Delaware LLC Filing Fees and Requirements
Forming an LLC in Delaware costs $90 in state filing fees. Learn what forms to file, what the annual franchise tax requires, and what else you'll need to stay in good standing.
Bizee Editorial Staff
Editorial Team
Delaware LLC filing fees at a glance
Filing fee: $90 (Certificate of Formation, standard filing)
Processing time: 3–5 business days standard; same-day or 24-hour expedited available for an additional fee
State agency: Delaware Division of Corporations
Annual report due: Annual franchise tax due June 1 each year
State tax rate: $300 flat annual franchise tax for LLCs
Delaware LLC filing fees and requirements overview
Forming an LLC in Delaware requires filing a Certificate of Formation with the Delaware Division of Corporations and paying a $90 state filing fee. Beyond formation, you'll need a registered agent, an Employer Identification Number (EIN), and a $300 annual franchise tax paid each June 1 to stay in good standing.
Delaware is one of the most popular states for LLC formation — not because it's the cheapest, but because its business laws are well-established and its courts are experienced with business disputes. That reputation matters more as your business grows.
Certificate of formation filing fee
To form an LLC in Delaware, you file a Certificate of Formation with the Delaware Division of Corporations. The standard state filing fee is $90. Delaware also offers expedited processing — same-day and 24-hour options are available for an additional fee, which makes Delaware one of the faster states when speed matters.
The Certificate of Formation requires your LLC's name, the name and address of your registered agent in Delaware, and the signature of an authorized person. It does not require you to list members or managers.
Registered agent requirement
Every Delaware LLC must have a registered agent with a physical street address in Delaware. The registered agent receives official legal and government correspondence on behalf of your LLC — things like service of process and state notices.
If you don't have a Delaware address, you'll need to hire a registered agent service. This is one of the most common reasons out-of-state business owners use a formation platform — the registered agent requirement is built into the process from day one.
Annual franchise tax and deadline
Delaware LLCs pay a flat $300 annual franchise tax to the Delaware Division of Corporations. It's due every year by June 1. There's no annual report form to file — the franchise tax payment itself is the annual requirement for LLCs.
Missing the June 1 deadline means a $200 penalty plus interest on the unpaid balance. The state can also put your LLC in bad standing, which can block you from getting a Certificate of Good Standing — something lenders and partners often ask for.
Employer Identification Number
An Employer Identification Number (EIN) is a federal tax ID issued by the IRS. You'll need one to open a business bank account, file federal taxes, and hire employees. Single-member LLCs with no employees can use a Social Security number in some cases, but an EIN keeps your personal number off business documents.
You can apply for an EIN for free at irs.gov. The online application takes about 10 minutes and issues your EIN immediately.
Business licenses and permits
Most businesses operating in Delaware need a Delaware Business License, issued by the Delaware Division of Revenue. The fee varies by business type and revenue. Beyond the state license, your LLC may also need local permits depending on where you operate and what your business does.
Federal licenses apply to certain regulated industries — things like food service, firearms, or financial services. What you need depends on your specific business activity, so check with the relevant state and federal agencies for your industry.
Operating agreement
Delaware does not require LLCs to have an operating agreement, but having one is worth the effort. An operating agreement sets out how your LLC is owned, how decisions get made, and how profits are split. Without one, Delaware's default LLC rules govern your business — and those defaults may not match what you actually want.
For single-member LLCs, an operating agreement also helps reinforce that your business is a separate legal entity, which matters if your liability protection is ever questioned.
Foreign LLC registration
If your LLC is formed in Delaware but you do business in another state, that other state may require you to register as a foreign LLC. This means filing a Certificate of Authority (or equivalent) with that state and paying its registration fee. You'll also need a registered agent in that state.
The reverse is also true: if your LLC is formed in another state and you want to do business in Delaware, you'll need to register as a foreign LLC with the Delaware Division of Corporations.
Other potential fees
Beyond the formation fee and annual franchise tax, your Delaware LLC may run into other costs over time. These aren't required for every business, but they come up often enough to plan for.
- Name reservation: $75 to reserve your LLC name before filing
- Certificate of Good Standing: $50, often required by banks and lenders
- Certified copy of formation documents: $50 plus $2 per page
- Amendment to Certificate of Formation: $200 to update your LLC's name or registered agent
- Reinstatement fee: required if your LLC falls out of good standing due to unpaid franchise tax
FAQ
The minimum cost to form an LLC in Delaware is $90 — that's the state filing fee for the Certificate of Formation paid to the Delaware Division of Corporations. If you want expedited processing, same-day filing costs more. After formation, plan for the $300 annual franchise tax due every June 1.
Additional costs depend on your situation: a registered agent service if you don't have a Delaware address, a Delaware Business License from the Division of Revenue, and any local permits your business activity requires.
It's a flat $300 fee that every Delaware LLC pays each year to the Delaware Division of Corporations. It's due by June 1. Missing the deadline triggers a $200 penalty plus interest, and your LLC can be placed in bad standing until the balance is paid.
No. Delaware LLCs don't file an annual report. The annual requirement for LLCs is the $300 franchise tax payment, due June 1 each year. Delaware corporations have a separate annual report requirement, but LLCs are not subject to it.
Yes. Every Delaware LLC must have a registered agent with a physical street address in Delaware. The registered agent receives legal notices and official state correspondence on your LLC's behalf. If you don't have a Delaware address, you'll need to hire a registered agent service.
We charge you the $90 state filing fee at cost and pay it directly to the Delaware Division of Corporations on your behalf when we file your Certificate of Formation. You're never charged more than the actual state fee — there's no markup on the state portion.
It depends on your business type and location. Most businesses operating in Delaware need a Delaware Business License from the Delaware Division of Revenue. Some industries also require additional state or federal licenses. Local permits may apply depending on your city or county. Check with the Delaware Division of Revenue and your local government for the requirements specific to your business.
Yes. You can file the Certificate of Formation directly with the Delaware Division of Corporations online or by mail and pay the $90 state fee yourself. The form is straightforward — you need your LLC name, your registered agent's name and Delaware address, and a signature. If you'd rather not handle the filing yourself, a formation platform can do it for you for $0 plus the state fee.
It depends on where you actually do business. If you operate outside Delaware, you'll likely need to register as a foreign LLC in your home state — which means paying two sets of fees and maintaining two registered agents. For most small businesses that operate in a single state, forming in that state is simpler and cheaper than forming in Delaware.
Delaware's legal and court advantages matter most for businesses that raise outside investment or anticipate complex ownership structures. For a straightforward small business, the extra cost of dual registration often outweighs the benefits.
