Nevada LLC vs Delaware LLC (2026)

Who you file with in Nevada and Delaware, and when

Over five years, the state charges we total come to $1,825 for a Nevada LLC and $2,110 for a Delaware LLC, a difference of $285. Both totals are for an LLC formed and run in the same state, and leave out foreign registration and any tax that applies only above a revenue or owner threshold or after a tax election.

The dates come from the same verified rules as our annual report deadline tool, applied to a sample formation date as of November 1, 2026, the day this page was built. Where a rule cannot name a date, the row says who to ask instead.

Business Climate: Nevada vs Delaware

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: Nevada vs Delaware

Filing Fees & Formation Costs

Nevada charges $425 to form an LLC, while Delaware charges $110. Delaware is $315 cheaper upfront. The cost that usually gets overlooked: if you form in Delaware but operate in Nevada, you must also register as a foreign LLC in Nevada ($425 in mandatory Nevada charges: the $75 filing, the $150 Annual List and the $200 State Business License) and maintain a registered agent in Delaware (typically around $150 per year). We have not confirmed a full yearly total for what Nevada charges a foreign LLC, so this page gives no first-year total for the Delaware route. Only one side of this comparison is knowable: Nevada publishes a standard turnaround (same day, online), while Delaware publishes no standard processing time, so the two can't be ranked against each other on speed.

Taxes: Nevada vs Delaware

Nevada has no personal income tax, while Delaware taxes individual income. Since pass-through LLC profits are taxed where you live and operate, a Nevada-based owner keeps Nevada's no-income-tax benefit either way. Forming in Delaware adds no tax advantage. Every LLC must hold a State Business License at $200/year (corporations pay $500) and file a $150 Annual List, $350/year total recurring. Nevada's Commerce Tax applies only to businesses with Nevada gross revenue over $4 million. Delaware LLCs owe a flat $400 annual LLC tax (no report required).

Privacy & Asset Protection

Delaware allows anonymous LLC formation. Member and manager names don't appear on routine public filings. Delaware's Certificate of Formation requires no member or manager names, and LLCs file no annual report, so ownership never appears on a public filing. Nevada doesn't offer that same privacy. Confirmed not anonymous despite marketing: under Nevada law, both the domestic Initial/Annual List and the foreign LLC list must state the names, titles, and addresses of all managers or, if none, all managing members, and these lists are public record filed at formation and annually. A charging order is a court order that directs an LLC to pay a member's distributions to a creditor who has won a judgment against that member. Nevada's LLC act makes the charging order the exclusive remedy, and says so for single-member LLCs specifically. Delaware's LLC act makes the charging order the exclusive remedy, and says so for single-member LLCs specifically. "Exclusive remedy" means the act names the charging order as the only way a member's creditor can collect from that member's interest in the LLC. We are reporting what each section says, not what a court would do with your facts. One important caveat: if you register your Delaware LLC as a foreign LLC in Nevada, that Nevada registration is itself a public record, which can undercut much of the privacy benefit for a business that operates in Nevada.

Annual Maintenance Costs

Nevada LLCs file an annual report ($150, due in the anniversary month), and Delaware LLCs file no annual report at all. If you form in Delaware while operating in Nevada, you take on both states' requirements and pay a Delaware registered agent roughly $150 per year. A Delaware LLC registered in Nevada as a foreign LLC still owes Nevada's own yearly charges, and a state can charge a foreign LLC a different amount from its own LLCs. We have not confirmed a full yearly total for what Nevada charges a foreign LLC, so this page gives no yearly total for the Delaware route. Confirm the amount with the state before choosing that route. Counting report fees and any entity-level tax, keeping a domestic Nevada LLC in good standing costs about $350 a year. State tax and fee notes: Every LLC must hold a State Business License at $200/year (corporations pay $500) and file a $150 Annual List, $350/year total recurring. Nevada's Commerce Tax applies only to businesses with Nevada gross revenue over $4 million. Delaware LLCs owe a flat $400 annual LLC tax (no report required).

When Delaware Actually Makes Sense

Forming in Delaware makes sense in a few specific situations: you need anonymous ownership. Nevada puts owner or manager information on public filings and Delaware doesn't (usually via a holding company, since operating in Nevada still requires a public foreign registration there), you're raising venture capital or institutional investment. Many investors specifically prefer or require Delaware entities, your business genuinely operates in Delaware, with a real office, employees, or property there, or you're relocating to Delaware in the near future and accept taking on Delaware's personal income tax, which Nevada doesn't levy. For a typical small business based in Nevada, none of these usually apply. Registering a Delaware LLC to do business back home means $425 in mandatory Nevada registration charges, on top of Delaware's $110 formation fee, while Nevada's own annual report runs $150 a year and is due in the anniversary month. When in doubt, form where you actually do business.

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