Is it cheaper to form an LLC in North Dakota than Delaware?

No. North Dakota costs more upfront ($135 vs $110), and if you operate in Delaware you must also register there as a foreign LLC ($200) plus pay a North Dakota registered agent. Realistic first-year cost is roughly $485 versus $110 for forming locally.

Can I form my Delaware business in North Dakota?

Yes. Any Delaware business can form its LLC in North Dakota. 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 North Dakota, so you take on two states' fees and filings instead of one.

Does North Dakota 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 North Dakota LLC (2026)

Compare Delaware LLC vs North Dakota 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 North Dakota. Delaware runs $510 in year one and $400/yr after; North Dakota runs $185 and $50/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. North Dakota 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	North Dakota
Filing Fee	$110	$135
Processing Time	Not published by the state	Not published by the state
Annual Report Fee	None ($400/yr entity tax instead)	$50
Annual Report Due	None required	November 15
State Income Tax	Yes	Yes
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 North Dakota LLC cost.

Business Climate: Delaware vs North Dakota

Factor	Delaware	North Dakota
5-year business survival rate	48.1% (#37 of 51)	54.4% (#7 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+2.5% YoY (#33 of 51 by volume)	+14% YoY (#50 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 North Dakota

State A

State B

Delaware

✓ Cheaper Upfront

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

North Dakota

✓ Cheaper Long-Term

Formation fee$135

Annual report fee$50

State entity taxNone

Report dueNovember 15

Processing timeNot published by the state

Late penalty$50

Total Cost

Delaware

North Dakota

1 Year

$510

$185

3 Years

$1,310

$285

5 Years

$2,110

$385

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 North Dakota charges $135. Delaware is $25 cheaper upfront. The cost that usually gets overlooked: if you form in North Dakota but operate in Delaware, you must also register as a foreign LLC in Delaware (a $200 filing) and maintain a registered agent in North Dakota (typically around $150 per year). That puts the realistic first-year cost of the North Dakota route at roughly $485, versus $110 for simply forming in Delaware. Speed isn't a basis for choosing between them: neither Delaware nor North Dakota publishes a standard processing time, so any figure comparing the two is guesswork.

Taxes: Delaware vs North Dakota

Both Delaware and North Dakota levy a personal income tax on pass-through business income, and your LLC's profits will be taxed where you live and operate. Forming in North Dakota doesn't change what a Delaware-based owner pays. Delaware LLCs owe a flat $400 annual LLC tax (no report required).

Privacy & Asset Protection

Delaware, your home state, actually offers more formation privacy than North Dakota: Delaware allows anonymous LLC formation, while North Dakota requires owner or manager information on public filings. North Dakota's annual report lists the LLC's managers or members. 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 North Dakota.

Annual Maintenance Costs

Delaware LLCs file no annual report at all, and North Dakota LLCs file an annual report ($50, due November 15). If you form in North Dakota while operating in Delaware, you maintain filings in both states, North Dakota's report, though Delaware asks for nothing on the foreign-registration side, and pay a North Dakota registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the North Dakota route to roughly $200 a year, versus about $400 to keep a domestic Delaware LLC in good standing. The tax inside those totals: Delaware LLCs owe a flat $400 annual LLC tax (no report required).

When North Dakota Actually Makes Sense

Forming in North Dakota makes sense in a few specific situations: your business genuinely operates in North Dakota, with a real office, employees, or property there, or you're relocating to North Dakota in the near future. For a typical small business based in Delaware, none of these usually apply. Registering a North Dakota LLC to do business back home means $200 in Delaware foreign-registration fees, on top of North Dakota's $135 formation fee, while Delaware itself never asks for an annual report at all. Delaware already allows anonymous formation, so the privacy argument for North Dakota doesn't apply to a Delaware-based owner. Trading Delaware's no-annual-report status for North Dakota's filing calendar is a step backwards for most owners. When in doubt, form where you actually do business.

Frequently Asked Questions

: No. North Dakota costs more upfront ($135 vs $110), and if you operate in Delaware you must also register there as a foreign LLC ($200) plus pay a North Dakota registered agent. Realistic first-year cost is roughly $485 versus $110 for forming locally.
: Yes. Any Delaware business can form its LLC in North Dakota. 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 North Dakota, 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. North Dakota 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 North Dakota 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 North Dakota 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 North Dakota, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. On balance this guide favours Delaware. — Delaware and North Dakota 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 Ohio →Delaware vs Oklahoma →Delaware vs Oregon →Delaware vs Wyoming →North Dakota vs Wyoming →

Delaware LLC Guide →North Dakota LLC Guide →

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<p style="text-align:center;font-size:.8125rem;color:#6b7280">Source: <a href="https://www.mystatellc.com/llc/compare/delaware-llc-vs-north-dakota-llc">MyStateLLC, Delaware vs North Dakota LLC Comparison</a></p>