As a startup company, many challenges could slow down or halt your company’s progress. Your finances, among other things, are a major point of reference here. If you start your LLC outside your home state, it’s important that you choose the right state. Thus, our experts recommend and review seven of the best states to form LLC. 

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Best States to Form an LLC

1. Wyoming

Wyoming state flag

Wyoming is a state with substantial business friendliness. In this state you won’t have too many reporting obligations and you don’t have to pay taxes. These include corporate income, franchise, or personal income tax.

Unlike many states, Wyoming provides a lifetime proxy. Particularly, you can get someone else to represent your shares. This allows complete anonymity while you handle business matters. Apart from the fact that there are no corporate or personal income taxes, the state has a low sales tax rate.

Pros

Cons

2. Nevada

welcome to Nevada sign

One of the most attractive things about setting up your LLC in Nevada, outside your home state, is the lack of taxes. You can also consider this as one of the top states to from an LLC for your internet business. You don’t have to pay corporate income taxes, personal income taxes, and franchise taxes. However, you’ll have to pay annual business license fees and filing fees.

Apart from being a good place to conduct business, our experts find that Nevada is also great for privacy. Nevada allows you to be anonymous in your filings. You also don’t have to create an operating agreement or hold meetings annually in Nevada.

Pros

Cons

3. Delaware

the water gap in delaware

Delaware is generally a very business-friendly state for any small business, and setting up an LLC is relatively quick. There are excellent registered agent in Delaware that can help you start up your business, as well. Two things you’ll find particularly exciting are the low taxes and fees for your large/small business. The state doesn’t tax out-of-state income for foreign LLCs outside their home state.

Apart from that, Delaware has low franchise taxes and filing costs that make it easy to start LLC formation away from your home state. The Chancery Court in Delaware hears business cases and speeds up the resolution process.

Pros

Cons

4. Alaska

snow capped mountains

As a business owner, the chances are that you haven’t given much thought to establishing an LLC in Alaska. However, becoming an LLC business owner in the state actually has quite a few enticing perks.

The state doesn’t require you to pay state income tax and you don’t need to worry about sales tax. Regardless, keep in mind that certain cities in Alaska might collect their rates for local sales tax.

Pros

Cons

5. South Dakota

Mount Rushmore in South Dakota

South Dakota is also a pretty good place to start your Limited Liability Company journey. It doesn’t have any state income tax. You also don’t need to pay any corporate taxes that’ll strain your business income, unlike multiple states.

Our team considers this excellent if you’re forming an LLC in the state that is taxed as a corporation. The unemployment rate in South Dakota isn’t considerably lower than some others. Finally, the state is among the cheapest in terms of its property tax rate.

Pros

Cons

6. Florida

girl standing outside the Florida theater

Florida is another excellent place to set up an LLC. You’ll enjoy what’s known as pass-through taxation. This means that the LLC’s members will report their share of the LLC’s loss or profit on their individual tax returns.

Also, there’s a lot of flexibility for forming an LLC with few limitations in members. While forming an LLC, you can structure your management however you please. Finally, you can have subsidiaries without much of a problem.

Pros

Cons

7. New Hampshire

seal of New Hampshire

New Hampshire frees you of the burden of sales tax. In addition, they don’t make you go through the stress of paying high-income tax.  Apart from these, you have flexibility in your profit distribution. This is very impressive compared to a partnership where 50-50 is just about the standard. Meanwhile, the business enterprise tax[1] of this state is .72 percent.

Pros

Cons

What is an LLC?

Before going ahead to find out the best state to form LLC outside your home state, you should learn more about it for a start. In a Limited Liability Company (LLC), any income that the business generates flows to the investors and owners who have limited liability. Meanwhile, your liability is entirely limited to the size of your investment within the company. 

Types of LLC

  • Single-Member LLC: It involves only one person.
  • General Partnership: The business structure involves multiple people.
  • Family Limited Partnerships: The business belongs to family members.
  • Series LLC: These are business entities that give debts, rights, and obligations to smaller cells known as series (e.g. managers, assets, interests, etc.)
  • L3C Company: This is a profit-oriented institution set up for philanthropic purposes. 
  • Restricted LLC: It requires a 10-year waiting duration before its members can receive business distributions. 
  • Anonymous LLC: Its ownership details are private.
  • Member-Managed/Manager-Managed LLC: It involves each member taking responsibility for the business. A manager-managed LLC has passive members instead, like investors.

Points to Consider

Before you start deciding on states to form your Limited Liability Company, our experts suggest to consider the following:

1. Business Environment of the State

States have peculiar business environments for large/small business owners. If the business environment causes you more losses than profits, be careful. Business owners should always conduct proper research on a state’s environment before going for it. This applies to business owners with an online business.

2. Tax Rates

Before choosing a state to set up in, find out how much you’ll pay in terms of the tax rate. This includes everything, from individual income tax rate to the sales tax rate and corporate tax rate.

3. Filing Procedure

The process of creating the company itself should be fairly simple with a short filing process. Look for a state that doesn’t require too much effort to get your business running.

a guy holding documents

4. Competition

What competition exists within the state? Are they a major threat to your potential business success? How will you handle them if you start operating within the state? Consider all of these and more before you start up your LLC.

5. Employment Rates

If the state has low employment levels, the chances are that the population might not generally afford your product or service. In that case, you’ll be handicapped when it comes to making a profit. So, ensure that the employment rates are high enough to make a difference for you.

6. Additional Fees

Some states have municipal taxes which could take out more money from your pockets than you initially bargained to spend. Our experts strongly suggest to be on the lookout for such expenses before they start to drain your business income from your bank account. Besides tax rates/fees, you should also consider a premium registered agent services as part of your annual fees if you’ll conduct business in the United States. 

person working on a laptop

7. Other Responsibilities

Besides paying taxes, find out if there is anything you would also need to do. You can readily access this information by contacting the state’s authorities. This is important even if you’re setting up the LLC in your home state.

8. Privacy Protection

If you’re the type who doesn’t want all his business out there, you should keep an eye out for a state that offers anonymity.

FAQ

What is the best state to form an LLC?

The best state to form an LLC is Wyoming. Unlike other states like New York, this state offers a lifetime proxy option. Apart from that, you don’t have to worry about hefty taxes and it is business-friendly.

Does it matter what state you form your LLC in?

It matters what state you form your LLC in. If you pick the right states, you can enjoy different benefits of doing business in the state. These include lower state taxes, a lower sales tax rate/corporate tax rate, increased flexibility, or more privacy.

Can I move my LLC to another state?

You can move your LLC to another state. The easiest way to get started ons that would be to keep your old LLC. Then, register as a foreign LLC in other states.

Our Top Pick for a State to Form an LLC: Wyoming

Wyoming state flag

Among all the states mentioned above, our experts choose Wyoming as the best state to form LLC. In Wyoming, you don’t need to pay any franchise tax while the other tax obligations, like the sales tax rate, are fairly low. Apart from that, your privacy is guaranteed by the lifetime proxy option. With that option, you can get someone else to represent your shares. Lastly, you get to enjoy minimal reporting obligations.

If you are planning to form a real estate company, you can also check our page about the best states to form an LLC for real estate here. Read next! 

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