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Delaware vs Wyoming for tech startup in 2024 - is Wyoming actually better now?

Started by mike_t_13 · May 16, 2024 · 0 replies
For informational purposes only. Not legal advice.
MT
mike_t_13 OP

Sorry for the wall of text. Getting ready to incorporate my B2B SaaS. I'm based in Colorado, no plans to raise VC (bootstrapping), probably 1-3 employees eventually.

Everyone says "just do Delaware" but I keep seeing Wyoming mentioned. Lower fees, more privacy, no franchise tax. Is Wyoming actually viable in 2024 or is Delaware still the default?

CA
cant_afford_a_lawyer_2

Real talk: this is exactly right. The #1 mistake I see: solo consultants in California forming Delaware LLCs because a YouTube video told them to. They end up paying Delaware fees + California foreign LLC fees + California franchise tax โ€” more expensive than just forming in California imo.

Simple rule: form in Delaware if you're raising institutional capital. Form in your home state for everything else. Wyoming is a good choice only if you actually operate there or need the specific privacy/asset protection features and don't have a home-state nexus.