How Much Does It Cost to Start an LLC in 2026? (State-by-State Breakdown)

Updated May 2026 · 10 min read · How Much to Start a Business

LLC formation costs by state 2026 - documents and calculator
Direct answer: LLC state filing fees in 2026 range from approximately $50 to $500, with the national average around $130. Total first-year cost including registered agent, EIN, and operating agreement typically falls between $150 and $800 depending on the state. California is the most expensive due to its $800 annual minimum franchise tax. Wyoming, New Mexico, and Colorado are among the lowest-cost options — but forming in your home state is usually the most cost-effective choice for businesses operating locally.

Forming an LLC is one of the first financial decisions a new business owner makes, and it comes with more moving parts than the state filing fee alone. This guide breaks down every cost layer — upfront and ongoing — so you can budget accurately for your LLC formation in 2026.

Note: state fees change periodically. Always verify current figures at your state's official Secretary of State website before filing. The figures below reflect approximate 2026 rates for the most popular states.

State filing fees: the 10 most popular states for LLC formation

StateFiling Fee (approx.)Annual Report FeeEst. Year 1 TotalNotes
Wyoming$100~$60 (min.)~$160Strong privacy laws, no state income tax
Delaware$90~$300~$390Best for VC-backed startups; Court of Chancery
Nevada~$75 + ~$150 state business license~$350~$575No state income tax; high annual fees
Florida~$125~$139~$264No state income tax; popular for small business
Texas~$300$0 (franchise tax report; tax owed if revenue over threshold)~$300+No personal income tax; franchise tax applies to larger LLCs
California~$70$800 minimum franchise tax + $20 Statement of Info~$890Most expensive ongoing; first-year franchise tax exemption may apply
New York~$200~$9 biennial~$700–2,400Publication requirement adds $400–$2,000+ depending on county
Colorado~$50~$10~$60Among the lowest total costs in the US
Georgia~$100~$50~$150Straightforward, low ongoing cost
New Mexico~$50$0~$50No annual report; excellent for cost-conscious formation

Sources: State Secretary of State offices. Fees are approximate for 2026 and subject to change. Always check the official state website for current rates.

Additional upfront costs: beyond the filing fee

Registered agent: $0–$300/year

Every LLC must designate a registered agent — a person or service that receives legal documents, tax notices, and official correspondence on behalf of the business. You have two options:

Operating agreement: $0–$500+

An operating agreement is a legal document that defines ownership structure, voting rights, profit distribution, and member responsibilities. Most states do not legally require it, but every LLC should have one — especially multi-member LLCs. Options:

EIN (Employer Identification Number): free

An EIN is your LLC's federal tax ID, required for opening a business bank account, hiring employees, and filing certain tax returns. Apply directly through the IRS website (IRS.gov) at no cost. The application takes 5–10 minutes online and the EIN is issued immediately. Never pay a third-party service to obtain an EIN — it is always free from the IRS.

Business bank account: $0–$50 (often free)

Most major banks and online banks (Mercury, Relay, Chase Business) offer free or low-fee business checking accounts for LLCs. You will need your EIN, LLC formation documents, and operating agreement. Keeping business and personal finances separate is essential for maintaining LLC liability protection.

Business licenses and permits: varies widely

Depending on your industry and location, you may need federal, state, or local business licenses separate from your LLC formation. These vary enormously — from free home occupation permits to multi-thousand-dollar professional licenses. See our business license cost by state guide for details.

Ongoing annual costs: what you pay after formation

Cost itemTypical rangeNotes
State annual report / renewal$0–$800/yearVaries dramatically by state; California $800 min. franchise tax
Registered agent renewal$50–$300/yearIf using a commercial service
Federal tax filing (Schedule C or Form 1065)$0 (DIY) to $500+ (CPA)Single-member LLCs file Schedule C with personal return
State income tax$0–variesWyoming, Nevada, Florida have no state income tax
Bookkeeping / accounting software$0–$50/monthWave (free), QuickBooks ($30/month), FreshBooks ($17/month)
Business insurance$30–$200+/monthGeneral liability; varies by industry and coverage level

California's $800 franchise tax: the most important fee to understand

California charges a minimum $800 annual franchise tax on every LLC doing business in the state, regardless of revenue. A California LLC earning $0 in its second year still owes $800. This makes California structurally expensive for small businesses.

California first-year exemption: LLCs formed in California are exempt from the $800 minimum franchise tax for their first taxable year. This exemption applies to the year of formation only — the $800 applies from the second year onward. Plan accordingly when budgeting first-year vs. ongoing costs.

If your California business earns less than $5,000–$10,000 per year, consider whether a sole proprietorship (which does not trigger the franchise tax) better fits your situation. Consult a CPA familiar with California small business tax before deciding.

New York's publication requirement: a hidden cost

New York requires LLCs to publish a notice of formation in two newspapers in the county where the LLC's office is located for six consecutive weeks. The cost varies dramatically by county:

This publication requirement is unique to New York and adds significant cost beyond the $200 filing fee. Budget $400–$2,000 extra if forming in New York. After publication, you file a Certificate of Publication with the New York Department of State.

Should you form in Delaware or Wyoming?

The internet is full of advice to incorporate in Delaware or Wyoming. Here is a clear-eyed assessment:

Delaware: right for VC-backed startups, wrong for most small businesses

Delaware's advantages — the Court of Chancery (specialized business court), extensive corporate case law, flexible LLC governance — are real and meaningful for companies planning to raise venture capital or go public. Investors and corporate attorneys are comfortable with Delaware entities. If you are building a startup that will seek outside investment, form in Delaware (typically as a C-Corp, not an LLC).

For a local service business, solo consultant, or small LLC, Delaware provides no practical advantage. You would still owe taxes and fees in your home state, and you would pay Delaware's annual fees on top. The net cost is higher, not lower.

Wyoming: right for asset protection, wrong as a tax dodge

Wyoming has strong charging order protection, no state income tax, and reasonable annual fees. For real estate investors and business owners with significant personal assets, Wyoming LLC structures (sometimes nested) can provide genuine liability protection. Wyoming also allows anonymous LLC ownership, which appeals to privacy-conscious owners.

Wyoming is not a federal tax shelter. You still pay federal income tax regardless of where your LLC is formed. If you operate your business in California, you still owe California taxes. Form in Wyoming only with specific, attorney-advised reasons — not based on generic internet advice.

Formation services: DIY vs. online service vs. attorney

OptionCost rangeBest forCaution
DIY (file directly with state)Filing fee only ($50–$500)Simple single-member LLCs; tech-comfortable foundersErrors in formation documents can be costly to correct
Online service (ZenBusiness, Northwest, LegalZoom)$0–$300 + filing feeConvenience; additional services (registered agent bundled)Upsells are common; read what is included at each tier
Business attorney$500–$2,000 + filing feeMulti-member LLCs, complex ownership, significant assetsOverkill for simple structures

For a simple single-member LLC, filing directly with your state saves $200–$500 versus online services. State Secretary of State websites are generally straightforward. Most filings take 15–30 minutes online.

Calculate total startup costs for your specific business — including LLC, licenses, equipment, and marketing

Use our free startup cost estimator →

For related costs, see our guides on small business startup costs 2026, business license costs by state, and online business startup costs.

Frequently Asked Questions

How much does it cost to start an LLC in 2026?

State filing fees range from approximately $50 to $500. Total first-year costs including registered agent, operating agreement, and EIN typically fall between $150 and $800. California is the most expensive due to its $800 annual minimum franchise tax. Always verify current fees at your state's Secretary of State website.

What is the cheapest state to form an LLC in 2026?

New Mexico (~$50 filing, $0 annual report), Colorado (~$50 filing), and Kentucky (~$40 filing) have the lowest formation costs. However, if you operate in another state, you will also need to register there as a foreign LLC, adding fees. For most businesses, the cheapest option is forming in your home state.

Should I form my LLC in Delaware or Wyoming?

Delaware is the right choice for VC-backed startups seeking outside investment. Wyoming suits real estate investors and privacy-conscious owners with specific asset protection needs. For most small businesses, form in your home state — you will pay taxes and fees there regardless of where you form, and double-registering costs more than it saves. Consult a business attorney for your specific situation.

Do I need a registered agent for my LLC?

Yes. Every LLC must designate a registered agent in its formation state. You can serve as your own agent for free if you have a physical street address there and are available during business hours. Commercial services cost $50–$300/year and keep your personal address off public records — recommended for home-based businesses.