Is it cheaper to form an LLC in North Dakota or Wisconsin?

Wisconsin is cheaper at formation ($130) than North Dakota ($135). Ongoing costs are also different: $125 vs $150 per year. Total over three years: $505 vs $585.

Can I form an LLC in North Dakota if I live in Wisconsin?

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

North Dakota online: 5 business days; Wisconsin online: 1 business day. North Dakota does not offer paid expedite. Wisconsin offers paid expedite from $25.

Which state has lower taxes for an LLC, North Dakota or Wisconsin?

North Dakota: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Wisconsin: 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. North Dakota and Wisconsin 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 North Dakota or Wisconsin 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.

North Dakota vs Wisconsin LLC comparison

North Dakota charges $135 to form an LLC; Wisconsin charges $130. 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, Wisconsin runs about $80 less in total state fees than North Dakota. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

On speed, Wisconsin typically clears standard online filings faster than North Dakota. 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

North Dakota $135

Wisconsin $130

Wisconsin saves $5

Year 1 total estimate

North Dakota $285

Wisconsin $255

Wisconsin saves $30

Ongoing per year

North Dakota $150

Wisconsin $125

Wisconsin saves $25

3-year total

North Dakota $585

Wisconsin $505

Wisconsin saves $80

Key differences at a glance

Wisconsin costs $5 less to form ($130 vs $135).
Wisconsin is $25 per year cheaper to maintain ($125 vs $150).

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 Wisconsin

Paid expedited tier

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.

North Dakota Wisconsin

Year 1

$285

$255

Year 2

$435

$380

Year 3

$585

$505

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 North Dakota, business operates there No foreign LLC registration needed. You pay North Dakota fees only.	$285	$150	$585
You live in Wisconsin, business operates there No foreign LLC registration needed. You pay Wisconsin fees only.	$255	$125	$505
Non-resident forming in North Dakota with operations elsewhere You pay North Dakota's fees plus a typical home-state foreign LLC registration of about $200 per year.	$485	$350	$1,185
Non-resident forming in Wisconsin with operations elsewhere You pay Wisconsin's fees plus a typical home-state foreign LLC registration of about $200 per year.	$455	$325	$1,105

North Dakota vs Wisconsin: full comparison

Dimension	North Dakota	Wisconsin
Online filing Can you file the formation document online?	Yes	Yes
Online approval time Standard, non-expedited	5 business days	1 business day
Expedited option Paid fast-track filing	Not offered	$25
Annual report Required in addition to tax	Required, $50	Required, $25
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	$135	$100
State sales tax General statewide rate	5.0%	5.0%

Taxes in North Dakota and Wisconsin

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.

North Dakota tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.3%.

Wisconsin tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 7.9%.

Ongoing compliance

The recurring filings each state requires after formation.

North Dakota

Annual report $50, due 11/15 each year. Registered agent required in North Dakota.

Wisconsin

Annual report $25, due on your anniversary month. Registered agent required in Wisconsin.

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.

North Dakota

Check business-name availability on the North Dakota entity search.
Appoint a registered agent with a physical North Dakota street address.
File Articles of Organization (Limited Liability Company) for $135.
Wait for approval. Online typically 5 business days. No paid expedite offered.
Adopt an operating agreement (recommended, not required by North Dakota 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 $50 when it comes due.

Wisconsin

Check business-name availability on the Wisconsin entity search.
Appoint a registered agent with a physical Wisconsin street address.
File Articles of Organization, Limited Liability Company (Form DFI/CORP/502) for $130.
Wait for approval. Online typically 1 business days. Paid expedite from $25.
Adopt an operating agreement (recommended, not required by Wisconsin 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 $25 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 North Dakota and Wisconsin (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 North Dakota or Wisconsin 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

North Dakota Secretary of State - Business Services

Website: sos.nd.gov
Phone: (701) 328-2900
Email: sosbir@nd.gov
Mail: 600 E Boulevard Avenue, Dept 108, Bismarck, ND 58505-0500
Hours: 8:00 AM to 5:00 PM Central, Monday to Friday

Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services

Website: dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Default.aspx
Phone: (608) 261-7577
Email: DFICorporations@dfi.wisconsin.gov
Mail: Department of Financial Institutions, Division of Corporate and Consumer Services, P.O. Box 93348, Milwaukee, WI 53293-0348
Office: 4822 Madison Yards Way, North Tower, Madison, WI 53705
Hours: 7:45 AM to 4:30 PM Central, Monday to Friday

North Dakota Office of State Tax Commissioner

Website: www.tax.nd.gov
Phone: (701) 328-7088
Mail: 600 E. Boulevard Ave., Dept. 127, Bismarck, ND 58505-0599
Hours: 8:00 AM to 5:00 PM Central, Monday to Friday

Wisconsin Department of Revenue

Website: www.revenue.wi.gov
Phone: (608) 266-2776
Mail: Wisconsin Department of Revenue, P.O. Box 268, Madison, WI 53790-0001
Office: 2135 Rimrock Road, Madison, WI 53713
Hours: 7:45 AM to 4:30 PM Central, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in North Dakota or Wisconsin?

Wisconsin is cheaper at formation ($130) than North Dakota ($135). Ongoing costs are also different: $125 vs $150 per year. Total over three years: $505 vs $585.
Can I form an LLC in North Dakota if I live in Wisconsin?

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

North Dakota online: 5 business days; Wisconsin online: 1 business day. North Dakota does not offer paid expedite. Wisconsin offers paid expedite from $25.
Which state has lower taxes for an LLC, North Dakota or Wisconsin?

North Dakota: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Wisconsin: 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. North Dakota and Wisconsin 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 North Dakota or Wisconsin 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

North DakotaOpen North Dakota LLC guide →
WisconsinOpen Wisconsin LLC guide →

More North Dakota and Wisconsin comparisons

More North Dakota vs ...

More Wisconsin vs ...

Sources

Filing fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
North Dakota SoS LLC page lists Registration (Articles of Organization) filing fee as $135 for both domestic and foreign LLCs. Same fee whether filed online via FirstStop or by mail.
Expedited filing: firststop.sos.nd.gov/ · verified April 21, 2026
North Dakota does not offer a state-level expedited processing tier. All filings go through the FirstStop online portal, which the SoS reports processes LLC formations in approximately 5 business days.
Foreign LLC registration fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
Foreign LLC registration fee matches the domestic Articles of Organization fee at $135, per the ND SoS LLC fee listing.
Operating agreement requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
N.D.C.C. 10-32.1-02(36) defines 'operating agreement' to include agreements that are oral, in a record, implied, or any combination thereof. The North Dakota Uniform LLC Act does not require a written operating agreement.
Publication requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
Chapter 10-32.1 (Uniform Limited Liability Company Act) contains no newspaper publication requirement for LLC formation. Only NY, AZ, and NE require publication.
Annual report fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
ND SoS LLC page lists the annual report fee as $50 for Business LLC, PLLC, and foreign LLC. Business LLCs and PLLCs are due November 15 each year; Farming/Ranching and Authorized Livestock Farm LLCs due April 15.
Corporate income tax rate: www.tax.nd.gov/business/corporate-income-tax · verified April 21, 2026
ND Office of State Tax Commissioner corporate income tax page: top bracket is taxable income over $50,000, taxed at $1,240 plus 4.31% of the amount over $50,000. Graduated rates 1.41% to 4.31%. Applies to C-corps; LLCs taxed as C-corps would use these rates.
Sales tax rate: www.tax.nd.gov/business/sales-and-use-tax · verified April 21, 2026
ND Office of State Tax Commissioner: statewide general sales and use tax rate is 5%. Cities and counties levy additional local option taxes on top of the state rate.
Business name search: firststop.sos.nd.gov/search/business · verified April 21, 2026
FirstStop business entity search, used to confirm name availability before filing Articles of Organization.
Online filing portal: firststop.sos.nd.gov/ · verified April 21, 2026
FirstStop is the North Dakota SoS online business filing portal. The SoS directs all LLC filings through FirstStop; online filings are typically approved within 5 business days.
Filing fee: dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Fees.aspx · verified April 21, 2026
Wisconsin DFI Corporation Fee Schedule: Articles of Organization $170 paper, $130 online. Online fee recorded as the default filingFee. Authority: Wis. Stat. 183.0114.
Expedited filing: dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Fees.aspx · verified April 21, 2026
Wisconsin DFI expedited service: $25 for next business day processing (paper filings), $250 for 4-hour in-person, $500 for 1-hour in-person. Online filings are typically processed within one business day without extra expedite fee; $25 next-day tier recorded.
Annual report fee: dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Fees.aspx · verified April 21, 2026
Wisconsin domestic LLC annual report: $25 online, $40 by mail. Foreign LLC annual report: $65 online, $80 by mail. Online fee recorded. Authority: Wis. Stat. 183.0212 (2023 WULLCL) for reporting requirement, DFI fee schedule for fee amounts.
Franchise tax: www.revenue.wi.gov/Pages/FAQS/ise-crpginfo.aspx · verified April 21, 2026
Wisconsin DOR Corporation Income/Franchise Tax FAQ: corporations and LLCs treated as corporations pay franchise or income tax at 7.9%. Standard LLCs (partnerships or disregarded entities) are not subject to the entity-level franchise tax. There is no flat minimum LLC tax in Wisconsin.
Corporate income tax rate: www.revenue.wi.gov/Pages/FAQS/ise-crpginfo.aspx · verified April 21, 2026
Wisconsin corporate franchise/income tax rate is a flat 7.9% under Wis. Stat. 71.27. Applies to C corps and LLCs taxed as C corps.
Sales tax rate: www.revenue.wi.gov/Pages/FAQS/pcs-taxrates.aspx · verified April 21, 2026
Wisconsin statewide sales and use tax is 5%. County tax adds 0.5% in most counties; premier resort area taxes apply in a few localities. Statewide base rate recorded here.
Foreign LLC registration fee: dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Fees.aspx · verified April 21, 2026
Wisconsin DFI fee schedule: Foreign LLC Application for Certificate of Registration $100. Authority: Wis. Stat. 183.1002.
Operating agreement requirement: docs.legis.wisconsin.gov/statutes/statutes/183/i/0105 · verified April 21, 2026
Wis. Stat. 183.0105 (Wisconsin Uniform Limited Liability Company Law, effective Jan. 1, 2023): operating agreement may be oral, written, implied, or a combination. Not required for LLC validity. Default statutory rules under Chapter 183 apply when no operating agreement is adopted.
Publication requirement: docs.legis.wisconsin.gov/statutes/statutes/183 · verified April 21, 2026
Wisconsin Chapter 183 contains no publication or newspaper notice requirement for LLC formation.
Business name search: www.wdfi.org/apps/CorpSearch/Search.aspx · verified April 21, 2026
Wisconsin DFI CorpSearch. Used to confirm name availability before filing Form 502.

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