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

No. New Hampshire costs the same upfront ($100 vs $100), and if you operate in Maryland you must also register there as a foreign LLC ($100) plus pay a New Hampshire registered agent. Realistic first-year cost is roughly $350 versus $100 for forming locally.

Can I form my Maryland business in New Hampshire?

Yes. Any Maryland business can form its LLC in New Hampshire. But if the business operates in Maryland, it must also register there as a foreign LLC ($100 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 Maryland?

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

Maryland LLC vs New Hampshire LLC (2026)

Compare Maryland 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 Maryland beats New Hampshire. Maryland runs $400 in year one and $300/yr after; New Hampshire runs $200 and $100/yr. See the full breakdown below.

Verdict: Maryland wins for most businesses

For most Maryland-based businesses, forming locally in Maryland 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	Maryland	New Hampshire
Filing Fee	$100	$100
Processing Time	6-8 weeks	Not published by the state
Annual Report Fee	$300	$100
Annual Report Due	April 15	April 1
State Income Tax	Yes	No
Anonymous LLC	No	No
Publication Requirement	No	No
Foreign LLC Cost (if forming out-of-state)	N/A, you're in your home state	$100 + registered agent ~$150/yr

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

Business Climate: Maryland vs New Hampshire

Factor	Maryland	New Hampshire
5-year business survival rate	50.1% (#31 of 51)	47.7% (#40 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+11.8% YoY (#18 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: Maryland vs New Hampshire

State A

State B

Maryland

Formation fee$100

Annual report fee$300

State entity taxNone

Report dueApril 15

Processing time6-8 weeks

Late penalty$0

New Hampshire

✓ 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

Maryland

New Hampshire

1 Year

$400

$200

3 Years

$1,000

$400

5 Years

$1,600

$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

Maryland charges $100 to form an LLC, while New Hampshire charges $100. The upfront filing fees are identical. The cost that usually gets overlooked: if you form in New Hampshire but operate in Maryland, you must also register as a foreign LLC in Maryland (a $100 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 $350, versus $100 for simply forming in Maryland. Only one side of this comparison is knowable: Maryland publishes 6-8 weeks, while New Hampshire publishes no standard processing time, so the two can't be ranked against each other on speed.

Taxes: Maryland vs New Hampshire

New Hampshire has no personal income tax while Maryland 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 Maryland), not where the LLC is registered, so a New Hampshire LLC offers no income-tax savings for a Maryland-based business. Maryland LLCs owe a $300 minimum annual Personal Property Return fee. 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

Neither Maryland nor New Hampshire offers anonymous LLC formation: both states require 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. Business owners who prioritize privacy typically form a holding company in a state like Wyoming or New Mexico instead. 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.

Annual Maintenance Costs

Maryland LLCs file an annual report ($300, due April 15), and New Hampshire LLCs file an annual report ($100, due April 1). If you form in New Hampshire while operating in Maryland, you maintain filings in both states, New Hampshire's report plus Maryland's equivalent for your foreign registration, and pay a New Hampshire registered agent roughly $150 per year. That brings ongoing costs of the New Hampshire route to roughly $550 per year, versus about $300 to keep a domestic Maryland LLC in good standing. There are also recurring state taxes to weigh on each side. Maryland LLCs owe a $300 minimum annual Personal Property Return fee. 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 Maryland's personal income tax. For a typical small business based in Maryland, none of these usually apply. Registering a New Hampshire LLC to do business back home means $100 in Maryland foreign-registration fees, on top of New Hampshire's $100 formation fee, while Maryland's own annual report runs $300 a year and is due April 15. When in doubt, form where you actually do business.

Frequently Asked Questions

: No. New Hampshire costs the same upfront ($100 vs $100), and if you operate in Maryland you must also register there as a foreign LLC ($100) plus pay a New Hampshire registered agent. Realistic first-year cost is roughly $350 versus $100 for forming locally.
: Yes. Any Maryland business can form its LLC in New Hampshire. But if the business operates in Maryland, it must also register there as a foreign LLC ($100 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.
: Maryland, 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.
: Only one side of this comparison is knowable: Maryland publishes 6-8 weeks, while New Hampshire publishes no standard processing time, so the two can't be ranked against each other on speed. 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 Maryland means you're not fully set up until the Maryland 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 Maryland versus New Hampshire, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. On balance this guide favours Maryland. — Maryland 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

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

Maryland LLC Guide →New Hampshire LLC Guide →

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