LLCs are very similar across the states because they typically inherit from the federal legislation. That said, there are minor, but sometimes quite impactful differences.
1. Delaware - stands out with the best range of services aimed at non-residents. But the state is known as a
tax planning whorehouse which can damage your rep., depending on where and how you do business.
Consider if:
- You want a business account with a high street bank in the U.S. but can't travel yourself. Streamlined and very professional remote
PoA account opening services available online.
- You want to incorporate as INC to engage outside stakeholders/investors. A
Delaware inc is a well-known and widely accepted vehicle among venture capitalists.
2. Wyoming - Semi-known tax planning whorehouse with fewer services available. Particularly lacks professional lawyers who open business bank accounts to non-residents under PoA. Stands out positively in single member LLC liability protections.
Consider if:
- You are a single member pass-through LLC and want the best liability protection available.
3. New
Mexico - Just don't see the point. Low price?
Consider if:
- You're broke to a point where every dollar counts.
- Mass incorporation. You're in need 100+ LLCs and the cost starts to play a bigger role.
I'll add in one more interesting option not many people consider.
4. New York - The opposite reputation of Delaware. Oozes compliance, thick bueraucracy, and heavy tax. Depending on where and how you do business, this can be beneficial.
Consider if:
- You want the very best LLC reputation dollars can buy in the U.S. In effect, it's tax exempt after a certain point for the non-resident beneficiary, just like Delaware, assuming that you don't have ECI, FDAP from the state of New York or the U.S. Extra state fees and other costs could anyhow add up to another $5K a year in extreme cases, but it's a price well worth it for sharing a bed with a good girl.
Good luck utilizing the U.S., and don't forget that the annual filing obligations should be taken seriously in the U.S.