New York LLC vs Nevada LLC (2026)
Compare New York LLC vs Nevada 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 4, 2026
Verdict: New York wins for most businesses
For most New York-based businesses, forming locally in New York is the smarter choice. You avoid paying fees in two states and managing compliance in both. Nevada only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.
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| Factor | New York | Nevada |
|---|---|---|
| Filing Fee | $200 | $425 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $9 | $350 |
| Annual Report Due | Anniversary month (biennial) | Anniversary month |
| State Income Tax | Yes | No |
| 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 Nevada LLC cost.
Business Climate: New York vs Nevada
| Factor | New York | Nevada |
|---|---|---|
| 5-year business survival rate | 51.9% (#23 of 51) | 47.6% (#41 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +10.9% YoY (#4 of 51 by volume) | +10.8% YoY (#30 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 Nevada
New York
Nevada
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 York charges $200 to form an LLC, while Nevada charges $425. New York is $225 cheaper upfront. The cost that usually gets overlooked: if you form in Nevada 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 Nevada (typically around $150 per year). That puts the realistic first-year cost of the Nevada route at roughly $825, versus $200 for simply forming in New York. 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 weeks in two county-designated newspapers (LLC Law §206)), which adds to the true formation cost. Speed isn't a basis for choosing between them: neither New York nor Nevada publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New York vs Nevada
Nevada has no personal income tax while New York does, but forming your LLC in Nevada will not change that. LLC profits pass through to you and are taxed where you live and operate (in New York), not where the LLC is registered, so a Nevada LLC offers no income-tax savings for a New York-based business. New York LLCs treated as partnerships/with NY-source income owe an annual filing fee of $25-$4,500 based on NY gross income. Every LLC must hold a State Business License at $200/year (NRS 76.100; corporations pay $500) and file a $150 Annual List (NRS 86.263/86.5461), $350/year total recurring. The Commerce Tax (NRS ch. 363C) applies only to businesses with Nevada gross revenue over $4 million.
Privacy & Asset Protection
Neither New York nor Nevada offers anonymous LLC formation: both states require owner or manager information on public filings. Confirmed not anonymous despite marketing: both the domestic Initial/Annual List (NRS 86.263(1)) and the foreign LLC list (NRS 86.5461(1)) 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. 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 Nevada LLCs file an annual report ($350, due in the anniversary month). If you form in Nevada while operating in New York, you maintain filings in both states, Nevada's report plus New York's equivalent for your foreign registration, and pay a Nevada registered agent roughly $150 per year. That brings ongoing costs of the Nevada route to roughly $509 per year, versus about $9 to keep a domestic New York LLC in good standing. There are also recurring state taxes to weigh on each side. New York LLCs treated as partnerships/with NY-source income owe an annual filing fee of $25-$4,500 based on NY gross income. Every LLC must hold a State Business License at $200/year (NRS 76.100; corporations pay $500) and file a $150 Annual List (NRS 86.263/86.5461), $350/year total recurring. The Commerce Tax (NRS ch. 363C) applies only to businesses with Nevada gross revenue over $4 million.
When Nevada Actually Makes Sense
Forming in Nevada makes sense in a few specific situations: your business genuinely operates in Nevada, with a real office, employees, or property there, or you're relocating to Nevada in the near future, which would also move you out of New York's personal income tax. For a typical small business based in New York, none of these usually apply. Registering a Nevada LLC to do business back home means $250 in New York foreign-registration fees, on top of Nevada's $75 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.
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