Wyoming vs New Mexico LLC
New Mexico is the one state where an LLC has no annual report and no annual fee at all. So why do so many privacy-minded founders still pay Wyoming $62 a year?
| Wyoming | New Mexico | |
| Formation filing | $100 | $50 |
| Annual report / fee | $62 minimum | None |
| 5-year state total | ~$410 | $50 |
| Members listed publicly | No | No |
| Single-member charging order | Exclusive remedy, stated in the statute | Less explicit; less case law |
| State income tax | None | Personal income tax on NM-source income; gross receipts tax if you sell in NM |
| Registered agent | Required | Required |
What $62 a year buys in Wyoming
- An explicit single-member shield. Wyoming's statute makes the charging order the exclusive remedy for a member's personal creditor and says so for single-member LLCs. That clarity is the main reason asset-protection planners favor it.
- A longer track record. Wyoming invented the LLC in 1977 and has decades of statutes and administrative practice built around out-of-state owners.
- A living public record. The annual report keeps the entity's status and addresses current, which banks and counterparties check. A New Mexico LLC's record can sit untouched for years, so you must update addresses and agents yourself.
When New Mexico wins
For a passive holding entity with little liability exposure (owning a domain, a trademark, or a small investment account) New Mexico's zero carrying cost is hard to beat, and it has no ongoing filing to forget. It also avoids the Wyoming failure mode where a missed anniversary report quietly leads to administrative dissolution.
When Wyoming wins
Operating businesses, entities holding real estate or other assets that attract claims, and anything a creditor might pursue benefit from Wyoming's clearer statute. Banks and payment processors are also more familiar with Wyoming LLCs owned by out-of-state and non-US founders.
The cost that matters more
Whichever you choose, the home-state rule applies: if you live and work in California, New York, or another state with its own entity tax, the LLC must register there and pay that state too. At that point, the $62 difference is noise. Check your exposure in the nexus checker, compare against Delaware in Wyoming vs Delaware, or go straight to forming in Wyoming.
Sources
- Wyo. Stat. §§ 17-29-209, 17-29-503; WyoBiz fee schedule
- NMSA 1978 § 53-19 (Limited Liability Company Act); New Mexico Secretary of State fee schedule