Delaware vs West Virginia 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, West Virginia is usually the better fit, and over five years it costs about $1,105 less.
| Delaware | West Virginia | |
|---|---|---|
| All-in to start with usOur $40 fee with the EIN, the registered agent for the first year, and the state fee. | $195 | $190 |
| State filing fee | $110 | $105 |
| Typical approval time | 2–3 weeks (expedite available) | 1–2 weeks |
| What the state asks each year | Franchise tax $300 | Annual report $25 |
| Yearly state cost, about | $300 | $25 |
| 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 | $470 |
| State income tax on wages | Yes | Yes |
| Owners in the public formation document | Not listed | Can be listed |
| Newspaper publication after formation | No | No |
Delaware against West Virginia
Advantages
- Owners are not named in the public formation document.
- The standard for companies that will raise money from investors, with a specialised business court (the Court of Chancery).
Disadvantages
- Costs $5 more to form than West Virginia.
- About $275 a year more to keep than West Virginia (franchise tax $300).
- Slower approval: usually 2–3 weeks (expedite available).
West Virginia against Delaware
Advantages
- Cheaper to form: $105 state fee against $110 in Delaware.
- Cheaper to keep: about $25 a year to the state, against $300 in Delaware.
- Faster approval: usually 1–2 weeks, against 2–3 weeks (expedite available).
Disadvantages
- Owners can appear in the public state record.
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, West Virginia is usually the better fit, and over five years it costs about $1,105 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 West Virginia
Questions about this comparison
Is a Delaware or a West Virginia LLC cheaper?
West Virginia is cheaper to form: $190 all-in with us, against $195. Each year after, Delaware costs the state about $300 and West Virginia about $25, plus $45 for the registered agent.
Which is faster, Delaware or West Virginia?
Delaware usually approves an LLC in 2–3 weeks (expedite available), West Virginia in 1–2 weeks. We file within 48 hours of payment in either state.
Can a non-US resident form an LLC in Delaware or West Virginia?
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