Is it cheaper to form an LLC in New Hampshire than Delaware?

New Hampshire's filing fee is lower ($100 vs $110), but that's not the full picture: operating in Delaware means also registering as a foreign LLC there ($200) and paying a New Hampshire registered agent. Realistic first-year cost is roughly $450 for the New Hampshire route versus $110 for forming in Delaware.

Can I form my Delaware business in New Hampshire?

Yes. Any Delaware business can form its LLC in New Hampshire. But if the business operates in Delaware, it must also register there as a foreign LLC ($200 filing fee) and maintain a registered agent in New Hampshire, so you take on two states' fees and filings instead of one.

Does New Hampshire have better asset protection than Delaware?

Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business. Sound insurance and clean separation of business and personal finances matter more in practice.

State Comparison

Delaware LLC vs New Hampshire LLC (2026)

Compare Delaware LLC vs New Hampshire LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.

By Edmond Hui · Last updated: August 13, 2026

For most businesses, forming an LLC in Delaware beats New Hampshire. Delaware runs $510 in year one and $400/yr after; New Hampshire runs $200 and $100/yr. See the full breakdown below.

Verdict: Delaware wins for most businesses

For most Delaware-based businesses, forming locally in Delaware is the smarter choice. You avoid paying fees in two states and managing compliance in both. New Hampshire only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.

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Factor	Delaware	New Hampshire
Filing Fee	$110	$100
Processing Time	Not published by the state	Not published by the state
Annual Report Fee	None ($400/yr entity tax instead)	$100
Annual Report Due	None required	April 1
State Income Tax	Yes	No
Anonymous LLC	Yes	No
Publication Requirement	No	No
Foreign LLC Cost (if forming out-of-state)	N/A, you're in your home state	$200 + registered agent ~$150/yr

Full fee breakdown for either state: Delaware LLC cost and New Hampshire LLC cost.

Business Climate: Delaware vs New Hampshire

Factor	Delaware	New Hampshire
5-year business survival rate	48.1% (#37 of 51)	47.7% (#40 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+2.5% YoY (#33 of 51 by volume)	+26.1% YoY (#42 of 51 by volume)

Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)

See the full 50-state survival ranking.

Compare LLC Costs: Delaware vs New Hampshire

State A

State B

Delaware

Formation fee$110

Annual report feeNo report required

State entity tax$400/yr, Annual LLC Tax (alternative entity tax)

Report dueNone required

Processing timeNot published by the state

Late penaltyN/A

New Hampshire

✓ Cheaper Upfront✓ Cheaper Long-Term

Formation fee$100

Annual report fee$100

State entity taxNone

Report dueApril 1

Processing timeNot published by the state

Late penalty$50

Total Cost

Delaware

New Hampshire

1 Year

$510

$200

3 Years

$1,310

$400

5 Years

$2,110

$600

Will you operate outside your home state?

Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where a state requires publication, and any one-time registration charge a state requires before the LLC may trade. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Montana's annual report is free when filed by April 15 and $35 after, a waiver the Secretary of State applies at its discretion. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.

Filing Fees & Formation Costs

Delaware charges $110 to form an LLC, while New Hampshire charges $100. New Hampshire is $10 cheaper upfront. The cost that usually gets overlooked: if you form in New Hampshire but operate in Delaware, you must also register as a foreign LLC in Delaware (a $200 filing) and maintain a registered agent in New Hampshire (typically around $150 per year). That puts the realistic first-year cost of the New Hampshire route at roughly $450, versus $110 for simply forming in Delaware. Speed isn't a basis for choosing between them: neither Delaware nor New Hampshire publishes a standard processing time, so any figure comparing the two is guesswork.

Taxes: Delaware vs New Hampshire

New Hampshire has no personal income tax while Delaware does, but forming your LLC in New Hampshire won't change that. LLC profits pass through to you and are taxed where you live and operate (in Delaware), not where the LLC is registered, so a New Hampshire LLC offers no income-tax savings for a Delaware-based business. Delaware LLCs owe a flat $400 annual LLC tax (no report required). Business Profits Tax of 7.5% applies to LLCs with gross business income over $109,000 (threshold for periods beginning on/after 1/1/2025), and Business Enterprise Tax of 0.55% applies over $298,000 of gross receipts or enterprise value tax base. Both beyond the $100 annual report fee.

Privacy & Asset Protection

Delaware, your home state, actually offers more formation privacy than New Hampshire: Delaware allows anonymous LLC formation, while New Hampshire requires owner or manager information on public filings. The Certificate of Formation (RSA 304-C:31) doesn't require member/manager names, but the annual report (RSA 304-C:194) must set forth the names and business addresses of the LLC's managers or, if there are no managers, at least one member, so ownership/management can't stay off all routine public filings. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal. From a privacy standpoint there's no reason for a Delaware-based business to form in New Hampshire.

Annual Maintenance Costs

Delaware LLCs file no annual report at all, and New Hampshire LLCs file an annual report ($100, due April 1). If you form in New Hampshire while operating in Delaware, you maintain filings in both states, New Hampshire's report, though Delaware asks for nothing on the foreign-registration side, and pay a New Hampshire registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the New Hampshire route to roughly $250 a year, versus about $400 to keep a domestic Delaware LLC in good standing. The taxes inside those totals: Delaware LLCs owe a flat $400 annual LLC tax (no report required). Business Profits Tax of 7.5% applies to LLCs with gross business income over $109,000 (threshold for periods beginning on/after 1/1/2025), and Business Enterprise Tax of 0.55% applies over $298,000 of gross receipts or enterprise value tax base. Both beyond the $100 annual report fee.

When New Hampshire Actually Makes Sense

Forming in New Hampshire makes sense in a few specific situations: your business genuinely operates in New Hampshire, with a real office, employees, or property there, or you're relocating to New Hampshire in the near future, which would also move you out of Delaware's personal income tax. For a typical small business based in Delaware, none of these usually apply. Registering a New Hampshire LLC to do business back home means $200 in Delaware foreign-registration fees, on top of New Hampshire's $100 formation fee, while Delaware itself never asks for an annual report at all. Delaware already allows anonymous formation, so the privacy argument for New Hampshire doesn't apply to a Delaware-based owner. Trading Delaware's no-annual-report status for New Hampshire's filing calendar is a step backwards for most owners. When in doubt, form where you actually do business.

Frequently Asked Questions

: New Hampshire's filing fee is lower ($100 vs $110), but that's not the full picture: operating in Delaware means also registering as a foreign LLC there ($200) and paying a New Hampshire registered agent. Realistic first-year cost is roughly $450 for the New Hampshire route versus $110 for forming in Delaware.
: Yes. Any Delaware business can form its LLC in New Hampshire. But if the business operates in Delaware, it must also register there as a foreign LLC ($200 filing fee) and maintain a registered agent in New Hampshire, so you take on two states' fees and filings instead of one.
: Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business. Sound insurance and clean separation of business and personal finances matter more in practice.
: Delaware, for most. Forming where you operate keeps costs and compliance simple. New Hampshire is worth considering only if you actually do business there or have investor requirements that point there.
: Speed isn't a basis for choosing between them: neither Delaware nor New Hampshire publishes a standard processing time, so any figure comparing the two is guesswork. Only 19 of the 50 states publish anything about non-expedited turnaround at all. Whichever you pick, remember that forming in New Hampshire while operating in Delaware means you're not fully set up until the Delaware foreign registration is also processed, so the out-of-state route is rarely the faster path end to end. If your timing is genuinely fixed, buy the state's expedite tier rather than relying on a standard turnaround.

Comparison chart of forming an LLC in Delaware versus New Hampshire, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. On balance this guide favours Delaware. — Delaware and New Hampshire side by side on the factors that decide where to form. Source: MyStateLLC 50-state cost dataset, verified against each Secretary of State's published fee schedule, July 2026.

More State Comparisons

Delaware vs New Jersey →Delaware vs New Mexico →Delaware vs New York →Delaware vs Wyoming →New Hampshire vs Wyoming →

Delaware LLC Guide →New Hampshire LLC Guide →

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