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LLC Formation Cost Guide 2026: State Filing Fees + Total Startup Costs — illustrated 2026 guide
Business & Legal · Updated June 2026

LLC Formation Cost Guide 2026: State Fees & Total Startup Costs

Filing fees range from $40 (Kentucky) to $500 (Massachusetts). Add registered agent and annual report fees and most LLCs cost $100–$500 in the first year — except California ($940+) and New York ($759+).

Research Team: CostPrism Analysts Sources: State SOS offices, IRS, NOLO, Wolters Kluwer Methodology
$40–$500
State Filing Fee Range
$150–$1,200
Typical First-Year Total
6.1M+
New LLCs Formed in 2025

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Includes filing fee, registered agent, and annual compliance costs for your state.

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Full LLC Cost Breakdown: What You'll Actually Pay

State Filing Fee (Articles of Organization)

Required

One-time fee paid to your state Secretary of State. Non-refundable. Kentucky is cheapest; Massachusetts most expensive.

$40–$500

Registered Agent

Required

Required in all states. You can serve as your own RA if you have a physical address in the state during business hours. Services like Northwest cost $125/yr.

$0–$300/yr

Operating Agreement

Not required in most states but strongly recommended. DIY is free (use a template). A business attorney charges $300–$800 for custom drafting.

$0–$800

EIN (Employer Identification Number)

Required

Get your EIN directly from IRS.gov — it's free and takes 10 minutes online. Never pay a third party for this.

Free

Annual Report / Biennial Filing

Required

Most states require annual or biennial reporting. California's $800 minimum franchise tax is the most expensive in the US.

$0–$820/yr

Business Bank Account

Required to maintain liability protection. Many online banks (Relay, Mercury, Bluevine) offer free business checking.

$0–$25/mo

Business License

City/county-level license may be required depending on your business type and location. Check your local municipality.

$50–$500

Formation Services: DIY vs. Professional (2026)

You can form an LLC yourself for just the state filing fee. Here's how the major options compare.

Service Service Fee First-Year Total
DIY (yourself) $0 Filing fee only
Northwest Registered Agent $39 + state fee $139–$539
ZenBusiness $49 + state fee $149–$549
LegalZoom $0 + state fee (basic) $50–$500+
Bizee (formerly Incfile) $0 + state fee $50–$500
Business Attorney $500–$1,500 flat $600–$2,000+

LLC Filing Fees by State (2026)

First-year total includes state filing fee + registered agent ($50) + estimated annual report fee.

State Filing Fee Annual Report Registered Agent First-Year Est.
Kentucky $40 $15 N/A $55
Mississippi $50 None $50 $100
New Mexico $50 None $50 $100
Colorado $50 $10 $50 $110
Ohio $99 None $50 $149
Georgia $100 $50 $50 $200
Minnesota $155 None $50 $205
Wyoming $100 $60 $60 $220
Arkansas $45 $150 $50 $245
Oregon $100 $100 $50 $250
Illinois $150 $75 $50 $275
Washington $200 $60 $50 $310
Florida $125 $138 $50 $313
Texas $300 None $50 $350
North Carolina $125 $200 $50 $375
Delaware $90 $300 $50 $440
New York $200 $9 $50 $759
California $70 $820 $50 $940
Nevada $425 $350 $200 $975
Massachusetts $500 $500 $50 $1050

All fees verified from state Secretary of State websites. May not reflect most recent legislative changes. Verify at your state's official SOS website before filing.

Watch Out: California and New York Have Hidden Costs

California LLC Costs

  • Filing fee: $70 (cheap!)
  • But: $800 minimum franchise tax every year — even if your LLC earns $0
  • Statement of Information: $20 every 2 years
  • LLC fee: Additional 0%–$11,790/yr based on revenue over $250,000
  • First-year minimum: ~$940

New York LLC Publication Requirement

  • Filing fee: $200
  • But: You must publish your LLC formation in 2 newspapers for 6 weeks
  • Publication cost: $500–$2,000+ (more in NYC)
  • Certificate of Publication fee: $50
  • First-year total: $750–$2,300+

How LLCs Are Taxed (And Why It Matters)

LLCs are flexible — you can choose how you're taxed. The right choice can save thousands per year.

Single-Member LLC (default)

Tax form: Schedule C (sole prop)
Best for: Freelancers, consultants, part-time businesses
Self-employment tax: Yes — 15.3% on all profits

Multi-Member LLC (default)

Tax form: Partnership (Form 1065)
Best for: Business partners with no outside investors
Self-employment tax: Yes — on each partner's distributive share

S-Corp Election

Tax form: S-Corp (Form 1120-S)
Best for: LLCs earning $40,000+ in profit
Self-employment tax: Only on reasonable salary (can save $5K–$20K/yr)

C-Corp Election

Tax form: C-Corp (21% flat rate)
Best for: VC-backed startups seeking outside investment
Self-employment tax: No self-employment tax; double taxation risk

Tax treatment is complex. Consult a CPA or tax attorney before making tax elections. The S-Corp election typically makes sense when annual LLC profit exceeds $40,000.

LLC vs. S-Corp vs. C-Corp vs. Sole Prop: Which Structure Is Right?

Business structure is one of the highest-stakes decisions entrepreneurs make — it affects taxes, liability, fundraising ability, and ongoing compliance costs for the life of your company.

Structure Formation Cost Liability Protection Self-Employment Tax
Sole Proprietorship$0 (+ DBA if needed)None15.3% on all profits
LLC (default taxation)$50–$500Strong15.3% on all profits
LLC + S-Corp Election$50–$500 + $1,500–$3,000/yr accountingStrongOn salary only (saves $5K–$20K/yr)
C-Corporation$100–$800 + ongoing complianceStrongestNone (but double taxation risk)

The S-Corp Math: When Does It Make Sense?

If your LLC earns $100,000 in profit: as a default LLC, you pay 15.3% SE tax on the full $100K = $15,300. As an S-Corp with a $60K "reasonable salary" + $40K distribution: SE tax only on $60K = $9,180 — saving ~$6,120. The extra accounting cost is typically $1,500–$3,000/yr, so the S-Corp election breaks even around $40,000–$60,000 in annual profit.

6 Common LLC Mistakes That Cost Business Owners Money

1

Mingling personal and business finances ("piercing the veil")

Paying personal expenses from the LLC account — or LLC expenses from personal accounts — is the #1 way courts rule that your LLC protections don't apply. Open a dedicated business checking account immediately and never commingle funds.

2

Missing annual reports and state fees (leading to administrative dissolution)

Every state requires annual or biennial filings. Missing them causes your LLC to fall into "not in good standing" status — making it impossible to open bank accounts, sign contracts, or defend lawsuits. Costs $50–$400 in reinstatement fees.

3

No operating agreement (especially dangerous for multi-member LLCs)

Without an operating agreement, your state's default LLC laws govern everything — including ownership splits, decision-making authority, and what happens if a member wants out. A $300 operating agreement prevents $50,000+ in litigation.

4

Forgetting FinCEN Beneficial Ownership Information (BOI) reporting

Since 2024, most LLCs must file a Beneficial Ownership Information report with FinCEN within 90 days of formation (or by Jan 1, 2025 for existing LLCs). Failure to file: $500/day penalty + potential criminal liability. File free at boiefiling.fincen.gov.

5

Operating in another state without registering as a foreign LLC

If your Wyoming LLC signs leases, employs people, or regularly does business in California, you must register as a foreign LLC in California too — or face penalties, back taxes, and inability to enforce contracts in that state. Foreign LLC registration costs $100–$750 per state.

6

Waiting too long to elect S-Corp status (missing the deadline)

The S-Corp election (IRS Form 2553) must be filed by March 15 for the election to apply to the current tax year. Miss it, and you lose an entire year of tax savings. Set a calendar reminder for your first profitable year — the election can save thousands annually.

Form Your LLC in Minutes — From $39

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Frequently Asked Questions

The state filing fee to form an LLC ranges from $50 (Kentucky) to $500 (Massachusetts). Add a registered agent ($50–$300/yr), operating agreement (free DIY or $150–$500 attorney-drafted), and EIN registration (free via IRS). Total first-year costs are typically $150–$1,200.

Kentucky ($40), Colorado ($50), and Arkansas ($45) have the lowest filing fees. Wyoming ($100) and Delaware ($90) are popular for business-friendly laws despite slightly higher fees. But for most small businesses, forming in your home state is cheapest because you avoid foreign LLC registration fees.

No. Most LLC formations are straightforward enough to do yourself (DIY) by filing Articles of Organization with your state. For $50–$300 you can use a formation service like Northwest Registered Agent or ZenBusiness. You should hire an attorney if you have partners/investors, complex ownership structures, or operate in a regulated industry.

Most states require an annual report or biennial filing fee ($0–$800/yr). California's minimum franchise tax is $800/yr. A registered agent costs $50–$300/yr. If you use an accountant for business taxes, add $500–$2,000/yr. Budget $200–$2,500/yr in ongoing compliance costs depending on your state.

Wyoming is better for most small businesses seeking privacy and asset protection — no annual franchise tax, anonymous ownership allowed, and only $60/yr to maintain. Delaware is favored by venture-backed startups because investors are familiar with Delaware laws and the Court of Chancery is well-established. For most sole proprietors and small businesses, Wyoming wins on cost.

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