Comparing New York and Delaware for non-US founders: EIN-only formation, banking ease, privacy laws, annual costs, and the right entity type for your business.
All key factors international founders care about — fees, privacy, banking, and compliance requirements.
| Factor | 🗽 New York | 🏛️ Delaware |
|---|---|---|
| Filing Fee | $200 | $90 ✓ Better |
| Annual Cost | $9/yr ✓ Better | $50/yr |
| Processing Time | 3–10 days | 1–5 days |
| Privacy Protection | Low | Moderate ✓ Better |
| Tax Structure | Yes (4–10.9%) | No (non-residents) |
| Franchise Tax | Yes | Yes (min $50/yr) |
| Registered Agent Required | Yes (all states) | Yes (all states) |
| Registered Agent Cost | $50–150/yr | $50–150/yr |
| EIN-Only Formation | ✅ Yes | ✅ Yes |
| Banking Ease (Foreign Owner) | Good | Excellent |
| Physical Presence Required | ✅ Not required | ✅ Not required |
| Best Entity Type | LLC or C-Corp | C-Corp or LLC |
What matters most when forming a US entity without US citizenship or residency.
Both New York and Delaware allow formation using only an EIN (Employer Identification Number). Apply via IRS Form SS-4 — use the international fax method if you lack a US Social Security Number. Takes 1–5 business days.
Your state of formation matters less than your EIN and formation documents. These neobanks accept foreign-owned LLCs from any state:
✅ New York does not require physical presence — form entirely online. ✅ Delaware allows fully remote formation and banking. Most foreign founders never visit the US for their formation.
Both states require a registered agent — a US person or company that receives legal documents on your behalf.
Which entity structure works best for foreign founders in each state.
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Yes — both states allow 100% remote formation. You need a registered agent with a US address, and you can obtain an EIN via IRS Form SS-4 using the international fax method (no SSN required). Neither state requires physical presence to form an LLC.
Delaware has the lower filing fee at $90. For ongoing annual costs, New York is cheaper at $9/yr. Factor in registered agent costs ($50–200/yr) when comparing total cost of ownership.
No. As a foreign national, you use an EIN (Employer Identification Number) instead of an SSN. Apply for an EIN via IRS Form SS-4 — international fax method if you lack an SSN. This works in all 50 US states including New York and Delaware.
New York offers good banking ease; Delaware offers excellent banking ease. In practice, neobanks like Mercury, Relay, and Wise Business accept LLCs from any US state — your state of formation matters less than your EIN and formation documents.
Yes — both states allow 100% foreign ownership of an LLC with no restrictions. Non-resident aliens can own US LLCs outright. Note: S-Corps (a different structure) prohibit non-resident alien ownership. For a standard LLC or C-Corp, there are no citizenship or residency requirements in either state.