New Mexico LLC vs Wyoming LLC (2026)
Written for owners based in New Mexico.
Verdict: for most owners, form where the business is based
Wyoming's pitch to an outsider is anonymity, which New Mexico already offers, so this comes down to cost and mechanics. The $60 annual report is a license tax set at the greater of $60 or two-tenths of one mill on the dollar of assets located and employed in Wyoming, a floor rather than a flat fee, so it rises above $60 once in-state assets pass $300,000. New Mexico charges $50 once and nothing at all afterward. A Wyoming LLC operated from New Mexico still needs $100 of foreign registration here.
Based in Wyoming? Read Wyoming LLC vs New Mexico LLC →
Compare New Mexico LLC vs Wyoming 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: September 23, 2026
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| Factor | New Mexico | Wyoming |
|---|---|---|
| Filing Fee | $50 | $100 |
| Processing Time | Not published by the state | Instant online; up to 15 business days paper |
| Annual Report Fee | None | $60 |
| Annual Report Due | None required | First day of anniversary month |
| State Income Tax | Yes | No |
| Anonymous LLC | Yes | Yes |
| 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: New Mexico LLC cost and Wyoming LLC cost. Owner privacy options for either state: New Mexico anonymous LLC guide and Wyoming anonymous LLC guide.
Business Climate: New Mexico vs Wyoming
| Factor | New Mexico | Wyoming |
|---|---|---|
| 5-year business survival rate | 46.3% (#46 of 51) | 47.5% (#42 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +12.6% YoY (#37 of 51 by volume) | +13.3% YoY (#22 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 Mexico vs Wyoming
New Mexico
Wyoming
A figure shown as "from" is the least the state can charge, not a price. Tennessee's report is $300 for up to six members and $50 for each member above six, its franchise tax is the greater of $100 or 0.25% of Tennessee net worth, Wyoming's report is the greater of $60 or $.0002 per dollar of in-state assets, Kentucky's entity tax is $175 up to $3 million of gross receipts and graduated above it, and New York's annual filing fee is graduated on New York source gross income. A total that contains one of those is shown as "from" for the same reason. 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 the state publishes a rate for it, and any one-time registration charge a state requires before the LLC may trade. Two exclusions follow from that wording. Arizona and Nebraska require publication and publish no rate, so no newspaper cost is carried for either and their totals are not the whole cost. Alaska's $50 annual state business licence is a separate charge from the Secretary of State fees and is not carried here either. 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. 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 Mexico charges $50 to form an LLC, while Wyoming charges $100. New Mexico is $50 cheaper upfront. The cost that usually gets overlooked: if you form in Wyoming but operate in New Mexico, you must also register as a foreign LLC in New Mexico (a $100 filing) and maintain a registered agent in Wyoming (typically around $150 per year). That puts the realistic first-year cost of the Wyoming route at roughly $350, versus $50 for simply forming in New Mexico. Only one side of this comparison is knowable: Wyoming publishes a standard turnaround (instant online; up to 15 business days paper), while New Mexico publishes no standard processing time, so the two can't be ranked against each other on speed.
Taxes: New Mexico vs Wyoming
Wyoming has no personal income tax while New Mexico does, but forming your LLC in Wyoming won't change that. LLC profits pass through to you and are taxed where you live and operate (in New Mexico), not where the LLC is registered, so a Wyoming LLC offers no income-tax savings for a New Mexico-based business. Wyoming charges an annual report license tax of $60 minimum ($62 filed online), based on in-state assets; no franchise or privilege tax otherwise.
Privacy & Asset Protection
Both New Mexico and Wyoming allow anonymous LLC formation. Neither state requires member or manager names on 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. Wyoming's charging-order law makes the charging order a creditor's exclusive remedy (including for single-member LLCs) and is widely regarded as the strongest in the country.
Annual Maintenance Costs
New Mexico LLCs file no annual report at all, and Wyoming LLCs file an annual report (at least $60, due in the anniversary month). If you form in Wyoming while operating in New Mexico, you maintain filings in both states, Wyoming's report, though New Mexico asks for nothing on the foreign-registration side, and pay a Wyoming registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the Wyoming route to roughly $210 a year, versus about $0 to keep a domestic New Mexico LLC in good standing. The tax inside those totals: Wyoming charges an annual report license tax of $60 minimum ($62 filed online), based on in-state assets; no franchise or privilege tax otherwise.
When Wyoming Actually Makes Sense
Forming in Wyoming makes sense in a few specific situations: your business genuinely operates in Wyoming, with a real office, employees, or property there, or you're relocating to Wyoming in the near future, which would also move you out of New Mexico's personal income tax. For a typical small business based in New Mexico, none of these usually apply. Registering a Wyoming LLC to do business back home means $100 in New Mexico foreign-registration fees, on top of Wyoming's $100 formation fee, while New Mexico itself never asks for an annual report at all. New Mexico already allows anonymous formation, so the privacy argument for Wyoming doesn't apply to a New Mexico-based owner. Trading New Mexico's no-annual-report status for Wyoming's filing calendar is a step backwards for most owners. When in doubt, form where you actually do business.
Frequently Asked Questions
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Sources
Each entry below is a document recorded in our verified sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.
- Wyoming statute: W.S. 17-29-503 (charging order)
- sos.nm.gov/business-services/New Mexico Secretary of State: business entity filings
- sos.wyo.gov/Business/Default.aspxWyoming Secretary of State: business entity filings
- sos.wyo.gov/Business/docs/BusinessFees.pdfWyoming LLC filing fees
Edmond Hui · Founder, MyStateLLC
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.