Delaware vs New York LLC: Which Is Better for Non-Residents?

A detailed side-by-side comparison of Delaware and New York LLCs covering taxes, formation costs, annual fees, privacy, asset protection, and which state is the best choice for your business.

Delaware vs New York: Side-by-Side Comparison

Here's a comprehensive comparison of the two states across all key factors for non-resident LLC formation:

FeatureDelawareNew York
Income Tax2.2%–6.6%4%–10.9%
Corporate Tax8.7%6.5%–7.25%
Sales Tax0%4% (+ local, NYC ~8.875%)
Annual Fee$300$9 biennial
Formation Fee$90$200 + $1K–2K publication
PrivacyNo member/manager disclosurePublication requirement reveals entity
Court SystemCourt of Chancery (specialized)Strong commercial courts
Asset ProtectionModerateModerate
Best ForCorporations, holding companiesBusinesses operating in NYC, finance and media companies

Tax Comparison

Delaware Taxes

  • Personal Income Tax: 2.2%–6.6%
  • Corporate Tax: 8.7%
  • Sales Tax: 0%

New York Taxes

  • Personal Income Tax: 4%–10.9%
  • Corporate Tax: 6.5%–7.25%
  • Sales Tax: 4% (+ local, NYC ~8.875%)

For non-resident entrepreneurs with single-member LLCs treated as disregarded entities, state income tax typically only applies if you have income sourced within that state. If you have no in-state operations, employees, or customers, state income tax may not apply regardless of which state you form in.

Formation & Annual Costs

CostDelawareNew York
Formation Fee$90$200 + $1K–2K publication
Annual Fee$300$9 biennial
Registered Agent (est.)$100–$300/year$100–$300/year
Estimated Year 1 Total$540 (with RA)$20171 (with RA)

Privacy & Asset Protection

Delaware

  • Privacy: No member/manager disclosure
  • Asset Protection: Moderate
  • Court System: Court of Chancery (specialized)

New York

  • Privacy: Publication requirement reveals entity
  • Asset Protection: Moderate
  • Court System: Strong commercial courts

The Verdict: Delaware or New York?

New York has a unique publication requirement that adds $1,000–$2,000 to formation costs. Delaware is much cheaper to form and maintain. However, New York has surprisingly low ongoing costs ($9 biennial statement). If you operate in NYC, you'll need to register as a foreign LLC in NY anyway. For non-resident entrepreneurs with no NY operations, Delaware is clearly better.

Our Recommendation

Delaware for non-residents; New York only if you operate there

Remember that regardless of which state you form your LLC in, your federal tax obligations remain the same. All foreign-owned single-member LLCs must file Form 5472 and a pro forma Form 1120 annually, with a $25,000 penalty for non-compliance.

Need Help Choosing the Right State?

Our experts can help you determine the best state for your LLC based on your specific situation, business type, and goals.

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