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By The Wyoming LLC Attorney Team

Mar 11, 2024
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15 U.S. States With the Lowest State Fee to Start a Business Today

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Summary

This article provides an overview of the 15 cheapest U.S. states to start an LLC, highlighting Mississippi as the most affordable option. It discusses the benefits of an LLC, filing and annual fees, and tax advantages in certain states. The article also presents a checklist for forming an LLC.

Starting a business can be an exciting but challenging endeavor, with many factors to consider. One important aspect that should not be overlooked is the cost of starting a business in different states. This article aims to provide a comprehensive overview of the 15 cheapest U.S. states to form an LLC, while also discussing the benefits of an LLC, various fees associated with forming and maintaining an LLC, and the tax advantages of choosing certain states for your business.

What Is the Cheapest State to Start a Business?

The cheapest state to start a business in the United States is Mississippi, due to its low LLC filing fee of $50 and affordable annual fees. There are several reasons why Mississippi is an attractive option for entrepreneurs looking to save on startup expenses:

Low cost of living: Mississippi has one of the lowest costs of living in the country, which translates to lower expenses for business owners, including rent, utilities, and employee salaries.

Business-friendly environment: Mississippi has been making efforts to create a more business-friendly environment by offering incentives, tax breaks, and streamlined regulations for businesses.

Access to resources: The state provides access to resources such as the Mississippi Small Business Development Center, which offers free consulting services and assistance with business planning, financing, and marketing.

Affordable labor: The cost of labor in Mississippi is generally lower than the national average, making it easier for businesses to hire employees and expand their operations.

It's important to note, however, that the cheapest state for starting a business may not necessarily be the best fit for every business. Factors such as the availability of skilled workers, access to funding, and proximity to target markets should also be considered when choosing a location for your business.

What Are the Benefits of an LLC?

A Limited Liability Company (LLC) is a popular business structure for its flexibility, simplicity, and numerous advantages. Some of the key benefits of an LLC include:

  1. Limited Liability: Owners of an LLC, also known as members, are protected from personal liability for business debts and obligations. This means that their personal assets, such as homes or cars, are safeguarded from being seized by business creditors in case the business fails or faces lawsuits.
  2. Tax Flexibility: LLCs offer a range of taxation options. By default, they are taxed as pass-through entities, where the profits and losses pass through to the members' individual tax returns, avoiding double taxation. However, LLCs can also choose to be taxed as a C corporation or an S corporation, offering flexibility in tax management.
  3. Simplified Management: Compared to corporations, LLCs have fewer formalities and regulations, making them easier to manage. For example, they don't require a board of directors, annual shareholder meetings, or detailed record-keeping.
  4. Flexible Profit Distribution: LLCs can distribute profits and losses among members in various ways, as agreed upon in their operating agreement. This is unlike corporations, which must adhere to strict rules governing the distribution of dividends based on the type and number of shares owned.
  5. Easier to Set Up and Maintain: Forming an LLC typically involves fewer steps and paperwork than forming a corporation. Similarly, ongoing compliance requirements are generally less burdensome.

What’s the LLC Filing Fee?

The LLC filing fee is the initial cost required to register an LLC with the state. This fee varies depending on the state where the LLC is being formed. Generally, filing fees for LLCs range from $50 to $500. It's important to check the specific fees for the state you plan to establish your LLC in, as these costs may change over time or be subject to additional surcharges.

What’s the LLC Annual Fee?

The LLC annual fee, also known as the annual report fee or franchise tax, is a recurring cost that LLCs must pay to maintain their registration with the state. This fee varies by state and is typically paid annually or biennially. LLC annual fees can range from $0 to $800, with some states charging a flat fee, while others calculate the fee based on factors such as company revenue or assets. It's essential to research the specific annual fees and requirements for the state where your LLC is registered to ensure ongoing compliance and maintain your LLC's good standing.

15 Cheapest States to Form an LLC

Here are the 15 cheapest states to form an LLC, based on their LLC filing fees:

  1. Kentucky: $40
    • Kentucky's low filing fee, business incentives, and affordable cost of living make it an attractive option for entrepreneurs. The state also provides resources and support to help businesses succeed.
  2. Mississippi: $50
    • Mississippi has the lowest LLC filing fee, making it an affordable option for entrepreneurs. The low cost of living and business-friendly environment contribute to its attractiveness.
  3. Arkansas: $50
    • Arkansas offers an affordable LLC filing fee and a low cost of living. The state also provides various resources and support for small businesses.
  4. Colorado: $50
    • Colorado's low LLC filing fee and thriving economy make it an attractive option for startups. The state has a business-friendly environment and offers various resources to support new businesses.
  5. New Mexico: $50
    • New Mexico has a low LLC filing fee and a low cost of living. The state offers various resources and incentives for businesses, including access to funding and tax breaks.
  6. Michigan: $50
    • Michigan's low filing fee and revitalized economy make it an attractive option for entrepreneurs. The state provides resources and support to help businesses grow, including access to funding and tax incentives.
  7. Indiana: $95
    • Indiana has a low LLC filing fee, a business-friendly environment, and a low cost of living. The state offers resources and support for small businesses, including access to funding and tax incentives.
  8. Ohio: $99
    • Ohio has a low LLC filing fee, a business-friendly environment, and a strong economy. The state offers resources and support for small businesses, including access to funding and tax incentives.
  9. Oklahoma: $100
    • Oklahoma's affordable filing fee, low cost of living, and business-friendly environment make it an attractive location for entrepreneurs. The state also provides resources and support for small businesses.
  10. Louisiana: $100
    • Louisiana offers a low LLC filing fee, a low cost of living, and various resources and support for small businesses, making it an attractive option for entrepreneurs.
  11. Missouri: $105
    • Missouri offers an affordable LLC filing fee, a low cost of living, and a business-friendly environment. The state also provides resources and support for small businesses.
  12. South Carolina: $110
    • South Carolina's low filing fee, combined with its business-friendly environment, makes it an attractive location for entrepreneurs. The state provides various resources and support for small businesses.
  13. Alabama: $200
    • Alabama has a relatively low filing fee and offers a business-friendly environment with incentives and resources for small businesses, including access to funding and tax breaks.
  14. Tennessee: $300
    • Despite a higher filing fee, Tennessee has a strong economy, no personal income tax, and offers resources for small businesses, making it an attractive option for entrepreneurs.
  15. Texas: $300
    • Texas has a higher filing fee, but its strong economy, no personal income tax, and business-friendly environment make it an attractive option for entrepreneurs.

Choosing the cheapest state to form an LLC does not necessarily mean it's the best state for your business. While low fees can be enticing, it's crucial to consider other factors that may have a more significant impact on your business's success.

Pros of forming an LLC in the cheapest states:

  1. Lower initial costs: A lower filing fee can reduce your initial expenses when starting your business, which can be helpful for entrepreneurs on a tight budget.
  2. Lower ongoing costs: States with lower annual fees can reduce the cost of maintaining your LLC over time, which can be beneficial for small businesses with limited resources.
  3. Affordability: States with lower filing and annual fees often have a lower cost of living, which can help reduce other business expenses such as rent and employee salaries.

Cons of forming an LLC in the cheapest states:

  1. Limited resources and support: States with lower fees may not offer the same level of resources, support, and infrastructure as more expensive states, which could impact your business's growth and success.
  2. Tax implications: The cheapest states for forming an LLC may not necessarily offer the best tax benefits or incentives, which could impact your business's profitability.
  3. Access to markets and talent: States with lower fees may have different access to target markets, skilled labor, and networking opportunities than states with more established business climates.

Which States Are Tax-Free for LLCs?

While no state is completely tax-free for LLCs, some offer significant tax advantages. These states have no personal income tax, which can benefit LLC members since profits and losses from the LLC typically pass through to their individual tax returns:

  1. Alaska
  2. Florida
  3. Nevada
  4. South Dakota
  5. Texas
  6. Washington
  7. Wyoming

Additionally, New Hampshire and Tennessee only tax interest and dividend income, providing another potential tax advantage for certain LLC members. Keep in mind that even in these states, LLCs may still be subject to other taxes, such as sales tax, property tax, or unemployment taxes.

An LLC Formation Checklist

Before forming an LLC, it's crucial to have a plan in place to ensure a smooth process. Here's a checklist to guide you through the process:

  1. Choose a state: Research and select the most suitable state for your LLC based on fees, taxes, and other factors.
  2. Name your LLC: Pick a unique name for your LLC, making sure it follows state naming requirements and is available for use.
  3. Designate a registered agent: Appoint a registered agent who will receive official correspondence on behalf of your LLC.
  4. Draft an operating agreement: Create an operating agreement outlining the management and financial structure of your LLC.
  5. File Articles of Organization: Submit the required paperwork and filing fee to your chosen state to officially form your LLC.
  6. Obtain an EIN: Apply for an Employer Identification Number (EIN) from the IRS to help with tax filing and compliance.
  7. Register for state and local taxes: Ensure your LLC is registered for any applicable state and local taxes.
  8. Obtain necessary licenses and permits: Research and secure any required licenses or permits specific to your industry or location.
  9. Open a business bank account: Establish a separate bank account for your LLC to keep business and personal finances separate.
  10. Maintain ongoing compliance: Stay up-to-date with annual fees, taxes, and reporting requirements to keep your LLC in good standing.

By following this checklist, you can confidently form an LLC and embark on your entrepreneurial journey. If you're ready to establish an LLC and require guidance, please reach out to us. A member of our experienced team of paralegals will assist you. You can either fill out the contact form or dial +1 (307) 683-0983 to connect with us.