Side-by-side comparison for North Dakota owners considering Wyoming.
Cost comparison
Wyoming: $100 state filing + $60/yr Wyoming annual report = $160 year-one, $60/yr after. North Dakota: $135 state filing + $50/yr annual report = $185 year-one, $50/yr after. If you form in Wyoming AND operate in North Dakota, add foreign-LLC qualification (~$135 initial + ongoing North Dakota fees) — TWO sets of compliance.
Asset protection
Wyoming: charging-order designated as the SOLE remedy against an LLC member by statute, including for single-member LLCs. Deep case-law track record. North Dakota: standard charging-order protection under the state LLC statute; SMLLC case law less developed.
Privacy / anonymity
Wyoming: no member or manager disclosure on Articles of Organization. Only the Registered Agent appears on the public record. North Dakota: requires manager/member disclosure on the Articles or annual report (varies by state).
Foreign-LLC overhead
If you form in Wyoming but actually operate in North Dakota, you must register the Wyoming LLC as a foreign LLC in North Dakota. That means ANOTHER $135 North Dakota state fee + ongoing North Dakota compliance. Your savings on Wyoming's low fees usually evaporate in North Dakota's foreign-LLC costs.
When Wyoming wins
You want maximum public-record privacy. You want the strongest possible charging-order asset protection. You are forming a HOLDING entity that has no operations anywhere (so no foreign-LLC overhead). You are a real estate investor using Wyoming as the named member of North Dakota operating LLCs to keep your name off the North Dakota public deed record.
When North Dakota wins
You actually operate a business in North Dakota (employees, lease, customers physically there). Forming in North Dakota avoids the dual-state cost. For most operating businesses, forming in your home state is the right answer despite Wyoming's perks.
A clean handoff, in 5 steps.
Define your goal
Privacy, asset protection, lower fees, all of the above? The right answer depends entirely on what you are optimizing for.
Identify where you actually operate
If you have employees, a lease, or customers physically in North Dakota, you do business in North Dakota for foreign-LLC purposes. You cannot avoid North Dakota registration by forming in Wyoming.
Run the dual-state math
Wyoming formation ($100 + $60/yr) + North Dakota foreign LLC qualification (typical $135 fee + ongoing North Dakota compliance) = TWO sets of state filings and fees. Compare to single North Dakota formation (${state_fee} + 50/yr ongoing).
Consider the holding-company workaround
Form a Wyoming holding LLC, then form a North Dakota operating LLC and name the Wyoming holding LLC as the sole member. The North Dakota public record shows the Wyoming LLC, not your name. Best of both worlds for asset-protection + operations.
Pick and form
If Wyoming: we form your WY LLC + Wyoming Registered Agent. If North Dakota: we form your North Dakota LLC. Either way our service fee is $0; state fees pass through.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Articles of Organization or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Should I form my LLC in Wyoming or North Dakota?
Form in North Dakota if you actually operate there (employees, lease, customers in North Dakota). Form in Wyoming if you specifically want anonymity, maximum asset protection, or are setting up a pure holding entity with no operations anywhere.
Is Wyoming really cheaper than North Dakota?
On Wyoming-only formation, yes: $100 + $60/yr is below most states. But if you operate in North Dakota, you ALSO have to register as a foreign LLC in North Dakota (~$135 fee + ongoing North Dakota compliance). Two sets of costs.
Can I form in Wyoming and avoid North Dakota state income tax?
No, unless you genuinely have no nexus in North Dakota. If you live in North Dakota and operate from North Dakota, you owe North Dakota state income tax on your share of LLC income regardless of where the LLC is formed. The IRS and state tax authorities tax based on where you live and operate, not where the entity is registered.
What if my North Dakota LLC just sits and holds assets — does Wyoming still help?
If the LLC truly has no operations in North Dakota (just owns securities, IP, or holds title to property elsewhere), forming in Wyoming and skipping North Dakota foreign-LLC registration is reasonable. Get tax counsel to confirm your nexus position.
Is Wyoming asset protection actually stronger than North Dakota?
Yes, by statute and case law. Wyoming designates charging order as the SOLE remedy against an LLC member, including for single-member LLCs — a level of protection only ~4 states match (NM, NV, DE, WY). Most other states honor charging orders but with less aggressive single-member protection.
Can I move my existing North Dakota LLC to Wyoming?
Yes via domestication (where North Dakota allows outbound domestication) or merger (always available). See our domesticate-llc and redomesticate-to-delaware guides; same patterns apply for Wyoming.
Does Wyoming have anonymous LLC formation?
Yes. Wyoming does not require member or manager disclosure on the Articles of Organization. Only the Registered Agent appears on the public record. This is the main privacy advantage Wyoming has over most states.
What is the holding-company workaround?
Form a Wyoming holding LLC (no operations, just owns equity). Form a North Dakota operating LLC for your actual business. Name the Wyoming LLC as the sole member of the North Dakota LLC. The North Dakota public record then shows the Wyoming LLC as the member, not your individual name. You get North Dakota operational legitimacy + Wyoming privacy.
How much will the dual-state structure cost annually?
Wyoming: $60/yr Wyoming annual report + $99/yr Wyoming Registered Agent. North Dakota: $50/yr annual report + $99/yr North Dakota Registered Agent + North Dakota foreign-LLC compliance. Typical total: $300-$500/yr ongoing across both states.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here — we keep the rest tracked.