If you are not a US resident and are thinking of forming a company there, the states of Delaware and Wyoming are often at the top of the available options. Both states offer unique advantages, but which one is more suitable for your needs? In this article, we offer a comprehensive comparison between forming a company in Delaware and Wyoming for non-residents, focusing on the legal, tax, and administrative aspects.
1. Initial and Annual Costs
Delaware
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Filing fee: About $90.
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Annual taxes (Franchise Tax): Delaware imposes an annual franchise tax starting from $250.
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Registered Agent fees: Ranging from $100 to $300 per year.
Wyoming
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Filing fee: About $100.
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Annual taxes (Franchise Tax): Wyoming does not impose an annual franchise tax.
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Registered Agent fees: Ranging from $50 to $150 per year.
Conclusion: If you are looking to cut costs, Wyoming offers a more economical option.
2. Taxes and Tax Advantages
Delaware
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Corporate income tax: Delaware imposes a corporate income tax of 8.7%.
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Franchise tax: Imposed on companies and varies by company type and structure.
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Other taxes: Delaware does not impose a sales tax or a tax on personal property.Nomad Capitalist
Wyoming
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Corporate income tax: Wyoming does not impose a corporate income tax.
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Franchise tax: Wyoming does not impose a franchise tax.
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Other taxes: Wyoming does not impose a tax on personal property.
Conclusion: Wyoming offers a more favorable tax environment, especially for small and medium-sized companies.
3. Privacy and Asset Protection
Delaware
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Privacy: Delaware requires disclosing the names of the company's directors and officers.
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Asset protection: Delaware offers an advanced legal system for asset protection, especially through the Court of Chancery.
Wyoming
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Privacy: Wyoming allows forming companies without disclosing the names of members or managers.
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Asset protection: Wyoming offers strong asset protection, especially for single-member companies.
Conclusion: If privacy is a priority, Wyoming provides a higher level of confidentiality.
4. The Legal System and Flexibility
Delaware
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The legal system: Delaware is known for the Court of Chancery, a court specialized in corporate cases that gives fast, reliable rulings.
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Flexibility: Delaware offers high flexibility in structuring companies, which makes it preferred for large companies and investors.
Wyoming
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The legal system: While Wyoming does not have a specialized court like Delaware, its laws are clear and straightforward.
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Flexibility: Wyoming offers good flexibility, especially for small and medium-sized companies.
Conclusion: Delaware offers a more developed legal system, which makes it preferred for companies that deal with investors or plan an IPO.
5. Ease of Formation and Management
Delaware
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Formation: A company can be formed in Delaware online easily.
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Management: Delaware requires filing annual reports and paying franchise taxes.
Wyoming
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Formation: A company can be formed in Wyoming online easily.
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Management: Wyoming requires simple annual reports and does not impose franchise taxes.
Conclusion: Wyoming offers a simpler formation and management process, which makes it suitable for entrepreneurs who prefer simple procedures.
Summary
| Criterion | Delaware | Wyoming |
|---|---|---|
| Costs | Higher | Lower |
| Taxes | Income and franchise tax | No income or franchise taxes |
| Privacy | Lower | Higher |
| Legal system | Advanced and suitable for large companies | Simple and suitable for small and medium-sized companies |
| Ease of formation and management | Good but with more requirements | Excellent with fewer requirements |
Final Recommendation
✅ If you are a foreigner (not living in America) who wants to form a company for e-commerce, remote services, or even freelancing, and you are looking for the lowest costs with the highest level of privacy, Wyoming is the most suitable choice for you.
But if your project is large and you plan to bring in investors in the future, take the company public, or have complex legal requirements, Delaware will be a very professional choice thanks to the Court of Chancery and its reputation in the business world.
6. Can Foreigners Form a Company in Delaware or Wyoming Without Being Physically in America?
Yes, ✅ any non-American can form a company in the United States without needing to be physically there, whether in Delaware or Wyoming. This is one of the strongest advantages of US companies, specifically:
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You can open a Limited Liability Company (LLC) or a Corporation.
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You do not need a Social Security Number (SSN) to form the company, only later to get an EIN (tax identification number).
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You can manage your company entirely from anywhere in the world.
7. The Difference Between an LLC and a Corporation for Residents Outside America
| Item | LLC | Corporation (C-Corp) |
|---|---|---|
| Taxes | Pass-through taxation (through the members) | Taxes at the company and shareholder level (Double Tax) |
| Flexibility in management | Flexible and easy | Needs a formal board of directors |
| Best for small entrepreneurs | ✅ Yes | ❌ Unless there are major investment plans |
| Most suitable for foreigners | ✅ Excellent | May be more complex |
LLC In Wyoming it is considered one of the cheapest and simplest solutions for forming a company in America for foreigners.
8. Steps to Form a Company in Wyoming or Delaware for Non-Residents
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Choose the company name and make sure it is available.
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Choose the company type: most foreigners choose an LLC.
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Contract with a Registered Agent inside the state.
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Submit the formation form (Articles of Organization) online.
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Get an EIN from the IRS (the federal tax identification number).
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Open a US bank account for the company (possible remotely with some banks such as Mercury).
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Get a virtual US address (optional, for documents and invoices).
9. Comparison Between the Best-Known Company Registration Services for Non-Residents
| Service | Initial cost | Includes EIN? | Includes a bank account? | Support for foreigners? | Privacy |
|---|---|---|---|---|---|
| Stripe Atlas | 500$ | ✅ | ✅ | ✅ | ❌ |
| Firstbase.io | 399$ | ✅ | ✅ | ✅ | ❌ |
| Ghayat Ltd | Only $350 | ✅ | ✅ | ✅ ✅ ✅ | ✅ |
Important note: our company Ghayat Ltd offers a comprehensive, guaranteed company formation service in America (Wyoming or Delaware) at a very competitive price, which includes:
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Full formation within 5 business days
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Getting an EIN without an SSN
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Opening a virtual US bank account (such as Mercury or Relay)
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Free legal and tax consultations for the first month
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Company documents as print-ready PDFs
Contact us now directly on WhatsApp: Click here
10. Do You Need a Physical Address or a Visa?
❌ You do not need a residence visa or to be physically in America. ✅ You can use a virtual address to receive official mail and invoices.
11. Can the Company Be Used to Receive Money from Stripe, PayPal, and Amazon?
Yes ✅ and very easily. When you form your company in Wyoming or Delaware, you will get:
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A An official tax number
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A legal formation document
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A US address
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A US bank account
These conditions meet the requirements of payment platforms such as:
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Stripe (you will need a US address and an official email address)
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PayPal Business (with the bank account linked)
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Amazon FBA and Shopify and Etsy
12. Frequently Asked Questions (FAQ)
Is the company considered American even if I am not a resident?
Yes, your company is 100% American and officially registered in the federal and state records.
Do I need a US accountant?
Not always, but if you start earning high income from America, it is advisable to hire a US accountant to help you file annual tax returns.
How long does formation take?
Only 3 to 7 business days.
Can I use a different trade name (DBA)?
Yes, you can register a DBA under a trade name different from the company's original name.
Forming a company in America is a smart step for any non-resident who wants to expand their business online or build a professional global business.
And to save yourself time, effort, and legal complexity, let our company Ghayat Ltd help you from start to finish, step by step.
Our prices are competitive, our service is fast, and your privacy is guaranteed!
Do not hesitate to contact us on WhatsApp: 05372851589
Or from here: https://wa.me/90537285158




