If you've spent more than ten minutes researching where to form an LLC, you've seen the same two states mentioned over and over: Wyoming and Nevada. Both are marketed as business-friendly, tax-free, privacy-first jurisdictions. Both attract entrepreneurs from across the country.
But they are not the same. When you look past the marketing and compare the actual statutes, fees, and legal protections side by side, one state comes out clearly ahead. Here's the full breakdown.
The Side-by-Side Comparison
| Category | Wyoming | Nevada | Edge |
|---|---|---|---|
| Formation Fee | $100 | $425 (filing + list + agent) | Wyoming |
| Annual Report Fee | $60 | $350 (annual list) | Wyoming |
| State Business License | Not required | $200/year | Wyoming |
| State Income Tax | None | None | Tie |
| Franchise Tax | None | None (Commerce Tax applies over $4M gross revenue) | Tie |
| Manager/Member Privacy | Not listed publicly | Officers/directors listed on annual list | Wyoming |
| Charging Order Protection | Exclusive remedy, including single-member (W.S. 17-29-503) | Exclusive remedy, including single-member (NRS 86.401) | Wyoming (more case law) |
| Nominee Officers | Not needed (no public list) | Available but adds cost | Wyoming |
| 5-Year Total Cost | $340 | $2,575+ | Wyoming |
Formation Costs: Not Even Close
Wyoming charges $100 to file Articles of Organization. That's it. No state business license fee, no separate initial report, no hidden costs.
Nevada's true cost to form an LLC is substantially higher than what most formation services advertise. You need the Articles of Organization ($75), the Initial List of Managers/Members ($150), and a state business license ($200). That's $425 on day one. Many business owners are surprised when they get the bill.
Over five years, the difference becomes staggering. A Wyoming LLC costs $340 total ($100 formation + $60/year for four annual reports). A Nevada LLC costs at least $2,575 ($425 formation + $350 annual list x 4 + $200 business license x 4). That's a $2,235 difference before you've spent a dime on a registered agent or formation service.
The Real 5-Year Cost Comparison
Wyoming: $100 + ($60 x 4) = $340 total. Nevada: $425 + ($350 x 4) + ($200 x 4) = $2,625 total. That's nearly 8x more expensive in Nevada for functionally similar protections.
Privacy: Wyoming Wins by Default
Privacy is one of the main reasons people form out-of-state LLCs, and this is where Nevada's reputation doesn't match reality.
Wyoming does not require members or managers to be listed on Articles of Organization or annual reports. The only person listed publicly is the registered agent. Your name, address, and ownership stake stay private by default, at no extra cost.
Nevada, despite its reputation as a privacy state, requires every LLC to file an Annual List of Managers or Managing Members with the Secretary of State. That list is public. Anyone can search it online. To keep your name off the list, you need to hire a nominee manager or officer service, which adds $100-$400 per year on top of your other costs.
Wyoming's approach is fundamentally different: privacy is structural, not something you pay extra for. There are no nominee services needed because there's nothing to hide from in the first place. — Wyoming Secretary of State, Business Division Filing Requirements
Asset Protection: Both Strong, but Wyoming Has the Edge
Both Wyoming and Nevada provide charging order protection as the exclusive remedy for creditors attempting to reach a member's interest in an LLC. Both states extend this protection to single-member LLCs. On paper, they look identical.
In practice, Wyoming has a meaningful advantage: history.
Wyoming was the first state in the nation to create the LLC entity in 1977. It was the first to codify charging order protection as the exclusive remedy. It has decades more case law supporting these protections. When attorneys litigate asset protection questions, Wyoming precedent is deep and well-established.
The charging order shall be the sole and exclusive remedy by which a judgment creditor of a member or transferee may satisfy a judgment from the judgment debtor's interest in a limited liability company. — W.S. 17-29-503, Wyoming Limited Liability Company Act
Nevada adopted similar language in NRS 86.401, and it's strong statute. But Nevada's LLC law has been amended multiple times, and the state's legal landscape has historically been more volatile. Wyoming's LLC Act has been remarkably stable, which gives courts and creditors clear expectations.
Single-Member LLC Protection
Both states explicitly protect single-member LLCs. This is critically important because several major states, including Florida (following the Olmstead v. FTC decision) and California, have ruled that charging order protection does not apply to single-member LLCs. If you're a solo business owner, forming in either Wyoming or Nevada gives you protection that your home state may not.
The difference: Wyoming's single-member protection has been part of the statute longer and has been tested in more legal contexts. For attorneys who specialize in asset protection, this track record matters.
Taxes: A True Tie
Neither Wyoming nor Nevada imposes a state income tax on individuals or businesses. Neither state has a franchise tax on LLCs. On the tax front, the two states are genuinely equal.
One small caveat for Nevada: the Commerce Tax applies to businesses with Nevada gross revenue exceeding $4 million. Most small businesses and LLCs will never hit this threshold, but it's worth noting if you're running a larger operation.
Important reminder: where you form your LLC does not change where you owe taxes. If you live in Texas and form a Wyoming LLC, you still pay Texas taxes on income earned in Texas. If you live in California, you still owe California's $800 annual franchise tax on any LLC doing business in California, regardless of where it's formed. The formation state affects privacy and asset protection, not your personal tax obligations.
Charging Orders: The Technical Comparison
Since charging order protection is the primary asset protection benefit of both states, it's worth comparing the statutes directly.
Wyoming (W.S. 17-29-503)
- Charging order is the sole and exclusive remedy
- Applies to single-member and multi-member LLCs
- No foreclosure on membership interests
- Court may not order dissolution to satisfy a charging order
- Codified since Wyoming's original LLC Act; updated and strengthened in 2010
Nevada (NRS 86.401)
- Charging order is the exclusive remedy
- Applies to single-member and multi-member LLCs (amended in 2011)
- No foreclosure on membership interests
- Creditor cannot interfere with management or operations
- Amended multiple times; current strong version dates to 2011 revisions
Both are excellent. The practical difference is in the depth of supporting case law and the stability of the legislative framework. Wyoming attorneys and courts have been working with these protections for nearly 50 years. Nevada's current framework is strong but younger.
When Nevada Might Make Sense
To be fair, there are limited situations where Nevada could be the better choice:
- You live in Nevada. If you're already a Nevada resident, forming in Nevada avoids foreign registration requirements in your home state.
- You do business primarily in Nevada. Same logic — keeping your operations in one state simplifies compliance.
- You need a Nevada presence for industry-specific reasons. Certain industries (gaming, mining) have Nevada-specific regulatory frameworks.
For everyone else — especially business owners forming an LLC in a state other than where they live — Wyoming offers the same or better protections at a fraction of the cost.
The Bottom Line
Nevada built its reputation as a business-friendly state during an era when it had less competition. Wyoming has since matched or exceeded every advantage Nevada offers, while costing dramatically less to maintain year after year.
The numbers tell the story: Wyoming is cheaper to form, cheaper to maintain, more private by default, and backed by the longest track record of LLC asset protection law in the country. Unless you have a specific reason to be in Nevada, Wyoming is the better choice for most business owners.
Ready to Form Your Wyoming LLC?
Skip the Nevada markup. Wyoming gives you stronger privacy, lower fees, and the longest track record of LLC asset protection in America.
Form My Wyoming LLCSources & Further Reading
- Wyoming Limited Liability Company Act — Wyoming Secretary of State
- NRS Chapter 86 — Nevada Limited-Liability Companies
- Wyoming Secretary of State — Filing Fees
- Nevada Secretary of State — Filing Fees
- 6 Powerful Benefits of a Wyoming LLC — Anderson Advisors
- Wyoming LLC Asset Protection — Wyoming LLC Attorney