Delaware vs New Mexico LLC
Choose Delaware if you plan to raise money from investors or set up a holding structure: that is what Delaware is for. For an online or service business owned from abroad, New Mexico is usually the better fit, and over five years it costs about $1,258.05 less.
| Delaware | New Mexico | |
|---|---|---|
| All-in to start with usOur $40 fee with the EIN, the registered agent for the first year, and the state fee. | $195 | $136.95 |
| State filing fee | $110 | $51.95 |
| Typical approval time | 2–3 weeks (expedite available) | 1–3 business days |
| What the state asks each year | Franchise tax $300 | None |
| Yearly state cost, about | $300 | $0 |
| Total over 5 years, aboutFormation, then four years of registered agent ($45) and state fees. Excludes bookkeeping and IRS filings, which are the same in every state. | $1,575 | $316.95 |
| State income tax on wages | Yes | Yes |
| Owners in the public formation document | Not listed | Not listed |
| Newspaper publication after formation | No | No |
Delaware against New Mexico
Advantages
- The standard for companies that will raise money from investors, with a specialised business court (the Court of Chancery).
Disadvantages
- Costs $58.05 more to form than New Mexico.
- About $300 a year more to keep than New Mexico (franchise tax $300).
- Slower approval: usually 2–3 weeks (expedite available).
New Mexico against Delaware
Advantages
- Cheaper to form: $51.95 state fee against $110 in Delaware.
- Nothing to pay the state each year: no annual report and no annual fee, against about $300 a year in Delaware.
- Faster approval: usually 1–3 business days, against 2–3 weeks (expedite available).
Disadvantages
None against Delaware.
Which one to choose
Choose Delaware if you plan to raise money from investors or set up a holding structure: that is what Delaware is for. For an online or service business owned from abroad, New Mexico is usually the better fit, and over five years it costs about $1,258.05 less.
If your company will have staff, an office or a warehouse in one particular state, form it there: otherwise you register in that state anyway. Federal taxes and IRS filings are the same in every state.
General information about the states, not legal or tax advice. State fees change occasionally; the price at checkout is the price you pay.
Delaware or New Mexico
Questions about this comparison
Is a Delaware or a New Mexico LLC cheaper?
New Mexico is cheaper to form: $136.95 all-in with us, against $195. Each year after, Delaware costs the state about $300 and New Mexico about $0, plus $45 for the registered agent.
Which is faster, Delaware or New Mexico?
Delaware usually approves an LLC in 2–3 weeks (expedite available), New Mexico in 1–3 business days. We file within 48 hours of payment in either state.
Can a non-US resident form an LLC in Delaware or New Mexico?
Yes, in both. Neither state asks for citizenship or residency, and the registered agent we include provides the in-state address. The EIN is included without an SSN.
Another pair