LLC formation requirements, costs, and ongoing obligations vary significantly across the 50 states. This guide provides a comprehensive comparison of filing fees, annual report requirements, and notable state-specific quirks that business owners should be aware of when choosing where to form their LLC.
32 steps across 8 sections
1. California: $800 Franchise Tax
- Every LLC doing business in California owes an $800/year franchise tax, regardless of income
- This applies even to LLCs formed in other states that are registered as foreign LLCs in California
- The tax is due by the 15th day of the 4th month after formation, then annually on April 15
- New LLCs formed after January 1, 2024 are exempt from the $800 minimum for their first tax year
- California also imposes an additional LLC fee based on total income (ranging from $900 for income over $250K to $11,790 for income over $5M)
2. New York: Publication Requirement
- Within 120 days of formation, New York LLCs must publish a notice of formation in two newspapers (one daily, one weekly) in the county of the LLC's principal office
- Publication must run for six consecutive weeks
- Cost varies dramatically by county:
- New York City (Manhattan): $1,000-$2,000+
- Albany County: $200-$400
- Rural counties: $100-$300
- After publication, file a Certificate of Publication with the NY Department of State ($50)
- Failure to publish within 120 days results in suspension of the LLC's authority to conduct business
3. Nevada: Business License + Commerce Tax
- $425 formation fee is among the highest
- $200/year state business license required for all LLCs
- $150 annual list filing
- Commerce tax applies to businesses with over $4M in gross revenue
- Despite "no income tax" marketing, total costs are higher than most states
4. Texas: No Annual Report, But Franchise Tax
- No traditional annual report
- Texas franchise tax (margin tax) applies to businesses with revenue over $2.47M (2026 threshold)
- Below the threshold, you still must file a "no tax due" report
- $300 formation fee is above average
5. Massachusetts: Highest Formation and Annual Fees
- $500 annual report fee
- Total first-year cost of $1,000+ before any other expenses
6. Tennessee: Per-Member Fees
- Minimum $300 formation fee ($50 per member, minimum 6 members assumed)
- Annual report also uses per-member pricing
- Single-member LLCs still pay the $300 minimum
7. Pennsylvania: Decennial Report
- Instead of annual reports, Pennsylvania requires a decennial report (every 10 years) for $70
- This makes Pennsylvania one of the lowest ongoing-cost states
- However, missing the 10-year deadline can result in administrative dissolution
8. Illinois: Annual Report With Publication
- Some counties require publication of the LLC's formation
- Annual report fee of $75
Sources
- LLC Annual Fees by State (2026) - LLC University
- LLC Costs by State Comparison (2026) - Swyft Filings
- LLC Cost by State: Full Breakdown (2026) - LLC.org
- LLC Annual Fees by State: 2026 Cost Guide - BoostSuite
- LLC Costs by State (2026) - Chamber of Commerce
- LLC Cost by State (2026) - ZenBusiness
- U.S. LLC Filing Fees and Annual Fees by State 2026 - Business Globalizer