Indiana charges $95 to form an LLC; Montana charges $35. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, Montana runs about $108 less in total state fees than Indiana. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

On speed, Indiana typically clears standard online filings faster than Montana. Both states offer expedited tiers at an additional cost for filers on tight timelines.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee
Indiana $95
Montana $35
Montana saves $60
Year 1 total estimate
Indiana $211
Montana $135
Montana saves $76
Ongoing per year
Indiana $116
Montana $100
Montana saves $16
3-year total
Indiana $443
Montana $335
Montana saves $108

Key differences at a glance

  • Montana costs $60 less to form ($35 vs $95).
  • Montana is $16 per year cheaper to maintain ($100 vs $116).

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only Montana

  • Paid expedited tier
  • No state sales tax

Both states

  • Online filing
  • No entity-level franchise or LLC tax
  • No publication requirement
  • Operating agreement not statutorily required

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

Indiana Montana
Year 1
$211
$135
Year 2
$327
$235
Year 3
$443
$335

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario Year 1 Each year after 3-year total
You live in Indiana, business operates there
No foreign LLC registration needed. You pay Indiana fees only.
$211 $116 $443
You live in Montana, business operates there
No foreign LLC registration needed. You pay Montana fees only.
$135 $100 $335
Non-resident forming in Indiana with operations elsewhere
You pay Indiana's fees plus a typical home-state foreign LLC registration of about $200 per year.
$411 $316 $1,043
Non-resident forming in Montana with operations elsewhere
You pay Montana's fees plus a typical home-state foreign LLC registration of about $200 per year.
$335 $300 $935

Indiana vs Montana: full comparison

Dimension Indiana Montana
Online filing
Can you file the formation document online?
Yes Yes
Online approval time
Standard, non-expedited
1 business day 5 business days
Expedited option
Paid fast-track filing
Not offered $20
Annual report
Required in addition to tax
Required, $32 Required, $0
State-imposed annual tax
Franchise, privilege, or LLC tax minimum
None None
State income tax
On pass-through LLC income at member level
Yes Yes
Publication requirement
Newspaper publication after formation
No No
Operating agreement
Required by state statute
Recommended, not required Recommended, not required
Foreign LLC fee
Cost to register as a foreign LLC in this state
$105 $70
State sales tax
General statewide rate
7.0% None

Taxes in Indiana and Montana

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

Indiana tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.9%.

Montana tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.8%.

Ongoing compliance

The recurring filings each state requires after formation.

Indiana

Annual report $32, due on your anniversary month. Registered agent required in Indiana.

Montana

Annual report $0, due 04/15 each year. Registered agent required in Montana.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

Indiana

  1. Check business-name availability on the Indiana entity search.
  2. Appoint a registered agent with a physical Indiana street address.
  3. File Indiana Articles of Organization (State Form 49459) for $95.
  4. Wait for approval. Online typically 1 business days. No paid expedite offered.
  5. Adopt an operating agreement (recommended, not required by Indiana statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $32 when it comes due.

Montana

  1. Check business-name availability on the Montana entity search.
  2. Appoint a registered agent with a physical Montana street address.
  3. File Articles of Organization for Domestic Limited Liability Company for $35.
  4. Wait for approval. Online typically 5 business days. Paid expedite from $20.
  5. Adopt an operating agreement (recommended, not required by Montana statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $0 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both Indiana and Montana (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Indiana or Montana does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

Indiana Secretary of State, Business Services Division

Website
www.in.gov/sos
Phone
(317) 232-6576
Email
inbiz@sos.in.gov
Mail
Indiana Secretary of State, Business Services Division, 302 W. Washington Street, Room E018, Indianapolis, IN 46204
Office
Indiana Statehouse, 200 W. Washington Street, Room 201, Indianapolis, IN 46204
Hours
8:00 AM to 4:30 PM Eastern, Monday to Friday

Montana Secretary of State - Business Services Division

Website
sosmt.gov
Phone
(406) 444-3665
Email
sosbusiness@mt.gov
Mail
Business Services, Montana Secretary of State, P.O. Box 202801, Helena, MT 59620-2801
Office
State Capitol, Room 260, 1301 6th Avenue, Helena, MT 59620
Hours
8:00 AM to 5:00 PM Mountain, Monday to Friday

Indiana Department of Revenue

Website
www.in.gov/dor
Phone
(317) 232-2240
Mail
Indiana Department of Revenue, 100 N. Senate Avenue, Indianapolis, IN 46204
Office
100 N. Senate Avenue, Indianapolis, IN 46204
Hours
8:00 AM to 4:30 PM Eastern, Monday to Friday

Montana Department of Revenue

Website
mtrevenue.gov
Phone
(406) 444-6900
Mail
Montana Department of Revenue, P.O. Box 8021, Helena, MT 59604-8021
Office
125 N Roberts Street, Helena, MT 59601
Hours
8:00 AM to 5:00 PM Mountain, Monday to Friday

Frequently Asked Questions

  • Is it cheaper to form an LLC in Indiana or Montana?

    Montana is cheaper at formation ($35) than Indiana ($95). Ongoing costs are also different: $100 vs $116 per year. Total over three years: $335 vs $443.

  • Can I form an LLC in Indiana if I live in Montana?

    Yes, but your Montana business will almost certainly need to register as a foreign LLC in Montana too, which means paying Montana's foreign registration fee and any ongoing Montana obligations on top of the Indiana ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

  • How long does it take to form an LLC in Indiana vs Montana?

    Indiana online: 1 business day; Montana online: 5 business days. Indiana does not offer paid expedite. Montana offers paid expedite from $20.

  • Which state has lower taxes for an LLC, Indiana or Montana?

    Indiana: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Montana: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.

  • Do both states require a registered agent?

    Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Indiana and Montana both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

  • Which state should I pick if I run an online business from home?

    Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Indiana or Montana to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

More Indiana and Montana comparisons

Sources

  • Filing fee: law.justia.com/codes/indiana/title-23/article-0-5/chapter-4/section-23… · verified April 21, 2026
    Indiana LLC Articles of Organization filing fee is $95 when filed online through INBiz and $100 when filed by paper/mail. Form is State Form 49459. Online is the default and fastest path with approximately 1 business day processing. Indiana does not offer a separate expedited service tier; online filing through INBiz is the fast lane.
  • Expedited filing: inbiz.in.gov/business-filings · verified April 21, 2026
    Indiana does not publish a formal expedited service tier for LLC Articles of Organization. Online INBiz filings are processed in approximately one business day at the standard $95 fee, so the practical expedite path is to file online rather than by mail.
  • Annual report fee: law.justia.com/codes/indiana/title-23/article-0-5/chapter-2/section-23… · verified April 21, 2026
    Ind. Code 23-0.5-2-13 requires every domestic filing entity and registered foreign entity (including LLCs) to deliver a biennial report to the Secretary of State every two calendar years on a schedule set by the SOS. Filing fee is $32 online through INBiz and $50 by paper. No statutory late monetary penalty; failure to file leads to administrative dissolution.
  • Corporate income tax rate: www.in.gov/dor/business-tax/corporate-income-tax/ · verified April 21, 2026
    Indiana corporate adjusted gross income tax is a flat 4.9% as of July 1, 2021 and remains at 4.9% for 2026. Applies to C-corporations and to LLCs electing C-corp treatment.
  • Sales tax rate: www.in.gov/dor/business-tax/sales-tax/ · verified April 21, 2026
    Indiana statewide sales and use tax is 7% flat, with no local add-on. Food and prescription drugs are generally exempt.
  • Foreign LLC registration fee: forms.in.gov/Download.aspx?id=13562 · verified April 21, 2026
    Indiana foreign LLC Application for Certificate of Authority: $105 online through INBiz, $125 by paper/mail. After registration, the foreign LLC owes the same $32 online biennial Business Entity Report.
  • Business name search: bsd.sos.in.gov/publicbusinesssearch · verified April 21, 2026
    Indiana Secretary of State Business Search. Confirm LLC name availability before filing Articles of Organization.
  • Operating agreement requirement: law.justia.com/codes/indiana/title-23/article-18/chapter-4/section-23-… · verified April 21, 2026
    Ind. Code 23-18-4-4 permits but does not require a written operating agreement. 23-18-1-16 defines operating agreement as any written or oral agreement of the members. Indiana does not mandate that LLCs adopt a written operating agreement.
  • Filing fee: sosmt.gov/business/fees/ · verified April 21, 2026
    Montana SoS Business Services fee schedule: Articles of Organization filing fee = $35.00 (plus $50 per series member for a series LLC). All business filings are online-only through biz.sosmt.gov.
  • Expedited filing: sosmt.gov/business/fees/ · verified April 21, 2026
    Expedited service: 24 hours = $20, 1 hour = $100. We record the cheapest tier (24-hour) as the default.
  • Foreign LLC registration fee: sosmt.gov/business/fees/ · verified April 21, 2026
    Foreign LLC Certificate of Authority filing fee = $70.00 (plus $50 per series member for a series LLC).
  • Operating agreement requirement: archive.legmt.gov/bills/mca/title_0350/chapter_0080/part_0010/sections… · verified April 21, 2026
    Montana Limited Liability Company Act, MCA Title 35, Chapter 8, does not require a written operating agreement. MCA 35-8-102 defines 'operating agreement' broadly; the statute lets the default provisions of Chapter 8 govern if no operating agreement exists.
  • Publication requirement: sosmt.gov/business/ · verified April 21, 2026
    Montana statutes and SoS filing instructions contain no LLC publication requirement.
  • Annual report fee: sosmt.gov/secretary-christi-jacobsen-continues-montana-business-suppor… · verified April 21, 2026
    Montana SoS announced that the annual report filing fee is waived for 2026 and 2027 for on-time filings (Jan 1 - Apr 15). Fourth consecutive year of waiver. Late filings after April 15 remain $35. Cross-referenced with the fee schedule at https://sosmt.gov/business/fees/.
  • Franchise tax: revenue.mt.gov/taxes/corporate-income-tax · verified April 21, 2026
    Montana Department of Revenue: no franchise tax on LLCs. Only entities that elect C-corp status pay the corporate income tax, which is not a franchise tax. Pass-through LLCs owe no entity-level state tax.
  • Corporate income tax rate: revenue.mt.gov/taxes/corporate-income-tax · verified April 21, 2026
    Montana corporate income tax: 6.75% standard rate; 7% for water's-edge election; $50 minimum tax. LLCs that default to pass-through do not owe this tax.
  • Sales tax rate: mtrevenue.gov/ · verified April 21, 2026
    Montana has no general statewide sales tax (0%). Industry-specific taxes apply to lodging, rental cars, and a few other categories but not to general retail.
  • Business name search: biz.sosmt.gov/search/business · verified April 21, 2026
    Montana SoS Online Business Services entity name search. Confirm name distinguishability before filing.
  • Online filing portal: biz.sosmt.gov/ · verified April 21, 2026
    Montana SoS Online Business Services portal. Montana accepts LLC formation filings online only; mail filings are not accepted for Articles of Organization. Standard processing averages 3-6 business days; expedite tiers available.