The premier jurisdiction for business formation—discover why Delaware is chosen by more than 67% of Fortune 500 companies.
$390 minimum first year: $90 Certificate of Formation + $300 annual franchise tax. Add ~$100-150/year for a registered agent.
Same day to 2 weeks. Standard processing: 3-5 business days. 24-hour expedite: $50-100. Same-day: $100-500.
No. As of March 2025, all U.S.-formed entities are exempt from Beneficial Ownership Information reporting.
June 1 every year. $300 flat tax for LLCs. No annual report required. Late penalty: $200 + 1.5%/month interest.
Only a registered agent. You can live anywhere. The registered agent receives legal documents on your behalf.
Yes. Delaware doesn't require member names in formation documents. Only the registered agent is public.
Business-friendly laws: Flexible LLC structure, no minimum capital requirement, series LLC option. Court of Chancery: Specialized business court with predictable case law. Privacy: Member/manager names not publicly disclosed. No gross receipts tax: Unlike California, Delaware doesn't tax LLC revenue.
If you form a Delaware LLC but conduct business in California (or any other state), you must foreign qualify in that state. This means paying BOTH Delaware's $300/year AND California's $800/year, plus maintaining dual compliance. Only form in Delaware if you genuinely benefit from Delaware law—not just for the "prestige."
Search DE Division of Corporations database • Must include "LLC" or "L.L.C." • Check domain availability
DE physical address required • Available during business hours • Commercial service recommended for privacy
Online via Delaware Division of Corporations • $90 standard (2-3 weeks) • Expedited options available
Free via IRS.gov • Immediate issuance for SSN holders • 4-6 weeks via mail/fax for international owners
Internal governance document • Not filed with state • Essential for liability protection and banking
Register in states where you're "doing business" • Hire registered agent in each state • File annually in each
$300 tax due June 1 annually • No annual report required • Pay online • $200 late penalty + 1.5%/month interest
Unlike California's LLC fee on gross receipts ($900-$11,790 for LLCs earning $250K+), Delaware charges a flat $300 annual tax regardless of revenue. A Delaware LLC with $5M revenue pays the same $300 as one with $50K revenue. This makes Delaware significantly more cost-effective for high-revenue businesses with no Delaware operations.
The Operating Agreement is the most important document for your LLC—yet Delaware doesn't require you to file it. This is intentional: it keeps your internal governance private. But you absolutely need one, especially for multi-member LLCs. It defines profit splits, voting rights, and what happens if a member leaves. I've seen too many disputes that could have been avoided with a proper Operating Agreement.
Create a customized DE LLC Operating Agreement
Download deadline reminders for your calendar
Official form from Division of Corporations
Apply for your Tax ID number (free)
Create a customized, Delaware-specific Operating Agreement with live preview, Series LLC support, and instant Word download.
Answer 6 quick questions to get a personalized recommendation
Compare annual costs: Delaware-only vs. Delaware + home state foreign qualification
| Feature | Delaware | California | Wyoming | Nevada |
|---|---|---|---|---|
| Formation Fee | $90 | $70 | $100 | $425 |
| Annual Tax/Fee | $300 | $800 + LLC fee | $60 | $350 + $200 filing |
| Annual Report | None required | Biennial ($20) | Yes ($60) | Yes ($150) |
| Member Privacy | ✅ Full | ❌ Public | ✅ Full | ✅ Full |
| Gross Receipts Tax | ❌ None | ✅ Yes ($250K+) | ❌ None | ❌ None |
| Series LLC | ✅ Yes | ❌ No | ❌ No | ✅ Yes |
| Business Court | ✅ Chancery | General courts | General courts | General courts |
| Amendment Fee | $200 | $30 | $60 | $175 |
"Delaware LLCs don't pay any taxes—that's why everyone forms there."
Delaware LLCs pay a mandatory $300/year franchise tax. If you operate in another state, you'll also owe taxes there. The "no tax" myth only applies to LLCs with no Delaware operations and pass-through taxation.
"If I form in Delaware, I don't need to register in my home state."
If you conduct business in any state, you must "foreign qualify" there—meaning you register and pay that state's fees too. A CA resident with a DE LLC still pays CA's $800/year minimum.
"Delaware requires annual reports like other states."
Delaware LLCs do NOT file annual reports. You simply pay the $300 franchise tax by June 1 each year. Corporations file annual reports, but LLCs only pay the tax—one less compliance burden.
"Every business should form a Delaware LLC because it's the best."
Delaware is ideal for multi-state ops, VC funding, Series LLCs, and privacy. But a local restaurant or single-state freelancer gains nothing and pays double fees. The "best" state depends entirely on your specific situation.
"The Court of Chancery makes Delaware better for all lawsuits."
The Court of Chancery handles business disputes between owners, not customer lawsuits. If someone sues your LLC for injury, it goes to regular court in the state where it happened—not Delaware.
Tax treatment, liability protection, and management structures compared.
Isolate assets across series without forming multiple entities.
Privacy, costs, and benefits compared for both states.
Nexus rules, registration process, and avoiding penalties.
Attorney-prepared Delaware LLC with personalized guidance. State filing fees included in all packages.
Delaware state filing fees (Certificate of Formation), registered agent service for one year, EIN acquisition, and professional document preparation. Formation in standard-fee states (DE, CA, WY, SC) at base price. Premium-fee states (TX, MA, NV, NY, IL, TN) require additional fee to cover higher state costs.
Delaware's $300 annual franchise tax (due June 1 annually) is an ongoing state obligation you'll pay directly to Delaware after formation. Note: Delaware LLCs do NOT file annual reports—only the franchise tax is required. Foreign qualification fees in other states (if applicable) are also separate. These are NOT part of my attorney fees.
Best for single-owner businesses or simple partnerships using standard templates with basic information inserted.
Perfect for most businesses requiring customized founding documents with professional guidance on entity type, state selection, and taxation.
Ideal for complex business structures requiring sophisticated legal frameworks, Series LLCs, multiple owners, investors, or specialized provisions.
Ready to form your Delaware LLC? Let's discuss your business needs.
Sergei Tokmakov, Esq.
Book a 30-minute video call to discuss your Delaware LLC formation