How to Form an LLC in Each U.S. State (50 State Guides)

Key Takeaways

LLC rules vary by state. Filing fees, annual costs, privacy, and asset protection depend entirely on where you form.

Focus on 5-year cost, not filing fees. Low upfront fees can hide expensive annual taxes (e.g., California, Nevada).

Home state is often best. If you operate in one state, forming there is usually cheaper and simpler.

Only a few states offer real advantages. Wyoming (low cost + privacy), Delaware (VC-backed startups), and Nevada (asset protection) make sense for specific use cases—not everyone.

Most LLC guides tell you how to form a limited liability company. This guide tells you where to form it, why it matters, and what changes by state — so you don't waste money or miss critical protection.

Here is the truth: LLC rules are not uniform. The state you choose determines your:

• Upfront filing costs
• Annual compliance expenses
• Liability protection level
• Privacy protections
• Processing speed
• Tax obligations

The wrong choice of state to form an LLC can cost you thousands over five years. The right choice can save you money and provide stronger asset protection.

This guide helps you decide which state is actually best for your business.

The Universal Steps Every LLC Needs (Across All 50 States)

Step 1: Choose and Verify Your Business Name

Every state requires a unique, distinguishable business name. Before filing, you must:

• Check your state’s Secretary of State database for availability
• Confirm the name doesn’t violate state naming rules (most prohibit terms suggesting banking or insurance)
• Reserve the name if your state allows it
• Conduct a trademark search to avoid federal conflicts

NOTE: A name rejection costs $50-$200 in resubmission fees. Verify availability before paying filing fees.

Step 2: Designate a Registered Agent

Your LLC must have a physical address in the state where it is formed, staffed during business hours. This person ( or service) receives legal documents and forwards them to you.

Your registered agent can be:

• You (if you maintain a business address in the state)
• A business partner
• A professional registered agent service

NOTE: You will need a professional registered agent if you form an LLC in a state where you don’t have a physical location.

Step 3: File Articles of Organization

Submit the official formation document to your state’s Secretary of State. This document includes:

• Business name and address
• Registered agent name and address
• Management structure (member-managed or manager-managed)
• Duration (if not perpetual)
• Filing fee (varies by state from $35 to $500)

Most states process filings within 1-3 weeks online. Some offer expedited processing for an additional fee.

Tip: Online filing is almost always faster and cheaper than mail.

Step 4: Obtain an Employer Identification Number (EIN)

Apply for a federal EIN from the IRS (free) or consider an online service to get your EIN to save time on research. This number is required for:

• Opening a business bank account
• Hiring employees
• Filing business taxes
• Separating business finances from personal finances

Get your EIN immediately to avoid mixing personal and business finances.

Step 5: Draft an Operating Agreement

Not all states require an operating agreement, but all businesses need one. An operating agreement outlines;

• Member rights and responsibilities
• Profit/loss distribution
• Decision-making authority
• Membership transfer rules
• Dissolution procedures

A missing or weak operating agreement is a red flag for courts considering veil piercing. Get your customized operating agreement to make the process smooth.

Step 6: Comply With Ongoing Reporting Requirements

After formation, you will need to:

• File annual or biennial reports (required in most states)
• Pay state fees (ranging from $0 to $800 annually)
• Maintain a registered agent
• Keep business finances separate from personal accounts
• Follow state-specific compliance deadlines

The critical difference: What changes by state is how often, how much, and how fast you must comply.

What Changes By State?

1. Filing Fees

Tip: Focus on the total 5-year cost, not initial fees. Saving $400 on a filing fee matters less than paying $800 annually in franchise taxes.

2. Annual Compliance Costs

3. Processing Time (How Long Until Your LLC is Official)

LLC approval can range from same-day approval to several weeks. Many states process online filings within a few business days, while mail filings often take longer. In most cases, online filing is the fastest option.

NOTE: Some states offer expedited filing for an extra fee. The availability and cost vary by state.

LLC Cost By State (As of 2026)

Here is a quick overview of LLC costs by state:

Let Swyft Filings Help with Your LLC Formation and Compliance

The process of forming an LLC and staying compliant with state-specific requirements can be complex. Swyft Filings provides a streamlined approach to help you navigate LLC formation. We focus on simplifying the process by assisting you with:

• Filing Formation Documents
• Obtaining an EIN
• Operational Agreements
• Ongoing Compliance

File for an LLC online in minutes with confidence!

Frequently Asked Questions (FAQs)

1. Can you create an LLC in a different state?

Yes, you can create an LLC in a different state from where you live. But in many cases, you will then also need to register in your home state and comply with fees and requirements as per the specific state.

2. What is the best state to form an LLC in?

The best state to form an LLC depends on your business needs. Some of the popular choices are:

• Delaware (for corporate law/investors)
• Wyoming (for privacy/asset protection)
• Nevada (privacy/asset protection)
• Florida/Texas (no state income tax, large markets)

3. Which state is best for foreigners to open an LLC?

Wyoming is often best for low cost, privacy, and no state income tax. Delaware also excels for venture-backed or complex businesses due to its strong legal framework.

4. What is the most expensive state to form an LLC?

The most expensive state to form an LLC is typically Massachusetts, with a filing fee of around $500-$520.

5. Which state has the lowest taxes for an LLC?

Wyoming, Nevada, South Dakota, and New Mexico often top the list due to no state income tax.