Florida LLC vs Delaware LLC (2026)
Compare Florida LLC vs Delaware LLC — filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.
| Factor | Florida | Delaware |
|---|---|---|
| Filing Fee | $125 | $90 |
| Processing Time | 3 day(s) | 7 day(s) |
| Annual Report Fee | $138 | $300 |
| Annual Report Due | May 1 | June 1 |
| State Income Tax | No | No (on LLC income) |
| Anonymous LLC | No | Yes |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A — you're in your home state | ~$225 + registered agent ~$150/yr |
Verdict: Florida wins for most businesses
For most Florida-based small businesses, forming in Florida is the smarter choice due to lower total costs and simpler compliance. Delaware only makes sense if you need anonymous ownership, have investors requiring it, or plan to go public.
Filing Fees & Formation Costs
While Delaware's $90 filing fee is $35 less than Florida's $125, this advantage disappears when you factor in the required foreign LLC registration in Florida (approximately $225). Florida-based businesses that form in Delaware end up paying around $315 upfront versus $125 for a straight Florida LLC. The Delaware route also requires hiring a registered agent in Delaware, adding $100-200 annually to your costs.
Taxes: Florida vs Delaware
Both Florida and Delaware don't impose state income tax on LLC profits, making them equally tax-friendly for pass-through taxation. However, Delaware charges a $300 annual franchise tax while Florida's annual report fee is only $138. Delaware also has a gross receipts tax that can apply to larger LLCs, while Florida has no equivalent tax for LLCs.
Privacy & Asset Protection
Delaware offers superior privacy protection, allowing anonymous LLC formation without disclosing member names publicly. Florida requires disclosure of member names on public filings, offering less privacy protection. Both states provide strong charging order protection for LLCs, but Delaware's more developed case law gives it a slight edge in asset protection for sophisticated structures.
Annual Maintenance Costs
Florida LLCs pay $138 annually in report fees, while Delaware LLCs pay $300 in franchise tax plus registered agent fees of $100-200 per year. If you form in Delaware but operate in Florida, you'll also need to maintain good standing in both states. The total annual cost for a Delaware LLC operating in Florida typically runs $450-650 versus $138 for a Florida LLC.
When Delaware Actually Makes Sense
Delaware is worth considering if you need anonymous ownership for privacy reasons, have investors who specifically require Delaware incorporation, or plan to raise venture capital or go public eventually. Delaware's extensive business case law and Court of Chancery also benefit complex business structures or those expecting sophisticated legal disputes. For simple small businesses without these needs, Florida offers better value.