Delaware LLC cost at a glance
| Cost | Delaware amount |
|---|---|
| Cost to form | $110 |
| Annual tax (no annual report) | $400 flat |
| When it is due | On or before 1 June every year |
| State tax on the LLC | $400 annual LLC tax. No Delaware income tax on out-of-state LLC activity |
| First-year state fees (minimum) | $110 |
| Yearly state fees after that (minimum) | $400 |
| Registered agent | Required. Free if you act as your own; commercial services charge a yearly fee |
| EIN from the IRS | $0 |
Fees verified October 2026 against the Delaware Division of Corporations and other official Delaware sources listed at the end of this page.
How much does it cost to form an LLC in Delaware?
The Delaware Division of Corporations charges $110 to file a Certificate of Formation. That figure comes from the fee schedule revised on 1 August 2026.
Delaware sells speed at a premium. 24-hour processing costs $50 extra, same-day $100, two-hour $500 and one-hour $1,000. A name reservation costs $75 and holds the name for 120 days.
Our walkthrough on how to file articles of organization in Delaware covers the form field by field.
How much does a Delaware LLC cost every year?
Every Delaware LLC pays a flat $400 annual tax by 1 June. There is no annual report to file and no information to update, but the tax applies whether the LLC earned money, traded at all or held only a bank account.
The tax is fixed in the Delaware Code at 6 Del. C. 18-1107(b). Delaware’s own how-to-form page still shows the older $300 figure, which is why so many sites repeat it. The statute and the Division’s tax instructions both state $400.
Over three years a Delaware LLC pays $910 in state fees at the minimum, against $220 in Wyoming and $50 in New Mexico. Founders choose Delaware for its courts and investor familiarity, not its price.
What does a Delaware LLC cost over the first three years?
The table below adds up the state fees a Delaware LLC pays in its first three years, using the minimum amounts Delaware charges. The second column adds the BusinessAnywhere registered agent service, which is free for the first year and $147 a year after that.
| Year | State fees only | With a registered agent service |
|---|---|---|
| Year 1 | $110 | $110 |
| Year 2 | $400 | $547 |
| Year 3 | $400 | $547 |
| Three-year total | $910 | $1,204 |
Does Delaware charge a franchise tax or income tax on LLCs?
Delaware’s $400 annual LLC tax is a flat franchise-style charge, not an income tax. It does not change with revenue or profit.
An LLC that does no business in Delaware owes no Delaware income tax. Delaware taxes income earned in Delaware, and an LLC formed there but operated from elsewhere pays income tax where its members and operations are. An LLC that operates in another state also registers there as a foreign LLC and pays that state’s fees.
How much does a registered agent cost in Delaware?
Every Delaware LLC must name a registered agent with a physical street address in Delaware. Acting as your own agent costs nothing, but your address goes on the public record and you must be available at that address during business hours. Commercial registered agent services charge a yearly fee for the same role.
The BusinessAnywhere registered agent service is free for the first year and $147 a year after that, with every document scanned to your online dashboard the day it arrives.
See whether BusinessAnywhere can be your registered agent in Delaware for the state-specific details.
If you are weighing the free option, read can I be my own registered agent first.
Does a Delaware LLC need an EIN, and what does it cost?
An EIN costs nothing when you apply directly with the IRS. A Delaware LLC needs one to hire employees, to open a business bank account and whenever it has more than one member. US residents with an SSN or ITIN apply through the IRS online EIN application and receive the number at the end of the session.
Founders outside the United States cannot use the online tool. They apply by phone, fax or post with IRS Form SS-4, and do not need an SSN to do it. The BusinessAnywhere EIN application service handles that process for $97. Our guide on how to obtain an EIN for your LLC covers both routes.
What other Delaware LLC fees should you budget for?
These fees apply only when you need the service. They are the Delaware state charges as of October 2026.
| Item | Fee | Notes |
|---|---|---|
| Name reservation | $75 for 120 days | |
| Expedited filing | $50 for 24-hour, $100 same day, $500 two-hour, $1,000 one-hour | Formation filings. |
| Certificate of good standing | $50 short form, $175 long form | |
| Certified copy | $50 per document plus $2 per page | |
| Amending the articles | $220 | |
| DBA (assumed or trade name) | $25 | Trade name certificate with the Division of Revenue. |
| Changing registered agent | $50 | |
| Foreign LLC registration | $200 | The $400 annual tax applies to foreign LLCs too. |
| Reinstatement after dissolution | $220 | Certificate of Revival, plus unpaid taxes, penalties and interest. |
An operating agreement carries no state fee in Delaware, and Delaware does not collect it, but every LLC should have one to set out ownership and decision rights. BusinessAnywhere sells an operating agreement template for $97.
What happens if you miss a Delaware LLC deadline?
Paying after 1 June adds a $200 penalty plus 1.5% interest a month on the tax and penalty. There is no proration: an LLC formed in December still owes the full $400 for its first year.
If the tax stays unpaid for three years, Delaware cancels the Certificate of Formation. Reviving a cancelled LLC costs $220 plus every unpaid tax, penalty and interest charge.
If you intend to close the business, file formally instead of letting it lapse. Our guide on how to dissolve an LLC in Delaware sets out the steps.
How does Delaware compare with other states?
Delaware is cheap to form and expensive to keep. Its $110 formation fee is close to the national median, but its $400 annual tax is among the highest recurring charges in the country, more than six times Wyoming’s $60 minimum.
| State | Formation fee | Yearly state fees (minimum) | What drives the cost |
|---|---|---|---|
| Delaware | $110 | $400 | $400 flat annual tax due 1 June |
| Wyoming LLC cost | $100 | $60 | $60 minimum license tax, no income tax |
| Nevada LLC cost | $425 | $350 | $200 business license every year |
| New Mexico LLC cost | $50 | $0 | No annual report, no franchise tax |
| Texas LLC cost | $300 | $0 | $300 to form, $0 yearly under $2.65M revenue |
For all 51 jurisdictions side by side, see our full table of LLC cost by state.
How to form a Delaware LLC for $0 plus state fees
BusinessAnywhere files your Delaware LLC for $0 plus the $110 state fee. The filing comes with a free first year of registered agent service, so your first-year cost is the state fee and nothing else.
- Formation: $0 service fee plus the Delaware filing fee.
- Registered agent: free for the first year, then $147 a year.
- EIN application: $97, with no SSN required for non-US founders.
- Compliance reminders: every Delaware deadline on this page tracked in your dashboard.
- Virtual mailbox: a US street address with mail scanning, from $20 a month.
Start with our LLC formation service, or read the full guide on how to start an LLC in Delaware first.
Delaware LLC cost FAQs
How much does a Delaware LLC cost?
A Delaware LLC costs $110 to form and $400 a year after that. The $400 is the flat annual LLC tax due by 1 June.
Is the Delaware LLC tax $300 or $400?
It is $400. The Delaware Code (6 Del. C. 18-1107) and the Division of Corporations’ tax instructions both set it at $400. The $300 figure is out of date.
Does a Delaware LLC file an annual report?
No. Delaware LLCs file no annual report. They pay the $400 annual tax instead, due on or before 1 June.
What is the penalty for paying the Delaware LLC tax late?
A $200 penalty plus 1.5% interest a month on the unpaid tax and penalty. After three years of non-payment, Delaware cancels the LLC.
Do I pay Delaware income tax if I do not operate in Delaware?
No. A Delaware LLC that earns no income in Delaware owes no Delaware income tax. It still owes the $400 annual tax.
How much does a Delaware LLC cost over three years?
At the minimum, $910 in state fees: $110 in year one and $400 in each of the next two years. With a commercial registered agent from year two at $147 a year, the total is $1,204.
Sources
- Delaware Division of Corporations, fee schedule (August 2026)
- Delaware Division of Corporations, LLC tax instructions
- Delaware Code Title 6, Chapter 18, Subchapter XI
- Official Delaware source: DBA (assumed or trade name) fee
Fees change. Every figure on this page was checked against the official source in October 2026. Confirm the current amount with the Delaware Division of Corporations before you file.
