Where Are New Businesses Forming? A State-by-State Look at LLC Growth
The landscape of Limited Liability Company (LLC) formation across the United States has undergone dramatic shifts over the past five years, with certain states emerging as clear winners while others face declining incorporation rates.
This comprehensive analysis examines which states have experienced the most significant growth in LLC filings, correlating these trends with business tax incentives, filing fees, remote work policies, and entrepreneurial migration patterns.
Quick Summary
- Wyoming has experienced explosive growth in LLC formations, with incorporations tripling since 2019 and overtaking Delaware for per-capita incorporations.
- Florida ranked third nationally with 2,714 new businesses per 100,000 people in 2024, behind only Wyoming (10,133) and Delaware (5,484).
- Meanwhile, traditional incorporation havens like Delaware are experiencing plateauing demand due to increased competition and changing business priorities.
The Big Winners: States Leading LLC Growth
The following table provides a comprehensive comparison of the top-performing states in LLC formation growth from 2019-2024:
| State | Growth Rate | 2024 New Businesses per 100,000 People | Filing Fee | Annual Fee | State Income Tax | Key Advantages |
|---|---|---|---|---|---|---|
| Wyoming | Tripled since 2019 | 10,133 | $100 | $60 minimum | None | Anonymous LLCs, superior asset protection, privacy laws |
| Florida | Strong growth | 2,714 (#3 nationally) | $125 | $138.75 | None | Tourism/real estate focus, population influx, business migration |
| Texas | Consistent growth | High volume | $300 | Franchise tax based on revenue | None | Large business network, tech/energy sectors, economic scale |
| Delaware | Plateauing | 5,484 (#2 nationally) | $90 | $300 | Limited exemptions | Established legal framework, corporate precedents |
Detailed Analysis by State
Wyoming: The Unexpected Champion has emerged as the undisputed leader in LLC growth, transforming from a regional player to a national powerhouse [1]. The state saw 166,960 entities formed in 2023 (92% LLCs), with per-capita incorporations now exceeding Delaware.
Wyoming's success stems from zero state taxes, ultra-low fees, maximum privacy protection (no public disclosure of members), and superior asset protection following 2016 legislative changes that made piercing the corporate veil extremely difficult.
Florida: The Migration Magnet recorded 634,320 new business applications in 2024, with three Florida counties (Miami-Dade, Broward, and Orange) ranking in the top 15 nationally for new business applications per 10,000 residents [2].
The state's appeal comes from no personal income tax, strong tourism and real estate sectors, and significant population influx driving entrepreneurial activity [3].
Texas: The Economic Powerhouse continues attracting businesses through its combination of no personal income tax and massive economic scale. Small businesses account for a substantial share of the workforce, with particularly strong performance in technology and energy sectors despite national economic fluctuations.
Related Article: What Are the Best States to Form an LLC
The Decline: Traditional Leaders Losing Ground
Delaware: The Plateauing Pioneer
Despite its historical dominance in corporate formations, Delaware faces mounting challenges in the LLC space.
Declining Competitiveness:
- High Annual Fees: Delaware LLCs, limited partnerships, and general partnerships are required by law to pay an annual tax of $300.
- Increased Competition: Wyoming's growth has come disproportionally from LLCs, challenging Delaware's traditional dominance.
- Market Saturation: While Delaware formed 298,165 entities in 2023, the growth rate has slowed compared to emerging competitors.
Current Position:
- 67.6% of Fortune 500 companies remain incorporated in Delaware
- 80% of U.S. initial public offerings in 2023 chose Delaware
- However, LLC formations show signs of plateauing as entrepreneurs seek lower-cost alternatives
Policy Correlations and Migration Patterns
Tax Incentives Drive Formation Decisions
The correlation between state tax policies and LLC formation rates is unmistakable:
Zero-Tax State Advantage:
- Winners: States with no corporate or personal income tax (Wyoming, Texas, Florida) dominate growth [4].
- Losers: High-tax states see entrepreneurs migrate to more favorable jurisdictions like Maryland, Massachusetts, Oklahoma, and Pennsylvania [5].
Fee Structure Impact:
- Delaware's $300 annual fee versus Wyoming's $60 minimum annual fee creates a 5x cost differential.
- The average LLC annual fee in the US is $91, making low-fee states increasingly attractive.
Remote Work Revolution
The shift to remote work has fundamentally altered LLC formation patterns:
Digital Nomad Appeal:
- Privacy-First States: Wyoming's anonymous LLC options attract entrepreneurs seeking confidentiality.
- Tax Optimization: Business owners can form LLCs in tax-friendly states like Delaware, Wyoming, or Nevada regardless of their physical location.
- Operational Flexibility: Remote work enables entrepreneurs to separate their business domicile from their residence.
Must Read:How Remote Work Is Reshaping Business Formation in the U.S. (Case Study)
Regulatory Environment Influence
Simplified Compliance Wins:
- Wyoming's minimal reporting requirements reduce administrative burden
- Wyoming's annual report filing process is straightforward and cost-effective
Complex Rules Deter Formation:
- States with complicated registration processes like California, New York, and New Jersey lose business to streamlined competitors like Wyoming, Delaware, and Nevada
- Excessive bureaucracy drives entrepreneurs to business-friendly alternatives such as Wyoming, Texas, and Delaware
Entrepreneurial Migration Trends
The Great Business Relocation
The last four years saw a record 21 million new businesses launched in the U.S., at a rate more than 90% faster than pre-pandemic levels. This explosion coincided with significant geographical shifts:
Key Migration Patterns:
- From High-Tax to Low-Tax States: Entrepreneurs increasingly prioritize tax efficiency
- Privacy-Seeking Behavior: Growing demand for anonymous LLC structures
- Cost Consciousness: Filing fees and annual costs heavily influence decisions
- Regulatory Simplicity: Streamlined processes attract busy entrepreneurs
Industry-Specific Trends
Technology Sector:
- Gravitates toward states offering both tax advantages and business infrastructure
- Particularly attracted to Wyoming's privacy protections and Florida's lifestyle appeal
Real Estate Investment:
- Wyoming holding company structures provide superior asset protection
- Tax-free states offer significant advantages for property investment entities
E-commerce and Digital Services:
- Location-independent businesses increasingly form in optimal tax jurisdictions
- Privacy considerations drive formation decisions for online entrepreneurs
Policy Implications and State Responses
Competitive Pressures
States are recognizing the economic value of business formations and adapting accordingly:
Successful Strategies:
- Tax Elimination: Complete removal of state income taxes
- Fee Reduction: Competitive pricing for formation and maintenance
- Privacy Enhancement: Anonymous LLC options and minimal disclosure requirements
- Process Streamlining: Online filing systems and rapid approval times
Unsuccessful Approaches:
- Maintaining high fees without corresponding value
- Complex regulatory requirements that burden small businesses
- Limited privacy protections in an increasingly connected world
Economic Development Impact
LLC formations serve as a leading indicator of entrepreneurial activity and economic vitality:
Positive Indicators:
- Small businesses contributed 1,760 net new jobs in Wyoming, representing 80% of total job growth
- Wyoming businesses with revenues under $1 million received $420 million in small business loans in 2022
State Revenue Considerations:
- While low fees reduce per-entity revenue, higher volumes can increase total franchise tax collections
- Business formation often correlates with broader economic activity and job creation
Future Outlook and Recommendations
Emerging Trends
Technology Integration:
- Wyoming allows forms to be submitted either by mail or online, but states offering superior digital experiences gain competitive advantages
- Blockchain and cryptocurrency businesses particularly value privacy-forward jurisdictions
Regulatory Evolution:
- Federal requirements like Beneficial Ownership Information reporting starting January 1, 2024 create uniform compliance burdens
- States that simplify compliance with federal requirements maintain competitive edges
Strategic Recommendations for States
For Declining States:
- Fee Restructuring: Reduce annual fees to competitive levels
- Process Improvement: Streamline formation and maintenance procedures
- Privacy Enhancement: Implement anonymous LLC options where legally permissible
- Tax Reform: Consider eliminating or reducing state income taxes on businesses
For Growing States:
- Infrastructure Investment: Ensure systems can handle increased volume
- Service Quality: Maintain high customer service standards as volume grows
- Innovation Leadership: Continue advancing business-friendly legislation
- Economic Development: Leverage LLC growth to attract broader business investment
Conclusion
The LLC formation landscape has fundamentally shifted over the past five years, with Wyoming, Florida, and Texas emerging as clear winners through strategic policy decisions prioritizing low taxes, minimal fees, and streamlined operations.
Wyoming's explosive growth - with LLC incorporations tripling since 2019 - demonstrates how the right combination of policies can transform a state's competitive position.
Meanwhile, traditional leaders like Delaware face pressure to adapt or risk continued erosion of their LLC market share.
The correlation between business-friendly policies and entrepreneurial migration is undeniable, with entrepreneurs increasingly willing to form entities in jurisdictions that offer optimal combinations of tax benefits, privacy protections, and operational simplicity.
As remote work continues reshaping business operations, the disconnect between business formation location and operational headquarters will likely increase.
States that recognize this trend and position themselves as business-friendly jurisdictions - regardless of size or traditional economic base - will capture disproportionate shares of America's entrepreneurial activity.
References:
- https://blog.opencorporates.com/2024/12/11/an-explosion-of-llcs-the-wyoming-angle/
- https://startglobal.co/llc/best-state-for-us-llc
- https://businessanywhere.io/llc-formation-key-states-to-consider-in-2025/
- https://smallbusinessxchange.com/news/what-states-offer-the-best-tax-incentives-for-small-businesses-in-2025/131451/
- https://www.uschamber.com/small-business/new-business-applications-a-state-by-state-view
