Which state is cheaper for an LLC: New York or Delaware?

Over 5 years, New York is cheaper with an estimated total cost of $988, compared to $1,805 for Delaware, saving you approximately $817.

Can I register in Delaware if I live and work in New York?

You can form an entity in Delaware, but if your principal residence or business operations are in New York, statutory nexus rules require you to register as a Foreign LLC in New York. In New York, the foreign filing fee is $250 plus annual foreign maintenance of $9/year.

2026 Head-to-Head Statutory Comparison

New York vs Delaware LLC

NY businesses forming in Delaware must still pay NY foreign qualification fees ($250) and comply with NY newspaper publication rules.

5-Year Cost Verdict: New York saves an estimated $817 over 5 years.

New York Model →Delaware Model →

Direct Side-by-Side Fee Matrix

Statutory 2026 Fee Schedules

Metric	New York	Delaware
Initial State Filing Fee	$200	$110
Annual Report Fee & Frequency	$9 (biennial)	$0 (none)
Annual Franchise Tax	$25/yr	$300/yr
5-Year Estimated True Cost	$988	$1,805
Public Member Anonymity	Moderate	High (Anonymous)
Foreign Qualification Fee	$250 upfront ($9/yr)	$200 upfront ($300/yr)

The Reality of Forming Out-of-State

Operating in New York with a Delaware LLC?

If you live or conduct physical business in New York and form in Delaware, you must register as a Foreign LLC in New York. This means paying Delaware's formation fee ($110) PLUS New York's foreign filing fee ($250) and two annual registered agent fees.