Is it cheaper to form an LLC in Montana than Wyoming?

Montana's filing fee is lower ($35 vs $100), but that's not the full picture: operating in Wyoming means also registering as a foreign LLC there ($150) and paying a Montana registered agent. Realistic first-year cost is roughly $335 for the Montana route versus $100 for forming in Wyoming.

Can I form my Wyoming business in Montana?

Yes. Any Wyoming business can form its LLC in Montana. But if the business operates in Wyoming, it must also register there as a foreign LLC ($150 filing fee) and maintain a registered agent in Montana, so you take on two states' fees and filings instead of one.

Does Montana have better asset protection than Wyoming?

Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business; Wyoming’s charging-order statute is widely regarded as the strongest in the country. Sound insurance and clean separation of business and personal finances matter more in practice.

State Comparison

Wyoming LLC vs Montana LLC (2026)

Written for owners based in Wyoming.

Verdict: for most owners, form where the business is based

Montana has the lowest formation fee in the country at $35, and its annual report is free if filed between January 1 and April 15. Both halves come with conditions: the fee jumps to $35 the day after the deadline, and the waiver is an administrative decision the Secretary makes year by year rather than a statutory zero. Wyoming's $100 filing buys instant online formation, followed by an annual report license tax with a $60 floor that scales at 0.02% of in-state assets above $300,000. Foreign-qualifying into Wyoming costs $150.

Based in Montana? Read Montana LLC vs Wyoming LLC →

Compare Wyoming 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: October 1, 2026

If your business is based in Wyoming, a Wyoming LLC needs no foreign registration there; a Montana LLC run from Wyoming generally must also register in Wyoming as a foreign LLC (Wyoming's $150 filing fee). If your business is based in Montana, a Montana LLC needs no foreign registration there; a Wyoming LLC run from Montana generally must also register in Montana as a foreign LLC (Montana's $70 filing fee). An LLC formed in one of these states and run from the other owes whatever filings, fees and taxes each state requires. A Wyoming LLC runs from $160 in year one and from $60/yr after; a Montana LLC runs $35 and $0/yr. See the full breakdown below.

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Factor	Wyoming	Montana
Filing Fee	$100	$35
Processing Time	Instant online; up to 15 business days paper	Not published by the state
Annual Report Fee	$60	$0 (waived when filed by April 15; $35 after)
Annual Report Due	First day of anniversary month	April 15
State Income Tax	No	Yes
Anonymous LLC	Yes	No
Publication Requirement	No	No
Foreign LLC Cost (if forming out-of-state)	N/A, you're in your home state	$150 + registered agent ~$150/yr

Full fee breakdown for either state: Wyoming LLC cost and Montana LLC cost. Owner privacy options for either state: Wyoming anonymous LLC guide and Montana anonymous LLC guide.

Business Climate: Wyoming vs Montana

Factor	Wyoming	Montana
5-year business survival rate	47.5% (#42 of 51)	53% (#16 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+13.3% YoY (#22 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)

See the full 50-state survival ranking.

Compare LLC Costs: Wyoming vs Montana

State A

State B

Wyoming

Formation fee$100

Annual report feefrom $60

State entity taxNone

Report dueFirst day of anniversary month

Processing timeInstant online; up to 15 business days paper

Late penalty$0

Montana

✓ Cheaper Upfront✓ Cheaper Long-Term

Formation fee$35

Annual report fee$0

State entity taxNone

Report dueApril 15

Processing timeNot published by the state

Late penalty$35

Total Cost

Wyoming

Montana

1 Year

from $160

$35

3 Years

from $280

$35

5 Years

from $400

$35

Will you operate outside your home state?

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

Wyoming charges $100 to form an LLC, while Montana charges $35. Montana is $65 cheaper upfront. The cost that usually gets overlooked: if you form in Montana but operate in Wyoming, you must also register as a foreign LLC in Wyoming (a $150 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 $335, versus $100 for simply forming in Wyoming. Only one side of this comparison is knowable: Wyoming publishes a standard turnaround (instant online; up to 15 business days paper), while Montana publishes no standard processing time, so the two can't be ranked against each other on speed.

Taxes: Wyoming vs Montana

Wyoming has no personal income tax, while Montana taxes individual income. Since pass-through LLC profits are taxed where you live and operate, a Wyoming-based owner keeps Wyoming's no-income-tax benefit either way. Forming in Montana adds no tax advantage. 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). Wyoming charges an annual report license tax of $60 minimum ($62 filed online), based on in-state assets; no franchise or privilege tax otherwise. 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

Wyoming, your home state, actually offers more formation privacy than Montana: Wyoming allows anonymous LLC formation, while Montana requires owner or manager information on public filings. Montana law requires the 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. 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. From a privacy standpoint there's no reason for a Wyoming-based business to form in Montana.

Annual Maintenance Costs

Wyoming LLCs file an annual report (at least $60, due in the anniversary month), and Montana LLCs file a free annual report (due April 15). If you form in Montana while operating in Wyoming, you maintain filings in both states, Montana's report plus Wyoming'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 $210 a year, versus at least $60 to keep a domestic Wyoming LLC in good standing. The taxes 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. 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 and accept taking on Montana's personal income tax, which Wyoming doesn't levy. For a typical small business based in Wyoming, none of these usually apply. Registering a Montana LLC to do business back home means $150 in Wyoming foreign-registration fees, on top of Montana's $35 formation fee, while Wyoming's own annual report runs at least $60 a year and is due in the anniversary month. Wyoming already allows anonymous formation, so the privacy argument for Montana doesn't apply to a Wyoming-based owner. When in doubt, form where you actually do business.

Frequently Asked Questions

: Montana's filing fee is lower ($35 vs $100), but that's not the full picture: operating in Wyoming means also registering as a foreign LLC there ($150) and paying a Montana registered agent. Realistic first-year cost is roughly $335 for the Montana route versus $100 for forming in Wyoming.
: Yes. Any Wyoming business can form its LLC in Montana. But if the business operates in Wyoming, it must also register there as a foreign LLC ($150 filing fee) and maintain a registered agent in Montana, so you take on two states' fees and filings instead of one.
: Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business; Wyoming’s charging-order statute is widely regarded as the strongest in the country. Sound insurance and clean separation of business and personal finances matter more in practice.
: It depends on where the business is based. For a Wyoming-based business, Wyoming: forming where the business is based keeps costs and compliance simple, and Montana is worth considering only if you actually do business there. For a Montana-based business, the same reasoning points to Montana.
: Only one side of this comparison is knowable: Wyoming publishes a standard turnaround (instant online; up to 15 business days paper), while Montana publishes no standard processing time, so the two can't be ranked against each other on speed. Whichever you pick, remember that forming in Montana while operating in Wyoming means you're not fully set up until the Wyoming foreign registration is also processed, so the out-of-state route is rarely the faster path end to end. If your timing is genuinely fixed, buy the state's expedite tier rather than relying on a standard turnaround.

Comparison chart of forming an LLC in Wyoming versus Montana, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. — Wyoming and Montana side by side on the factors that decide where to form. Source: MyStateLLC 50-state cost dataset, verified against each Secretary of State's published fee schedule, July 2026.

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More State Comparisons

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Wyoming LLC Guide →Montana LLC Guide →

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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 bill: HB 337 (2025) (income tax rate cut)
Wyoming statute: W.S. 17-29-503 (charging order remedy)
Montana statute: MCA 35-8-208 (annual report contents)
sos.wyo.gov/Business/Default.aspxWyoming Secretary of State: business entity filings
sos.wyo.gov/Business/docs/BusinessFees.pdfWyoming 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.