New Jersey LLC vs Virginia LLC (2026)
Compare New Jersey LLC vs Virginia 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
Verdict: New Jersey wins for most businesses
For most New Jersey-based businesses, forming locally in New Jersey is the smarter choice. You avoid paying fees in two states and managing compliance in both. Virginia only makes sense if your business genuinely operates there or you need its specific privacy structure, and even then the total costs deserve a hard look.
Ready to file? Our affiliate partner ZenBusiness files your New Jersey LLC formation paperwork, from $0 + state fee.
Start your New Jersey LLC with ZenBusiness →Affiliate link. We may earn a commission at no cost to you · compare all formation services. MyStateLLC is not a law firm and does not provide legal advice.
| Factor | New Jersey | Virginia |
|---|---|---|
| Filing Fee | $125 | $100 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $75 | $50 |
| Annual Report Due | Anniversary month | Last day of anniversary month |
| State Income Tax | Yes | Yes |
| Anonymous LLC | No | Yes |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $125 + registered agent ~$150/yr |
Full fee breakdown for either state: New Jersey LLC cost and Virginia LLC cost.
Business Climate: New Jersey vs Virginia
| Factor | New Jersey | Virginia |
|---|---|---|
| 5-year business survival rate | 50.5% (#29 of 51) | 48.8% (#35 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +12.2% YoY (#9 of 51 by volume) | +12.6% YoY (#14 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: New Jersey vs Virginia
New Jersey
Virginia
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
New Jersey charges $125 to form an LLC, while Virginia charges $100. Virginia is $25 cheaper upfront. The cost that usually gets overlooked: if you form in Virginia but operate in New Jersey, you must also register as a foreign LLC in New Jersey (a $125 filing) and maintain a registered agent in Virginia (typically around $150 per year). That puts the realistic first-year cost of the Virginia route at roughly $375, versus $125 for simply forming in New Jersey. Speed isn't a basis for choosing between them: neither New Jersey nor Virginia publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New Jersey vs Virginia
Both New Jersey and Virginia 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 Virginia doesn't change what a New Jersey-based owner pays. New Jersey levies a graduated Gross Income Tax on individuals, with a top rate of 10.75% (rate in effect since 2018 per NJ Division of Taxation); LLC pass-through income is taxed to members. LLCs classified as partnerships with more than two owners and NJ-source income owe an annual partnership filing fee of $150 per owner (capped at $250,000); LLCs electing corporate taxation are subject to the Corporation Business Tax instead. Otherwise no franchise tax beyond the $75 annual report.
Privacy & Asset Protection
Virginia allows anonymous LLC formation. Member and manager names don't appear on routine public filings. Virginia's Articles of Organization require only a registered agent (no members or managers), and Virginia LLCs file no information-bearing annual report (just a $50 annual registration fee), so owner names stay off public filings. New Jersey doesn't offer that same privacy. The Certificate of Formation (N.J.S. 42:2C-18) requires only the name and registered agent/office, but the annual report (N.J.S. 42:2C-26) must set forth 'the name and addresses of the managing members or managers,' so management identities become public each year. 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. One important caveat: if you register your Virginia LLC as a foreign LLC in New Jersey, that New Jersey registration is itself a public record, which can undercut much of the privacy benefit for a business that operates in New Jersey.
Annual Maintenance Costs
New Jersey LLCs file an annual report ($75, due in the anniversary month), and Virginia LLCs file an annual report ($50, due in the anniversary month). If you form in Virginia while operating in New Jersey, you maintain filings in both states, Virginia's report plus New Jersey's equivalent for your foreign registration, and pay a Virginia registered agent roughly $150 per year. That brings ongoing costs of the Virginia route to roughly $275 per year, versus about $75 to keep a domestic New Jersey LLC in good standing. One more recurring cost to budget for: LLCs classified as partnerships with more than two owners and NJ-source income owe an annual partnership filing fee of $150 per owner (capped at $250,000); LLCs electing corporate taxation are subject to the Corporation Business Tax instead. Otherwise no franchise tax beyond the $75 annual report.
When Virginia Actually Makes Sense
Forming in Virginia makes sense in a few specific situations: you need anonymous ownership. New Jersey puts owner or manager information on public filings and Virginia doesn't (usually via a holding company, since operating in New Jersey still requires a public foreign registration there), your business genuinely operates in Virginia, with a real office, employees, or property there, or you're relocating to Virginia in the near future. For a typical small business based in New Jersey, none of these usually apply. Registering a Virginia LLC to do business back home means $125 in New Jersey foreign-registration fees, on top of Virginia's $100 formation fee, while New Jersey's own annual report runs $75 a year and is due in the anniversary month. When in doubt, form where you actually do business.
Frequently Asked Questions
More State Comparisons
Embed this comparison, free
Add the New Jersey vs Virginia cost calculator to any page. Works in WordPress, Squarespace, Webflow, and any HTML site.
<iframe src="https://www.mystatellc.com/tools/compare-states?embed=1&stateA=NJ&stateB=VA" width="100%" height="720" frameborder="0" style="border:0;max-width:900px;display:block;margin:0 auto;" title="New Jersey vs Virginia LLC Cost Comparison" loading="lazy"></iframe> <p style="text-align:center;font-size:.8125rem;color:#6b7280">Source: <a href="https://www.mystatellc.com/llc/compare/new-jersey-llc-vs-virginia-llc">MyStateLLC, New Jersey vs Virginia LLC Comparison</a></p>