Is it cheaper to form an LLC in Delaware than Illinois?

Delaware's filing fee is lower ($110 vs $150), but that's not the full picture: operating in Illinois means also registering as a foreign LLC there ($150) and paying a Delaware registered agent. Realistic first-year cost is roughly $410 for the Delaware route versus $150 for forming in Illinois.

Can I form my Illinois business in Delaware?

Yes. Any Illinois business can form its LLC in Delaware. But if the business operates in Illinois, it must also register there as a foreign LLC ($150 filing fee) and maintain a registered agent in Delaware, so you take on two states' fees and filings instead of one.

Does Delaware have better asset protection than Illinois?

Delaware offers more formation privacy. It allows anonymous LLCs while Illinois doesn't. Core asset protection is similar, though: both states provide charging-order protection for LLC members. For most small businesses the practical difference is modest.

State Comparison

Illinois LLC vs Delaware LLC (2026)

Compare Illinois LLC vs Delaware 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

For most businesses, forming an LLC in Illinois beats Delaware. Illinois runs $225 in year one and $75/yr after; Delaware runs $510 and $400/yr. See the full breakdown below.

Verdict: Illinois wins for most businesses

For most Illinois-based businesses, forming locally in Illinois is the smarter choice. You avoid paying fees in two states and managing compliance in both. Delaware only makes sense if your business genuinely operates there or your investors require a Delaware entity, and even then the total costs deserve a hard look.

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Factor	Illinois	Delaware
Filing Fee	$150	$110
Processing Time	Not published by the state	Not published by the state
Annual Report Fee	$75	None ($400/yr entity tax instead)
Annual Report Due	Before 1st of anniversary month	None required
State Income Tax	Yes	Yes
Anonymous LLC	No	Yes
Publication Requirement	No	No
Foreign LLC Cost (if forming out-of-state)	N/A, you're in your home state	$150 + registered agent ~$150/yr

Full fee breakdown for either state: Illinois LLC cost and Delaware LLC cost.

Business Climate: Illinois vs Delaware

Factor	Illinois	Delaware
5-year business survival rate	55.6% (#3 of 51)	48.1% (#37 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+7.7% YoY (#7 of 51 by volume)	+2.5% YoY (#33 of 51 by volume)

Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)

See the full 50-state survival ranking.

Compare LLC Costs: Illinois vs Delaware

State A

State B

Illinois

✓ Cheaper Long-Term

Formation fee$150

Annual report fee$75

State entity taxNone

Report dueBefore 1st of anniversary month

Processing timeNot published by the state

Late penalty$100

Delaware

✓ Cheaper Upfront

Formation fee$110

Annual report feeNo report required

State entity tax$400/yr, Annual LLC Tax (alternative entity tax)

Report dueNone required

Processing timeNot published by the state

Late penaltyN/A

Total Cost

Illinois

Delaware

1 Year

$225

$510

3 Years

$375

$1,310

5 Years

$525

$2,110

Will you operate outside your home state?

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

Illinois charges $150 to form an LLC, while Delaware charges $110. Delaware is $40 cheaper upfront. The cost that usually gets overlooked: if you form in Delaware but operate in Illinois, you must also register as a foreign LLC in Illinois (a $150 filing) and maintain a registered agent in Delaware (typically around $150 per year). That puts the realistic first-year cost of the Delaware route at roughly $410, versus $150 for simply forming in Illinois. Speed isn't a basis for choosing between them: neither Illinois nor Delaware publishes a standard processing time, so any figure comparing the two is guesswork.

Taxes: Illinois vs Delaware

Both Illinois and Delaware 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 Delaware doesn't change what an Illinois-based owner pays. Illinois levies a flat 4.95% personal income tax. Delaware LLCs owe a flat $400 annual LLC tax (no report required).

Privacy & Asset Protection

Delaware allows anonymous LLC formation. Member and manager names don't appear on routine public filings. Delaware's Certificate of Formation requires no member or manager names, and LLCs file no annual report, so ownership never appears on a public filing. Illinois doesn't offer that same privacy. Illinois doesn't permit anonymous LLC formation; management is disclosed on public filings. 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. One important caveat: if you register your Delaware LLC as a foreign LLC in Illinois, that Illinois registration is itself a public record, which can undercut much of the privacy benefit for a business that operates in Illinois.

Annual Maintenance Costs

Illinois LLCs file an annual report ($75, due in the anniversary month), and Delaware LLCs file no annual report at all. If you form in Delaware while operating in Illinois, you maintain filings in both states, Delaware asks for no report, but Illinois still wants its equivalent for your foreign registration, and pay a Delaware registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the Delaware route to roughly $625 a year, versus about $75 to keep a domestic Illinois LLC in good standing. The tax inside those totals: Delaware LLCs owe a flat $400 annual LLC tax (no report required).

When Delaware Actually Makes Sense

Forming in Delaware makes sense in a few specific situations: you need anonymous ownership. Illinois puts owner or manager information on public filings and Delaware doesn't (usually via a holding company, since operating in Illinois still requires a public foreign registration there), you're raising venture capital or institutional investment. Many investors specifically prefer or require Delaware entities, your business genuinely operates in Delaware, with a real office, employees, or property there, or you're relocating to Delaware in the near future. For a typical small business based in Illinois, none of these usually apply. Registering a Delaware LLC to do business back home means $150 in Illinois foreign-registration fees, on top of Delaware's $110 formation fee, while Illinois's own annual report runs $75 a year and is due in the anniversary month. When in doubt, form where you actually do business.

Frequently Asked Questions

: Delaware's filing fee is lower ($110 vs $150), but that's not the full picture: operating in Illinois means also registering as a foreign LLC there ($150) and paying a Delaware registered agent. Realistic first-year cost is roughly $410 for the Delaware route versus $150 for forming in Illinois.
: Yes. Any Illinois business can form its LLC in Delaware. But if the business operates in Illinois, it must also register there as a foreign LLC ($150 filing fee) and maintain a registered agent in Delaware, so you take on two states' fees and filings instead of one.
: Delaware offers more formation privacy. It allows anonymous LLCs while Illinois doesn't. Core asset protection is similar, though: both states provide charging-order protection for LLC members. For most small businesses the practical difference is modest.
: Illinois, for most. Forming where you operate keeps costs and compliance simple. Delaware is worth considering only if you actually do business there, need its privacy structure, or have investor requirements that point there.
: Speed isn't a basis for choosing between them: neither Illinois nor Delaware publishes a standard processing time, so any figure comparing the two is guesswork. Only 19 of the 50 states publish anything about non-expedited turnaround at all. Whichever you pick, remember that forming in Delaware while operating in Illinois means you're not fully set up until the Illinois foreign registration is also processed, so the out-of-state route is rarely the faster path end to end. If your timing is genuinely fixed, buy the state's expedite tier rather than relying on a standard turnaround.

Comparison chart of forming an LLC in Illinois versus Delaware, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. On balance this guide favours Illinois. — Illinois and Delaware side by side on the factors that decide where to form. Source: MyStateLLC 50-state cost dataset, verified against each Secretary of State's published fee schedule, July 2026.

More State Comparisons

Illinois vs Florida →Illinois vs Georgia →Illinois vs Hawaii →Illinois vs Wyoming →Delaware vs Wyoming →

Illinois LLC Guide →Delaware LLC Guide →

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