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Flag of New MexicoFlag of South Dakota

New Mexico vs South Dakota LLC

For the lowest cost over time, New Mexico: about $308.05 less over five years.

Flag of New MexicoNew MexicoFlag of South DakotaSouth Dakota
All-in to start with usOur $40 fee with the EIN, the registered agent for the first year, and the state fee.$136.95$245
State filing fee$51.95$160
Typical approval time1–3 business days1–3 business days
What the state asks each yearNoneAnnual report $50
Yearly state cost, about$0$50
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.$316.95$625
State income tax on wagesYesNone
Owners in the public formation documentNot listedCan be listed
Newspaper publication after formationNoNo
Flag of New Mexico

New Mexico against South Dakota

Advantages

  • Cheaper to form: $51.95 state fee against $160 in South Dakota.
  • Nothing to pay the state each year: no annual report and no annual fee, against about $50 a year in South Dakota.
  • Owners are not named in the public formation document.

Disadvantages

  • Has a state income tax, though it normally only reaches income connected to the state.
Start in New Mexico, $136.95
Flag of South Dakota

South Dakota against New Mexico

Advantages

  • No state income tax on wages.

Disadvantages

  • Costs $108.05 more to form than New Mexico.
  • About $50 a year more to keep than New Mexico (annual report $50).
  • Owners can appear in the public state record.
Start in South Dakota, $245

Which one to choose

For the lowest cost over time, New Mexico: about $308.05 less over five years.

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.

New Mexico or South Dakota

Questions about this comparison

Is a New Mexico or a South Dakota LLC cheaper?

New Mexico is cheaper to form: $136.95 all-in with us, against $245. Each year after, New Mexico costs the state about $0 and South Dakota about $50, plus $45 for the registered agent.

Which is faster, New Mexico or South Dakota?

New Mexico usually approves an LLC in 1–3 business days, South Dakota in 1–3 business days. We file within 48 hours of payment in either state.

Can a non-US resident form an LLC in New Mexico or South Dakota?

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

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