Delaware LLC vs South Carolina LLC (2026)
Compare Delaware LLC vs South Carolina LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.
By Edmond Hui · Last updated: August 13, 2026
Verdict: Delaware wins for most businesses
For most Delaware-based businesses, forming locally in Delaware is the smarter choice. You avoid paying fees in two states and managing compliance in both. South Carolina only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.
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| Factor | Delaware | South Carolina |
|---|---|---|
| Filing Fee | $110 | $110 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | None ($400/yr entity tax instead) | None |
| Annual Report Due | None required | None required |
| State Income Tax | Yes | Yes |
| Anonymous LLC | Yes | No |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $200 + registered agent ~$150/yr |
Full fee breakdown for either state: Delaware LLC cost and South Carolina LLC cost.
Business Climate: Delaware vs South Carolina
| Factor | Delaware | South Carolina |
|---|---|---|
| 5-year business survival rate | 48.1% (#37 of 51) | 55.9% (#2 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +2.5% YoY (#33 of 51 by volume) | +14.7% YoY (#19 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: Delaware vs South Carolina
Delaware
South Carolina
Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where a state requires publication, and any one-time registration charge a state requires before the LLC may trade. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Montana's annual report is free when filed by April 15 and $35 after, a waiver the Secretary of State applies at its discretion. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.
Filing Fees & Formation Costs
Delaware charges $110 to form an LLC, while South Carolina charges $110. The upfront filing fees are identical. The cost that usually gets overlooked: if you form in South Carolina but operate in Delaware, you must also register as a foreign LLC in Delaware (a $200 filing) and maintain a registered agent in South Carolina (typically around $150 per year). That puts the realistic first-year cost of the South Carolina route at roughly $460, versus $110 for simply forming in Delaware. Speed isn't a basis for choosing between them: neither Delaware nor South Carolina publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: Delaware vs South Carolina
Both Delaware and South Carolina levy a personal income tax on pass-through business income, and your LLC's profits will be taxed where you live and operate. Forming in South Carolina doesn't change what a Delaware-based owner pays. Delaware LLCs owe a flat $400 annual LLC tax (no report required).
Privacy & Asset Protection
Delaware, your home state, actually offers more formation privacy than South Carolina: Delaware allows anonymous LLC formation, while South Carolina requires owner or manager information on public filings. South Carolina requires managers to be listed on the Articles of Organization when the LLC is manager-managed, a public record. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal. From a privacy standpoint there's no reason for a Delaware-based business to form in South Carolina.
Annual Maintenance Costs
Delaware LLCs file no annual report at all, and South Carolina LLCs file no annual report at all. If you form in South Carolina while operating in Delaware, you maintain filings in both states, though neither state asks for a recurring report, and pay a South Carolina registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the South Carolina route to roughly $150 a year, versus about $400 to keep a domestic Delaware LLC in good standing. The tax inside those totals: Delaware LLCs owe a flat $400 annual LLC tax (no report required).
When South Carolina Actually Makes Sense
Forming in South Carolina makes sense in a few specific situations: your business genuinely operates in South Carolina, with a real office, employees, or property there, or you're relocating to South Carolina in the near future. For a typical small business based in Delaware, none of these usually apply. Registering a South Carolina LLC to do business back home means $200 in Delaware foreign-registration fees, on top of South Carolina's $110 formation fee, while Delaware itself never asks for an annual report at all. Delaware already allows anonymous formation, so the privacy argument for South Carolina doesn't apply to a Delaware-based owner. When in doubt, form where you actually do business.
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