–$299/year), or designate an attorney or CPA.

Within 120 days of formation, New York LLCs must publish a notice of formation in two newspapers (one daily, one weekly) in the county of formation for six consecutive weeks. After publication, you file a Certificate of Publication with the NY Department of State ($50). Total cost: $200–$300 in upstate counties, $1,000–$1,500+ in Manhattan. Failure to publish means your LLC can’t maintain a lawsuit in NY courts.