Is it cheaper to form an LLC in Maryland or New Hampshire?

New Hampshire is cheaper at formation ($100) than Maryland ($150). Ongoing costs are also different: $200 vs $400 per year. Total over three years: $700 vs $1,350.

Can I form an LLC in Maryland if I live in New Hampshire?

Yes, but your New Hampshire business will almost certainly need to register as a foreign LLC in New Hampshire too, which means paying New Hampshire's foreign registration fee and any ongoing New Hampshire obligations on top of the Maryland 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 Maryland vs New Hampshire?

Maryland online: 10 business days; New Hampshire online: 10 business days. Maryland offers paid expedite from $325. New Hampshire offers paid expedite from $25.

Which state has lower taxes for an LLC, Maryland or New Hampshire?

Maryland: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. New Hampshire: no state income tax, 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. Maryland and New Hampshire 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 Maryland or New Hampshire 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.

Maryland vs New Hampshire LLC comparison

Maryland charges $150 to form an LLC; New Hampshire charges $100. 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, New Hampshire runs about $650 less in total state fees than Maryland. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

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

Maryland $150

New Hampshire $100

New Hampshire saves $50

Year 1 total estimate

Maryland $550

New Hampshire $300

New Hampshire saves $250

Ongoing per year

Maryland $400

New Hampshire $200

New Hampshire saves $200

3-year total

Maryland $1,350

New Hampshire $700

New Hampshire saves $650

Key differences at a glance

New Hampshire costs $50 less to form ($100 vs $150).
New Hampshire is $200 per year cheaper to maintain ($200 vs $400).
New Hampshire has no state individual income tax; pass-through LLC income flows to members without a state layer. The other state does tax at the member level.

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 New Hampshire

No state income tax
No state sales tax

Both states

Online filing
Paid expedited tier
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.

Maryland New Hampshire

Year 1

$550

$300

Year 2

$950

$500

Year 3

$1,350

$700

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 Maryland, business operates there No foreign LLC registration needed. You pay Maryland fees only.	$550	$400	$1,350
You live in New Hampshire, business operates there No foreign LLC registration needed. You pay New Hampshire fees only.	$300	$200	$700
Non-resident forming in Maryland with operations elsewhere You pay Maryland's fees plus a typical home-state foreign LLC registration of about $200 per year.	$750	$600	$1,950
Non-resident forming in New Hampshire with operations elsewhere You pay New Hampshire's fees plus a typical home-state foreign LLC registration of about $200 per year.	$500	$400	$1,300

Maryland vs New Hampshire: full comparison

Dimension	Maryland	New Hampshire
Online filing Can you file the formation document online?	Yes	Yes
Online approval time Standard, non-expedited	10 business days	10 business days
Expedited option Paid fast-track filing	$325	$25
Annual report Required in addition to tax	Required, $300	Required, $100
State-imposed annual tax Franchise, privilege, or LLC tax minimum	None	None
State income tax On pass-through LLC income at member level	Yes	No
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	$150	$100
State sales tax General statewide rate	6.0%	None

Taxes in Maryland and New Hampshire

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.

Maryland tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 8.3%.

New Hampshire tax

No entity-level franchise tax on LLCs. No state income tax. Corporate rate 7.5%.

Ongoing compliance

The recurring filings each state requires after formation.

Maryland

Annual report $300, due 04/15 each year. Registered agent required in Maryland.

New Hampshire

Annual report $100, due 04/01 each year. Registered agent required in New Hampshire.

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.

Maryland

Check business-name availability on the Maryland entity search.
Appoint a registered agent with a physical Maryland street address.
File Articles of Organization for a Limited Liability Company for $150.
Wait for approval. Online typically 10 business days. Paid expedite from $325.
Adopt an operating agreement (recommended, not required by Maryland 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 $300 when it comes due.

New Hampshire

Check business-name availability on the New Hampshire entity search.
Appoint a registered agent with a physical New Hampshire street address.
File Certificate of Formation (Form LLC-1) for $100.
Wait for approval. Online typically 10 business days. Paid expedite from $25.
Adopt an operating agreement (recommended, not required by New Hampshire 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 $100 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 Maryland and New Hampshire (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 Maryland or New Hampshire 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

Maryland State Department of Assessments and Taxation, Charter Division

Website: dat.maryland.gov
Phone: (410) 767-1184
Email: sdat.serviceofprocess@maryland.gov
Mail: Charter Division, Maryland Department of Assessments and Taxation, 8th Floor, 301 W. Preston St., Baltimore, MD 21201-2395
Office: 301 W. Preston Street, Baltimore, MD 21201
Hours: 8:30 AM to 4:30 PM Eastern, Monday to Friday

New Hampshire Secretary of State, Corporation Division

Website: www.sos.nh.gov/corporations-0
Phone: (603) 271-3246
Email: corporate@sos.nh.gov
Mail: Corporation Division, 107 North Main Street, Room 204, Concord, NH 03301-4989
Office: State House, 107 North Main Street, Room 204, Concord, NH 03301
Hours: 8:00 AM to 4:30 PM Eastern, Monday to Friday

Comptroller of Maryland

Website: www.marylandtaxes.gov
Phone: (410) 260-7980
Email: taxhelp@marylandtaxes.gov
Mail: Comptroller of Maryland, Revenue Administration Division, 110 Carroll Street, Annapolis, MD 21411-0001
Office: Goldstein Treasury Building, 80 Calvert Street, Annapolis, MD 21401
Hours: 8:30 AM to 4:30 PM Eastern, Monday to Friday

New Hampshire Department of Revenue Administration

Website: www.revenue.nh.gov
Phone: (603) 230-5000
Mail: Governor Hugh Gallen State Office Park, 109 Pleasant Street (Medical and Surgical Building), Concord, NH 03301
Office: 109 Pleasant Street, Concord, NH 03301
Hours: 8:00 AM to 4:30 PM Eastern, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in Maryland or New Hampshire?

New Hampshire is cheaper at formation ($100) than Maryland ($150). Ongoing costs are also different: $200 vs $400 per year. Total over three years: $700 vs $1,350.
Can I form an LLC in Maryland if I live in New Hampshire?

Yes, but your New Hampshire business will almost certainly need to register as a foreign LLC in New Hampshire too, which means paying New Hampshire's foreign registration fee and any ongoing New Hampshire obligations on top of the Maryland 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 Maryland vs New Hampshire?

Maryland online: 10 business days; New Hampshire online: 10 business days. Maryland offers paid expedite from $325. New Hampshire offers paid expedite from $25.
Which state has lower taxes for an LLC, Maryland or New Hampshire?

Maryland: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. New Hampshire: no state income tax, 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. Maryland and New Hampshire 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 Maryland or New Hampshire 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

MarylandOpen Maryland LLC guide →
New HampshireOpen New Hampshire LLC guide →

More Maryland and New Hampshire comparisons

More Maryland vs ...

More New Hampshire vs ...

Sources

Filing fee: dat.maryland.gov/businesses/Documents/FEES.pdf · verified April 21, 2026
SDAT Fee Schedule for Documents Relating to Corporate Charters (revised May 2024). Articles of Organization (domestic LLC) base fee is $100 with a $50 expedited service fee. All online filings through Maryland Business Express are automatically expedited, making the effective online day-one cost $150 (100 base plus 50 expedite). Mail filings may pay the $100 base with 4 to 6 week review, or add the $50 expedite fee for 7 to 10 business day review.
Expedited filing: egov.maryland.gov/BusinessExpress/home/ProcessingTimes · verified April 21, 2026
Rush service via online Maryland Business Express: $325 same-day fee when submitted before 2:30 PM (reviewed within approximately 3 hours). Rush service via paper dropbox at 123 Market Place, Baltimore: $425 same-day fee (submit by 10 AM, pickup by 3:45 PM). Fee amounts per SDAT fee schedule revised May 2024. We report the online rush at $325 and approximately 3 hour turnaround as the default expedited tier.
Annual report fee: dat.maryland.gov/SDAT%20Forms/PPR_Forms/2025_Form1.pdf · verified April 21, 2026
Form 1 Annual Report and Business Personal Property Return, Maryland SDAT. Filing fee for a Domestic or Foreign Limited Liability Company is $300 per entity, due April 15 each year. The same Form 1 captures both the Annual Report (Sections I through III all LLCs must complete) and the Business Personal Property Return (Sections IV through VIII, required only if the LLC owns, leases, or uses personal property in Maryland with total original cost of $20,000 or more).
Corporate income tax rate: www.marylandtaxes.gov/business/income/tax-information.php · verified April 21, 2026
Maryland corporate income tax is a flat 8.25% of Maryland modified income. Applies to C-corporations and to LLCs electing C-corp treatment. LLCs default to pass-through taxation.
Sales tax rate: www.marylandcomptroller.gov/taxes/business/sales-and-use/ · verified April 21, 2026
Maryland statewide sales and use tax is 6% with no local add-on (special 9% rate applies to alcoholic beverages). Short-term vehicle rentals and a handful of services have different rates.
Foreign LLC registration fee: dat.maryland.gov/businesses/Documents/FEES.pdf · verified April 21, 2026
SDAT Fee Schedule: Foreign LLC Registration base fee $100 plus $50 expedited. Online filings through Maryland Business Express are automatically expedited at $150 total. Same foreign LLC must also file Form 1 Annual Report and pay the $300 annual fee.
Business name search: egov.maryland.gov/BusinessExpress/EntitySearch · verified April 21, 2026
Maryland Business Express Entity Search. Confirm LLC name availability before filing Articles of Organization.
Operating agreement requirement: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gca&section=4A… · verified April 21, 2026
Md. Code Corp. and Assns. 4A-402 permits (but does not require) members to enter into an operating agreement. Unless the articles of organization specifically require otherwise, the operating agreement need not be in writing. Maryland does not mandate a written LLC operating agreement.
Filing fee: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-12/form_ll… · verified April 21, 2026
New Hampshire Form LLC-1 Certificate of Formation: filing fee of $100 payable to State of New Hampshire. Online filing through NH QuickStart adds a $2 electronic processing surcharge (total $102). In-person walk-in filings carry an additional $25 expedite fee.
Expedited filing: sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees · verified April 21, 2026
New Hampshire Secretary of State Corporation Division: expedited service is available in person in the Customer Lobby for an additional $25 fee, providing next business day processing. Not offered for standard online or mail filings. Recorded the $25 walk-in tier.
Annual report fee: www.sos.nh.gov/corporations-0/file-annual-report · verified April 21, 2026
New Hampshire LLC annual report fee: $100 by mail or $102 online (includes $2 e-processing surcharge). Due April 1 each year. $50 late penalty applies if not filed by April 1. Filed through NH QuickStart.
Foreign LLC registration fee: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-11/form_fl… · verified April 21, 2026
New Hampshire Form FLLC-1 Application for Foreign Limited Liability Company Registration: filing fee of $100. Matches the domestic Certificate of Formation fee.
Operating agreement requirement: law.justia.com/codes/new-hampshire/title-xxviii/chapter-304-c/section-… · verified April 21, 2026
RSA 304-C:40 Form of Operating Agreement: an operating agreement may be written, oral, or implied by course of dealing or otherwise. New Hampshire does not require LLCs to adopt a written operating agreement. Recorded as not required.
Publication requirement: gc.nh.gov/rsa/html/nhtoc/nhtoc-xxviii-304-c.htm · verified April 21, 2026
New Hampshire RSA Chapter 304-C contains no newspaper publication requirement for LLC formation. Not required.
Corporate income tax rate: www.revenue.nh.gov/taxes-glance/business-taxes · verified April 21, 2026
New Hampshire Business Profits Tax (BPT) rate is 7.5% for taxable periods ending on or after December 31, 2023, and continuing for 2026 per NH DRA. This is the state's functional corporate income tax rate. Not combined with the 0.55% Business Enterprise Tax (BET), which is captured separately in taxes.notes per the playbook's maxCorporateRate = income-only rule.
Sales tax rate: www.revenue.nh.gov/ · verified April 21, 2026
New Hampshire imposes no general state sales tax. A 9% Meals and Rooms (Rentals) Tax applies to prepared food, hotel lodging, and motor vehicle rentals, but no broad retail sales tax exists.
Business name search: quickstart.sos.nh.gov/online/BusinessInquire · verified April 21, 2026
NH QuickStart Business Inquire portal. Use to confirm name availability before filing.
Online filing portal: quickstart.sos.nh.gov/online/Account/LandingPage · verified April 21, 2026
NH QuickStart online business filing portal. Current published online processing time is 10 to 15 business days. Online submissions carry a $2 electronic processing surcharge on top of the $100 filing fee.
Certificate of Formation name: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-12/form_ll… · verified April 21, 2026
Mail-in paper form titled 'Certificate of Formation' (Form LLC-1), revised October 2018. Online filers complete the equivalent form through NH QuickStart.

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