Florida vs. Delaware vs. Wyoming: Where to Form an LLC

Florida vs. Delaware vs. Wyoming: Where to Form an LLC

For international founders without a specific reason to file elsewhere, the choice among Florida, Delaware, and Wyoming comes down to cost, privacy, and whether your business has a real connection to one of these states. All three states allow non-U.S. residents to form and own an LLC outright — none require U.S. citizenship, a green card, or even a U.S. address for the owner.

What All Three States Have in Common

Florida, Delaware, and Wyoming each permit single-member, 100%-foreign-owned LLCs with no citizenship or residency requirement for the owner. All three also require a registered agent with a physical address inside the state — the owner's foreign address cannot serve this role in any of them.

Florida

Formation costs $125 in total: a $100 Articles of Organization fee plus a $25 registered agent designation fee. The annual report costs $138.75, due between January 1 and May 1 each year, with a $400 late fee if missed. Florida has no state personal income tax. Florida is the practical choice when you already have a real connection to the state — clients, banking, a U.S. mailing address, travel plans, or a broader compliance program built around Florida, such as government contracting or business credit building.

Delaware

Formation costs $110 for the Certificate of Formation. LLCs pay a flat annual tax of $400, due June 1 each year — unlike corporations, Delaware LLCs do not file a separate annual report, only the tax payment. Delaware's main draw is its Court of Chancery, a specialized business court with decades of case law that most venture capital investors and institutional funds expect a portfolio company to use. Delaware is worth the higher annual cost mainly if you are actively raising institutional investment.

Wyoming

Formation costs $100 for the Articles of Organization. The annual report fee is a minimum of $60, calculated against the value of assets located in Wyoming, due on the anniversary month of formation. Wyoming levies no state income tax at all, personal or corporate, and does not require member or manager names to appear on the public formation filing. Wyoming suits founders who want the lowest ongoing cost and the strongest ownership privacy, with no specific need for Delaware's court system or a Florida presence.

Which State Should You Choose?

If you already have a genuine connection to Florida, forming there keeps your LLC's home state matched to where you actually operate and avoids paying a second state's annual fees on top of registering as a foreign LLC where you do business anyway. Delaware makes the most sense if you are actively raising institutional capital. Wyoming suits founders who want the lowest ongoing cost and maximum privacy and have no other state-specific need.

Key Takeaways

  • All three states let non-U.S. residents form and own an LLC outright, with no citizenship or residency requirement.
  • Florida: $125 to form, $138.75 annual report, no state income tax — the practical choice if your business actually operates in or through Florida.
  • Delaware: $110 to form, $400 flat annual tax, no annual report — chosen mainly for its Court of Chancery when raising institutional capital.
  • Wyoming: $100 to form, $60 minimum annual report, no state income tax, strong ownership privacy — the lowest-cost, most private option.
  • Forming in a state where you have no actual presence usually means you will also need to register as a foreign LLC in the state where you do operate, adding a second set of fees.

Frequently Asked Questions

Can a non-U.S. resident form an LLC in any of these three states?
Yes. None of the three states require U.S. citizenship, a green card, or residency to form or own an LLC.

Is Delaware always the best choice for a startup?
Not automatically. Delaware's main advantage is its Court of Chancery and its familiarity to venture capital investors. If you are not raising institutional funding, the $400 annual tax often outweighs that benefit.

Does Wyoming really have no state income tax?
Correct. Wyoming levies no personal or corporate state income tax, though your LLC may still owe federal tax depending on its activities.

If I form in Wyoming or Delaware but actually do business in Florida, do I still need to register in Florida?
In most cases, yes. Operating in a state generally requires registering there as a foreign LLC, which adds a second registered agent and a second set of state fees.

Which state has the lowest ongoing cost?
Wyoming, with a $60 minimum annual report fee, is typically the lowest, followed closely by Florida's $138.75 annual report.

Sources

  • Florida Division of Corporations, Sunbiz.org — LLC Fee Schedule
  • Delaware Division of Corporations — LLC/LP/GP Franchise Tax Instructions; Certificate of Formation filing instructions
  • Wyoming Secretary of State — Business Division Filing Fee Schedule

Last verified directly against dos.fl.gov/sunbiz, corp.delaware.gov, and sos.wyo.gov on August 3, 2026.

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