What is different about forming an LLC in Delaware.
Every state runs its own filing office, its own fee schedule and its own ongoing obligations. These are the ones that apply in Delaware.
| Item | Amount | Detail |
|---|---|---|
| LLC filing fee | $110 | Paid to the state, at cost. File.Business charges $0 to prepare and file it. |
| Corporation, for comparison | $109 | |
| Nonprofit | $109 | |
| Professional LLC (PLLC) | $110 | |
| Series LLC | $110 | |
| Ongoing state report for an LLC | None | Delaware LLCs file no annual report. |
| Registering an out-of-state LLC here | $200 | A certificate of good standing from your home state is required. Filed on the Certificate of Registration of a Foreign Limited Liability Company for LLCs, Qualification of a Foreign Corporation for corporations. |
What the Delaware fee schedule actually says
Delaware LLCs, LPs and general partnerships file NO annual report at any price. They pay an annual tax of 400, due June 1, with a 200 penalty plus 1.5 percent monthly interest if late, and a registered series pays 100. Corporations do file an annual report, 50 for a non exempt domestic corporation and 25 for an exempt one, due March 1, and they pay franchise tax on top of it: a minimum of 175 under the authorised shares method or 400 under the assumed par value capital method, capped at 200,000 or at 250,000 for a Large Corporate Filer. The LLP statement of qualification fee of 300 is charged per partner.
Verified 2026-08-17 · against the agency's own fee schedule
What forming an LLC in Delaware actually involves.
Certificate of Formation
The Certificate of Formation is the founding Delaware document. We prepare and file with the SOS using your entity name, organizer info, RA, and member structure.
~10 day Delaware processing
Delaware SOS typically processes standard LLC filings in 10 business days. Expedited options available for an extra state fee (varies $25-$200).
Registered Agent included
Delaware requires every LLC to maintain a Registered Agent. RA service is included year one in every formation bundle.
EIN from the IRS
Your Delaware LLC needs a federal EIN for banking, taxes, and payroll. We file Form SS-4 with the IRS, typically 1-2 business days, faster than DIY filings.
Operating Agreement
Delaware doesn't require filing an Operating Agreement with the SOS, but every Delaware LLC needs one to define member rights, voting, profit splits, and dissolution rules. Included in Domestic Complete.
Year-one compliance
Forming the LLC is step one. Delaware requires ongoing compliance: $400 Annual Tax (June 1), state tax registrations, license renewals. Domestic Complete includes year-one AR AutoFile.
A clean handoff, in 6 steps.
Pick your Delaware LLC name
We check Delaware SOS name availability live. Your chosen name must include "LLC" or variant and not conflict with existing Delaware registrations.
Designate Registered Agent
Every Delaware LLC needs a RA with a physical Delaware address. We provide one (included year one) or you can designate your own.
Prepare Certificate of Formation
Member info, RA, principal office, management structure (member-managed vs manager-managed), effective date. We draft and review with you.
File with Delaware SOS
Submitted electronically with $110 state fee. 10-day standard processing. State-stamped Articles return to your BOS vault.
EIN + Operating Agreement
After SOS acceptance: IRS EIN application (1-2 days), Operating Agreement drafted, S-Corp election if requested (Form 2553).
Year-one compliance setup
Delaware LLC Annual Tax ($400) added to your calendar (due June 1). RA active. Compliance Score baseline established.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Certificate of Formation or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Do I need to live in Delaware to form an LLC there?
No. You do not need to live in Delaware or be a resident to form an LLC there. What Delaware requires is a registered agent with a physical in-state address to receive legal mail, which we provide, or you can act as your own if you have a Delaware address and are available in business hours. Where you live does not limit where you can form.
What is the difference between an LLC and a corporation in Delaware?
An LLC is simpler and pass-through: profit lands on your personal return and there is little required formality, which suits most owners in Delaware. A corporation is built to raise venture capital and issue stock, but it adds bylaws, a board, and annual meetings. If you plan to raise money, look at forming a corporation; otherwise the LLC-versus-corporation comparison lays out the tradeoffs.
Does Delaware require an Operating Agreement?
Delaware may not require you to file one, but you should have one. The Operating Agreement sets who owns what, who can sign, and what happens if an owner leaves, and it is the document that shows the LLC is a genuine separate entity, which protects your liability shield. Banks and lenders also ask for it. Generate one that fits your ownership with our Operating Agreement tool.
What about the EIN for my Delaware LLC?
The EIN is your business's federal tax ID, and you need it to open a bank account, hire, or file taxes. It is free from the IRS, and we obtain it for you the same day, including for founders without a Social Security Number. Keeping the EIN separate from your SSN also keeps your personal number off vendor and client paperwork. Start with our EIN guide.
Can a foreign person form a Delaware LLC?
Yes. You do not need to be a US citizen or resident to own or form a Delaware LLC, and you never have to set foot in the state. The one extra step is the EIN, which we obtain from the IRS for you when you have no Social Security Number, and that unlocks US banking and payment processing. Our EIN guide is the right starting point for international founders.
What ongoing compliance does a Delaware LLC require?
Forming is the start, not the finish. A Delaware LLC keeps a registered agent on record and pays the flat $400 annual tax by June 1 each year: Delaware LLCs file no annual report. Miss the tax and Delaware adds penalties ($200 plus interest) and strips good standing, ending the protection you formed it for. A compliance calendar keeps every date in view, and our subscription can file them for you.
Can I change my Delaware LLC name later?
Yes. If you outgrow the name or rebrand, you change it by filing Articles of Amendment with Delaware, which updates the official record; your EIN and entity stay the same. If you would rather keep the legal name and operate under a different public name, a DBA does that without a full amendment. We handle either the amendment or the DBA for you.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked. Or start by looking up any Delaware company on the state record.
Up a level, or across to the neighbors.
Form an LLC by state
The national explainer above this page: what changes between jurisdictions, and why.
Open the hub → SectionForm a business
Every formation route, each with a page per state.
Open the section → StateDelaware business filings
Every filing a business makes in Delaware, gathered on one page.
Open Delaware → In DelawareFamily LLC in Delaware
The family LLC, state by state
Read the guide → In DelawareAnonymous LLC in Delaware
The anonymous LLC, state by state
Read the guide → In DelawareForm a corporation in Delaware
Form a corporation, state by state
Read the guide → In DelawareHow to form a corporation in Delaware
How to form a corporation, state by state
Read the guide →