New York LLC vs Montana LLC (2026)
Written for owners based in New York.
Verdict: for most owners, form where the business is based
Montana has the cheapest formation fee in the country at $35, against $200 in New York, and its annual report is free when filed between January 1 and April 15. That $0 is conditional twice over: file after April 15 and it costs $35, and the waiver is an administrative decision renewed year by year rather than a statutory right. New York's recurring cost is at least $29.50, and its first year carries six weeks of newspaper notices in two county-designated papers plus a $50 Certificate of Publication. A Montana LLC operating here pays New York $250.
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Compare New York LLC vs Montana 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 York | Montana |
|---|---|---|
| Filing Fee | $200 | $35 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $9 (biennial) | $0 (waived when filed by April 15; $35 after) |
| Annual Report Due | Anniversary month (biennial) | April 15 |
| State Income Tax | Yes | Yes |
| Anonymous LLC | No | No |
| Publication Requirement | Yes | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $250 + registered agent ~$150/yr |
Full fee breakdown for either state: New York LLC cost and Montana LLC cost. Owner privacy options for either state: New York anonymous LLC guide and Montana anonymous LLC guide.
Business Climate: New York vs Montana
| Factor | New York | Montana |
|---|---|---|
| 5-year business survival rate | 51.9% (#23 of 51) | 53% (#16 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +10.9% YoY (#4 of 51 by volume) | +13.4% YoY (#40 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 York vs Montana
New York
Montana
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 York charges $200 to form an LLC, while Montana charges $35. Montana is $165 cheaper upfront. The cost that usually gets overlooked: if you form in Montana but operate in New York, you must also register as a foreign LLC in New York (a $250 filing) and maintain a registered agent in Montana (typically around $150 per year). That puts the realistic first-year cost of the Montana route at roughly $435, versus $200 for simply forming in New York. Speed isn't a basis for choosing between them: neither New York nor Montana publishes a standard processing time, so any figure comparing the two is guesswork. Note that New York also requires newly formed LLCs to publish a newspaper notice (New York requires publication of the LLC's formation once a week for six successive weeks in two newspapers designated by the county clerk, within 120 days of formation, followed by a $50 Certificate of Publication. Newspaper rates are set by the newspapers and vary sharply by county), which adds to the true formation cost.
Taxes: New York vs Montana
Both New York and Montana 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 Montana doesn't change what a New York-based owner pays. Montana levies a two-bracket individual income tax; under a 2025 Montana law the top rate drops from 5.9% to 5.65% effective January 1, 2026, with the 4.7% lower rate applying up to $47,500 single/$95,000 joint (Montana Department of Revenue). New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25. No franchise or privilege tax on LLCs; the Secretary of State currently waives the annual report fee for reports filed by April 15 ($35 if filed late).
Privacy & Asset Protection
Neither New York nor Montana offers anonymous LLC formation: both states require owner or manager information on public filings. Montana law requires your LLC's annual report to state the names and business mailing addresses of the managers (if manager-managed) or of the members (if member-managed), and these reports are public. 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
New York LLCs file a biennial report ($9, due in the anniversary month, every two years), and Montana LLCs file a free annual report (due April 15). If you form in Montana while operating in New York, you maintain filings in both states, Montana's report plus New York's equivalent for your foreign registration, and pay a Montana registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the Montana route to roughly $159 a year, versus at least $34 to keep a domestic New York LLC in good standing. The taxes inside those totals: New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25. No franchise or privilege tax on LLCs; the Secretary of State currently waives the annual report fee for reports filed by April 15 ($35 if filed late).
When Montana Actually Makes Sense
Forming in Montana makes sense in a few specific situations: your business genuinely operates in Montana, with a real office, employees, or property there, or you're relocating to Montana in the near future. For a typical small business based in New York, none of these usually apply. Registering a Montana LLC to do business back home means $250 in New York foreign-registration fees, on top of Montana's $35 formation fee, while New York's own biennial report runs $9 and is due in the anniversary month, every two years. 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.
- Montana law: HB 337 (2025) (income tax rate cut)
- Montana statute: MCA 35-8-208 (annual report contents)
- dos.ny.gov/forming-limited-liability-company-new-yorkNew York Department of State, Division of Corporations: business entity filings
- dos.ny.gov/fee-schedulesNew York LLC filing fees
- sosmt.gov/business/Montana Secretary of State: business entity filings
- sosmt.gov/business/fees/Montana 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.