- Filing fee
- $110
- Annual Franchise Tax
- $400
- First-year gov. cost
- $110
- Publication
- Not required
The steps, in order
Pick a name Delaware will accept
Must include Limited Liability Company or an abbreviation like L.L.C.
Search existing Delaware business names before you commit. Delaware naming rules in detail.
Appoint a registered agent
Physical Delaware street address required.
You can serve as your own agent, but your address will be public. Compare Delaware registered agent options.
File the Certificate of Formation
Submit it to the Delaware Division of Corporations through the official filing portal and pay $110. Includes state filing fee and mandatory municipality fee. Applies equally to online and mailed submissions.
Processing: online Fluctuates based on queue, call to confirm; by mail Fluctuates based on queue. Expedite: Next Business Day $50 to $100, Same Day $100 to $200, Two-Hour $500, One-Hour $1,000.
Write an operating agreement
Not required to be written, oral or implied agreement is legally valid, nothing filed with state.
Get an EIN from the IRS
An Employer Identification Number is free from IRS.gov. You'll need it for a business bank account and, if you hire, for payroll.
Stay in good standing
File the Annual Franchise Tax ($400), due On or before June 1st. $200 penalty plus 1.5% interest per month on unpaid tax and penalty Delaware report deadlines.
Every Delaware LLC fee
| Filing | State fee | Notes |
|---|---|---|
| Certificate of Formation | $110 | Includes state filing fee and mandatory municipality fee. Applies equally to online and mailed submissions. |
| Annual Franchise Tax | $400 | annual, On or before June 1st |
| Minimum state tax | $400 | Owed regardless of income |
| Name reservation (optional) | $75 | 120 days |
| Change of registered agent | $50 | File a Certificate of Amendment strictly to change the registered agent or registered office |
| Amendment | $200 | |
| Certificate of good standing | $50 | |
| Certificate of Cancellation | $220 | |
| DBA / assumed name | $25 | state |
How Delaware compares nationally
- Delaware's filing fee of $110 is the 24th highest of 51 jurisdictions (median $104).
- Delaware's first-year government cost of $110 is the 23rd lowest of 51 jurisdictions (median $125).
- Delaware's yearly cost after that of $400 is the 4th highest of 51 jurisdictions (median $45).
See every state side by side in our LLC cost by state table.
File it yourself or use a service?
Filing directly with the Delaware Division of Corporations costs $110 and nothing else, but you'll need a registered agent with a Delaware street address, and that address goes on the public record. A formation service files for you and acts as your agent. Here's what that adds over three years, before Delaware's own fees:
| Route | Year one with Delaware fee | 3-year service fees |
|---|---|---|
| File yourself, be your own agent | $110 | $0 |
| Northwest | $149 | $289 |
| Bizee Basic | $110 | $298 |
Bizee vs Northwest, compared · All LLC services ranked
State taxes to plan for
No corporate income taxes on LLCs that do not conduct business within the state. Flat $400 franchise tax applies.
What's different about Delaware
- Heavy penalty for non-compliance
- Rigid requirement to pay franchise tax even in the year of dissolution
- Specialized Chancery Court for corporate law disputes
More Delaware LLC guides
Delaware LLC questions
How much does it cost to form an LLC in Delaware?
The Delaware Division of Corporations charges $110 to file the Certificate of Formation. Counting mandatory first-year items, expect about $110 in government fees (Formation fee).
How long does it take to form an LLC in Delaware?
Online: Fluctuates based on queue, call to confirm. By mail: Fluctuates based on queue. Expedited: Next Business Day $50 to $100, Same Day $100 to $200, Two-Hour $500, One-Hour $1,000.
Does a Delaware LLC have to file an annual report?
Yes. Delaware requires the Annual Franchise Tax, which costs $400, filed annual. Due: On or before June 1st. $200 penalty plus 1.5% interest per month on unpaid tax and penalty
Can I be my own registered agent in Delaware?
Yes. Physical Delaware street address required. Your agent's address becomes public record.
Does Delaware require publishing a notice for a new LLC?
No. Delaware has no newspaper publication requirement for LLCs, based on our latest check.
Is an operating agreement required in Delaware?
Not required to be written, oral or implied agreement is legally valid, nothing filed with state.
What taxes does a Delaware LLC pay to the state?
No corporate income taxes on LLCs that do not conduct business within the state. Flat $400 franchise tax applies.
Sources and verification
Last checked against official state sources on . States change fees with little notice, so confirm on the filing portal before you pay. How we verify.
Still being confirmed with the state: foreign.fee.