How to Set Up an LLC in Wyoming from India
Wyoming is the standard choice for a bootstrapped LLC — no franchise tax, low fixed fees, and the simplest ongoing compliance of any state.
Indian founders can form a Wyoming LLC entirely online, with no visa, SSN, or US visit required. The Articles of Organization filing fee is $100, and the ongoing annual report license tax is just $60/year for most small LLCs (based on Wyoming-located assets, with $300,000 or less in Wyoming assets paying the $60 minimum). Wyoming has no state income tax and no franchise tax, making it the cheapest state to maintain long-term for founders with no US presence and no fundraising plans. If you're planning to raise US venture capital, a Delaware C-Corp is the more standard choice instead.
If you're a consultant, SaaS founder, or e-commerce seller billing US customers with no US employees or physical presence, an LLC is usually the simpler, lower-cost structure — and Wyoming is the state most founders in this position choose. This guide covers the exact process, real costs, and the annual filings that follow.
Why Wyoming specifically
Wyoming was the first US state to create the LLC structure, and it remains one of the most founder-friendly for maintaining one long-term: no state income tax, no franchise tax (unlike Delaware's separate annual franchise tax), and a simple flat-rate annual report fee that stays low unless the LLC holds substantial assets physically located in Wyoming — which is rare for a remote services or SaaS business with no physical footprint there.
Wyoming is rarely the choice for a company planning to raise US venture capital — investors and their lawyers overwhelmingly expect Delaware for that path. But for a bootstrapped LLC with no fundraising plans, Wyoming's combination of low cost and minimal ongoing formality is hard to beat. See our LLC vs. C-Corp guide for the full decision framework.
Step-by-step LLC formation process
- Choose your company name — checked against the Wyoming Secretary of State's database for availability.
- Appoint a registered agent — mandatory, with a physical Wyoming address, to receive legal and tax notices on the LLC's behalf.
- File Articles of Organization — with the Wyoming Secretary of State, online for immediate processing (mail filing takes up to 15 business days).
- Apply for an EIN — from the IRS. Non-resident founders can apply without an SSN, though processing can take longer without one.
- Adopt an operating agreement — not filed with the state, but important for defining ownership, management, and banking requirements.
- Open a US business bank account — remote-friendly options like Mercury support non-resident founders.
- Set up your compliance calendar — Form 5472, the annual report license tax deadline (your LLC's anniversary month), and India-side FEMA/RBI reporting.
Documents you'll need
- Valid Indian passport (identity verification)
- Proposed company name and business purpose
- Registered agent details
- A US business address (a virtual address is acceptable)
Cost breakdown
| Item | Typical cost |
|---|---|
| Articles of Organization filing fee | $100 ($103.75 if filed online, including convenience fee) |
| Registered agent (annual) | $50 – $300/year |
| EIN application | Free directly via IRS; formation services often bundle it |
| Annual report license tax | $60/year minimum (most small LLCs) — see next section |
| Form 5472 + pro forma 1120 preparation | $500 – $1,500 (via a US CPA) |
| Indian CA fees — FEMA/ODI review & FLA/APR filing | Varies — see our full incorporation guide for current figures |
The annual report license tax, explained
Unlike Delaware's franchise tax (which can run into thousands of dollars for VC-backed startups with millions of authorized shares), Wyoming's equivalent is simple and predictable:
- $60 minimum, or $0.0002 per dollar of assets located and employed in Wyoming — whichever is greater, per the Wyoming Secretary of State's official fee schedule.
- For a typical remote services or SaaS LLC with no physical assets actually located in Wyoming (which is the norm — Wyoming is chosen for its legal/tax treatment, not as an operating location), this stays at the $60 flat minimum regardless of how much revenue the company earns elsewhere.
- The break-even point is $300,000 in Wyoming-located assets — below that, you pay the $60 minimum; above it, the tax scales with asset value.
Annual compliance checklist
- Annual report + license tax — due the first day of your LLC's anniversary month, filed online at wyobiz.wyo.gov.
- Form 5472 + pro forma Form 1120 — federal information return for foreign-owned entities, due even at zero revenue. Missing it starts at a $25,000 penalty.
- Registered agent renewal — required continuously; lapsing this can put the LLC out of good standing.
- FLA & APR filing (India side) — yearly Foreign Liabilities & Assets return and Annual Performance Report, filed with the RBI, regardless of US entity type.
- Sales tax registration (if applicable) — required once you cross economic nexus thresholds (commonly $100k in sales or 200 transactions) in any US state.
Common mistakes to avoid
- Missing the anniversary-month deadline — since it's not a fixed calendar date like Delaware, it's easy to lose track of an LLC-specific due date.
- Assuming zero revenue means zero filings — Form 5472 and the Wyoming annual report are both still due.
- Choosing an LLC when fundraising is genuinely the plan — US investors generally won't fund an LLC directly; a C-Corp conversion later is possible but adds legal cost.
- Letting the registered agent lapse, silently putting the LLC out of good standing.
- Ignoring economic nexus once sales pick up in states beyond Wyoming.
Frequently Asked Questions
Is Wyoming better than Delaware for an LLC?
For a bootstrapped LLC with no US fundraising plans, yes — Wyoming has no franchise tax and a simpler, cheaper annual report structure than Delaware. Delaware becomes the better choice specifically when forming a C-Corp for venture fundraising, not for an LLC.
Do I need to visit the US to form a Wyoming LLC?
No. The entire process — filing, EIN application, and in most cases the bank account — can be completed remotely from India.
What's the actual minimum I'll pay Wyoming every year?
$60/year for the annual report license tax, for most small LLCs with no significant assets physically located in Wyoming — separate from any registered agent, filing service, or CPA fees for Form 5472 preparation.
What happens if I miss the annual report deadline?
There's no late fee for missing the deadline itself, but the LLC becomes delinquent the next day and is automatically administratively dissolved after 60 days with no grace period. Reinstating a dissolved LLC costs an additional $100 reinstatement fee on top of the overdue report and tax.
Can I convert my Wyoming LLC to a Delaware C-Corp later if I raise funding?
Yes, this is a common path and can typically be done tax-free under IRC §351. It's usually simpler and cheaper to do this conversion early, before the LLC has accumulated significant value, rather than waiting.
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