Maine vs Pennsylvania LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Maine charges $175 to form an LLC; Pennsylvania charges $125. 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, Pennsylvania runs about $284 less in total state fees than Maine. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, Pennsylvania typically clears standard online filings faster than Maine. 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.
Key differences at a glance
- Pennsylvania costs $50 less to form ($125 vs $175).
- Pennsylvania is $78 per year cheaper to maintain ($107 vs $185).
- Maine requires LLCs to adopt a written operating agreement by statute. The other state treats it as recommended rather than required.
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 Pennsylvania
- Online filing
- Operating agreement not statutorily required
Both states
- Paid expedited tier
- No entity-level franchise or LLC tax
- No publication requirement
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.
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 Maine, business operates there No foreign LLC registration needed. You pay Maine fees only. | $360 | $185 | $730 |
| You live in Pennsylvania, business operates there No foreign LLC registration needed. You pay Pennsylvania fees only. | $232 | $107 | $446 |
| Non-resident forming in Maine with operations elsewhere You pay Maine's fees plus a typical home-state foreign LLC registration of about $200 per year. | $560 | $385 | $1,330 |
| Non-resident forming in Pennsylvania with operations elsewhere You pay Pennsylvania's fees plus a typical home-state foreign LLC registration of about $200 per year. | $432 | $307 | $1,046 |
Maine vs Pennsylvania: full comparison
| Dimension | Maine | Pennsylvania |
|---|---|---|
| Online filing Can you file the formation document online? | No | Yes |
| Online approval time Standard, non-expedited | Varies | 3 business days |
| Expedited option Paid fast-track filing | $50 | $100 |
| Annual report Required in addition to tax | Required, $85 | Required, $7 |
| 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 | Required by statute | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $250 | $250 |
| State sales tax General statewide rate | 5.5% | 6.0% |
Taxes in Maine and Pennsylvania
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.
Maine tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 8.9%.
Pennsylvania tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 7.5%.
Ongoing compliance
The recurring filings each state requires after formation.
Maine
Annual report $85, due 06/01 each year. Registered agent required in Maine.
Pennsylvania
Annual report $7, due 09/30 each year. Registered agent required in Pennsylvania.
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.
Maine
- Check business-name availability on the Maine entity search.
- Appoint a registered agent with a physical Maine street address.
- File Certificate of Formation (Form MLLC-6) for $175.
- Wait for approval. Paper-only processing. Paid expedite from $50.
- Adopt a written operating agreement (statutorily required in Maine).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $85 when it comes due.
Pennsylvania
- Check business-name availability on the Pennsylvania entity search.
- Appoint a registered agent with a physical Pennsylvania street address.
- File Certificate of Organization – Domestic Limited Liability Company (DSCB:15-8821) for $125.
- Wait for approval. Online typically 3 business days. Paid expedite from $100.
- Adopt an operating agreement (recommended, not required by Pennsylvania statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $7 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 Maine and Pennsylvania (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 Maine or Pennsylvania 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
Maine Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Corporations
- Website
- www.maine.gov/sos/corporations-commissions
- Phone
- (207) 624-7752
- CEC.Corporations@maine.gov
- Division of Corporations, 101 State House Station, Augusta, ME 04333-0101
- Office
- Burton M. Cross Building, 111 Sewall Street, 4th Floor, Augusta, ME 04330
- Hours
- Office hours 8:00 AM to 5:00 PM Eastern, Monday to Friday. Customer service telephone hours 10:00 AM to 5:00 PM.
Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations
- Website
- www.pa.gov/agencies/dos/programs/business.html
- Phone
- (717) 787-1057
- RA-CORPS@pa.gov
- Bureau of Corporations and Charitable Organizations, 401 North Street, 206 North Office Building, Harrisburg, PA 17120
- Office
- 401 North Street, 206 North Office Building, Harrisburg, PA 17120
- Hours
- 8:00 AM to 4:45 PM Eastern, Monday to Friday
Maine Revenue Services
- Website
- www.maine.gov/revenue
- Phone
- (207) 624-9595
- Maine Revenue Services, P.O. Box 1060, Augusta, ME 04332-1060
- Office
- 51 Commerce Drive, Augusta, ME 04330
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Pennsylvania Department of Revenue
- Website
- www.pa.gov/agencies/revenue.html
- Phone
- (717) 787-1064
- Pennsylvania Department of Revenue, 1131 Strawberry Square, Harrisburg, PA 17128
- Office
- Strawberry Square, Harrisburg, PA 17128
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Maine or Pennsylvania?
Pennsylvania is cheaper at formation ($125) than Maine ($175). Ongoing costs are also different: $107 vs $185 per year. Total over three years: $446 vs $730.
-
Can I form an LLC in Maine if I live in Pennsylvania?
Yes, but your Pennsylvania business will almost certainly need to register as a foreign LLC in Pennsylvania too, which means paying Pennsylvania's foreign registration fee and any ongoing Pennsylvania obligations on top of the Maine 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 Maine vs Pennsylvania?
Maine online turnaround varies; Pennsylvania online: 3 business days. Maine offers paid expedite from $50. Pennsylvania offers paid expedite from $100.
-
Which state has lower taxes for an LLC, Maine or Pennsylvania?
Maine: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Pennsylvania: 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. Maine and Pennsylvania 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.
-
Do I need a written operating agreement in Maine or Pennsylvania?
Maine requires LLCs to adopt a written operating agreement by statute. Pennsylvania treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.
-
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 Maine or Pennsylvania 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 Maine and Pennsylvania comparisons
More Maine vs ...
Sources
- Filing fee: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Maine Secretary of State LLC Forms page: Certificate of Formation (Form MLLC-6) filing fee is $175. Current processing time published as 35 to 40 business days for routine filings. Maine does not offer online formation filing; Form MLLC-6 is mail-in only. - Expedited filing: www.maine.gov/sos/sites/maine.gov.sos/files/content/assets/250c200-4.d… · verified April 21, 2026
Chapter 200 Rules for the Use of Expedited Service in Corporations: 24-hour service fee $50.00, immediate (same-day) service fee $100.00. Each request must be accompanied by the appropriate expedite fee in addition to the regular filing fee. Availability is subject to staffing. The 24-hour $50 tier is reported as the default expedited option. - Certificate of Formation form: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Form MLLC-6 Certificate of Formation is the fillable PDF Maine uses to form a domestic LLC under Title 31 Chapter 21 (Maine Limited Liability Company Act). Hosted under the SoS inline-files directory. - Business name search: apps3.web.maine.gov/nei-sos-icrs/ICRS?MainPage=x · verified April 21, 2026
Maine Interactive Corporate Services (ICRS) entity name search. Redirected from legacy icrs.informe.org URL. Use to confirm name availability before filing. - Naming rules: legislature.maine.gov/legis/statutes/31/title31sec1508.html · verified April 21, 2026
31 M.R.S.A. §1508 governs LLC naming requirements, including the required designator ('limited liability company,' 'LLC,' 'L.L.C.,' or similar) and distinguishability from other entities on the Secretary of State's records. - Operating agreement requirement: legislature.maine.gov/legis/statutes/31/title31sec1531.html · verified April 21, 2026
31 M.R.S.A. §1531(1)(B) provides that to form an LLC 'a limited liability company agreement must be entered into or otherwise existing.' The agreement may be entered before, after, or at the time of filing the certificate, and may be written, oral, or implied under §1521, but the Maine Limited Liability Company Act requires that one exist. Maine is therefore classified as an operating-agreement-required state alongside California, Delaware, Missouri, and New York. - Publication requirement: legislature.maine.gov/legis/statutes/31/title31ch21sec0.html · verified April 21, 2026
Title 31 Chapter 21 (Maine Limited Liability Company Act) contains no newspaper publication requirement for LLC formation. Not required. - Foreign LLC registration fee: www.maine.gov/sos/corporations-commissions/i-need-a-business-form/limi… · verified April 21, 2026
Form MLLC-12 Statement of Foreign Qualification to Conduct Activities: filing fee $250 for foreign LLCs registering to do business in Maine. - Annual report fee: www.maine.gov/sos/corporations-commissions/filing-an-annual-report · verified April 21, 2026
Maine Secretary of State Filing an Annual Report page: annual report is required each year to maintain good standing; legal filing deadline is June 1. Annual report fee is $85 for domestic LLCs (Form MLLC-13) and $150 for foreign LLCs, per the LLC forms fee schedule. Online filing through Annual Reports Online is available; paper filings also accepted. - Corporate income tax rate: www.maine.gov/revenue/taxes/income-estate-tax/corporate-income-tax-112… · verified April 21, 2026
Maine Revenue Services Corporate Income Tax (1120ME): graduated corporate income tax from 3.5% on income up to $350,000 to 8.93% on income in excess of $3,500,000. Reported as 8.93% top marginal rate. Does not apply to LLCs taxed as pass-through entities; applies to LLCs electing C-corp treatment. - Sales tax rate: www.maine.gov/revenue/taxes/sales-use-service-provider-tax/rates-due-d… · verified April 21, 2026
Maine Revenue Services Sales and Use Tax Rates: general sales tax rate is 5.5%. Higher rates apply to specific categories (prepared food 8%, rentals of lodging 9%, short-term auto rental 10%, adult-use marijuana 10%). Service Provider Tax on enumerated services is 6%. - Franchise tax: www.maine.gov/revenue/taxes/income-estate-tax/franchise-tax-1120b-me · verified April 21, 2026
Maine Revenue Services Franchise Tax (1120B-ME): the Maine franchise tax is imposed only on banks and other financial institutions. No general franchise or capital-stock tax on ordinary LLCs. Recorded as applies: false. - Filing fee: www.pa.gov/agencies/dos/programs/business/fees-and-payments · verified April 21, 2026
Pennsylvania Department of State 'Fees and Payments' schedule: Certificate of Organization (domestic LLC) = $125. Veterans, reservists, and National Guard members may qualify for fee waiver with proof of service. - Expedited filing: www.pa.gov/agencies/dos/programs/business/fees-and-payments · verified April 21, 2026
PA Department of State expedited service tiers (over-the-counter or electronic only, not available by mail): Same-day (request in by 10 AM) $100; 3-hour (by 2 PM) $300; 1-hour (by 4 PM) $1,000. We report same-day $100 as the cheapest expedited tier. - Certificate of Formation form: www.pa.gov/agencies/dos/programs/business/types-of-filings-and-registr… · verified April 21, 2026
A Pennsylvania LLC is formed by filing Certificate of Organization (DSCB:15-8821) together with a Docketing Statement (DSCB:15-134A) with the Bureau of Corporations and Charitable Organizations. Fillable PDF is hosted at pa.gov. - Online filing portal: hub.business.pa.gov/ · verified April 21, 2026
PA Business One-Stop Hub (Keystone Login). Online filing portal for Certificate of Organization, annual report, amendments, and UCC. Online LLC formation is typically approved within 1–3 business days based on the Department's published Business Filing Services guidance. - Business name search: file.dos.pa.gov/search/business · verified April 21, 2026
Pennsylvania business entity search, operated by the Department of State. Cloudflare bot-verification gate appears on first load; page otherwise resolves normally. - Naming rules: www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=… · verified April 21, 2026
15 Pa.C.S. Chapter 2 (Entities Generally): Sections 202 (requirements for names) and 204 (name restrictions, including required designators such as 'company,' 'limited,' 'limited liability company,' or an abbreviation). Official Pennsylvania General Assembly statutes. - Operating agreement requirement: www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=… · verified April 21, 2026
15 Pa.C.S. §8815 recognizes operating agreements (written, oral, or implied) but does not require LLCs to adopt one. Under Chapter 88 (Pennsylvania Uniform Limited Liability Company Act of 2016), default statutory rules govern in the absence of an operating agreement. - Publication requirement: www.pa.gov/agencies/dos/programs/business/types-of-filings-and-registr… · verified April 21, 2026
PA Department of State LLC information page: 'No advertising is required when forming a domestic limited liability company.' The old pre-2017 publication rule was repealed by Act 170 of 2016. - Foreign LLC registration fee: www.pa.gov/agencies/dos/programs/business/fees-and-payments · verified April 21, 2026
PA DOS fee schedule: Foreign Registration Statement (foreign LLC) = $250. - Annual report fee: www.pa.gov/agencies/dos/programs/business/types-of-filings-and-registr… · verified April 21, 2026
Pennsylvania Annual Reports page: under Act 122 of 2022, LLCs must file an annual report (Form DSCB:15-146) each year between January 1 and September 30. Fee is $7 for for-profit LLCs. Beginning with 2027 filings, non-compliance triggers administrative dissolution 6 months after the deadline. - Franchise tax: www.pa.gov/agencies/revenue/resources/tax-rates/corporation-tax-rates · verified April 21, 2026
Pennsylvania eliminated the Capital Stock/Foreign Franchise Tax effective for tax years beginning January 1, 2016. No franchise or capital stock tax applies to LLCs. Restricted professional companies pay a separate annual registration fee of at least $500 under 15 Pa.C.S. §8998. - Corporate income tax rate: www.pa.gov/agencies/revenue/resources/tax-rates/corporation-tax-rates · verified April 21, 2026
PA Department of Revenue Corporate Net Income Tax rate for 2026 = 7.49% (Act 53 of 2022 schedule). Rate steps down 0.5 points per year to 4.99% by 2031. Applies to C-corps and to LLCs that elect C-corp treatment. - Sales tax rate: www.pa.gov/agencies/revenue/resources/tax-types-and-information/sales-… · verified April 21, 2026
Pennsylvania Sales, Use and Hotel Occupancy Tax base rate is 6%. Allegheny County adds 1% local tax and Philadelphia adds 2% local tax; statewide base rate reported here.