How much does it cost to start an LLC in Delaware?

Your total first-year cost reaches $510 when you add the $400 annual LLC tax due by June 1. For example, if you form your LLC in January 2026, budget for the $400 annual LLC tax payment by June 1, 2027, just five months into your first year. Additional costs may include a registered agent service and optional expedited processing, which is available for an additional $50. Delaware does not tax a nonresident member's share of LLC income earned outside Delaware, which is part of its appeal to out-of-state owners, though Delaware residents pay Delaware personal income tax on their share. Exception: professional LLCs serving licensed professions must obtain the applicable state professional license before beginning operations. File your Certificate of Formation at corp.delaware. The Delaware Division of Corporations publishes no standard processing time for this filing.

Do I need to live in Delaware to form a Delaware LLC?

No, you don't need to be a Delaware resident or even a U.S. citizen to form a Delaware LLC. The Delaware Division of Corporations allows individuals and entities from any state or country to file a Certificate of Formation and establish a Delaware LLC. However, you must designate a registered agent with a physical Delaware street address who can receive legal documents during business hours. For example, a California entrepreneur can form a Delaware LLC and operate their business entirely from California while using a Delaware registered agent service. Exception: if your Delaware LLC actively conducts business in another state, you may need to register as a foreign LLC in that state, which adds filing fees and compliance requirements. Professional registered agent services in Delaware charge a yearly fee that varies by provider. Delaware has no fill-in online form, but a completed Certificate of Formation can be uploaded electronically.

Does a Delaware LLC file an annual report?

No. Unlike Delaware corporations, LLCs file no annual report with the Division of Corporations at all. The Division's own guidance is that LLCs, LPs and GPs aren't required to file Annual Franchise Tax reports. What a Delaware LLC owes instead is a flat annual LLC tax, payable on or before June 1 each year. Delaware legislation raised that tax from $300 to $400 with effect from 1 January 2026, so the tax for calendar year 2026 is $400. For example, an LLC formed in October 2026 makes its first $400 payment by June 1, 2027. Late payment adds a $200 penalty plus interest on the unpaid tax. Exception: the tax is flat and owed regardless of income, assets or activity. There's no exemption for a dormant Delaware LLC, and the certificate of formation is cancelled if the tax goes unpaid. Pay online at corp.delaware.gov.

How long does Delaware LLC formation take?

Delaware publishes no standard processing time for Certificate of Formation, so nobody can honestly quote you one. Delaware publishes no standard turnaround, stating only that "processing times may vary during our busy season, as they are based upon the volume of items received." Same Day requests must be received before 2:00 pm ET; Next Day and 2-hour requests by 7:00 pm ET; 1-hour requests by 9:00 pm ET. These expedite fees are from the schedule revised August 1, 2024 and sit at the old statutory caps, new Delaware legislation raises those caps effective August 1, 2026 (see warnings). What the Delaware Division of Corporations does publish is a price for speed: $50 for 24-hour / Next Day, $100 for Same Day, and $500 for 2-hour (Priority 2). Those are firm commitments, and they are the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for Delaware as unsourced.

Does Delaware have publication requirements for new LLCs?

No, Delaware doesn't require LLCs to publish a formation notice in any newspaper. Once the Delaware Division of Corporations approves your Certificate of Formation, your LLC is legally established and ready to operate without any additional publication step. This is a significant advantage over states like New York, which mandate newspaper publication at rates the newspapers set. Arizona requires a newspaper notice of a new LLC's formation, run three consecutive times within 60 days, unless the LLC's statutory agent has a street address in a county of more than 800,000 people (currently Maricopa and Pima Counties), where the Arizona Corporation Commission posts the notice online for free. For example, a Delaware LLC formed on a Monday can be fully operational by the following Wednesday with no publication costs incurred. Exception: if your Delaware LLC is also registered as a foreign LLC in another state that does require publication, such as New York, you must fulfill that state's publication requirement for the foreign registration. Confirm the rules in any state where you conduct business. File your formation documents at corp.delaware.gov to get started.

What are the ongoing compliance requirements for Delaware LLCs?

Delaware LLCs have two core ongoing compliance obligations: paying the flat $400 annual LLC tax by June 1 each year, and maintaining a registered agent with a physical Delaware address at all times. There's no annual report to file (that requirement applies to Delaware corporations, not LLCs) so the June 1 payment is the whole of the Division of Corporations filing burden. For example, missing the June 1 deadline triggers a $200 late penalty plus interest, which compounds over time. Exception: Delaware LLCs that elect to be taxed as corporations face additional federal and potentially state corporate tax filing requirements, consult a tax professional if you're considering a corporate tax election. There are no mandatory annual meetings, no member reporting requirements and no annual report. Pay your annual LLC tax online at corp.delaware.gov each year before June 1 to keep your LLC in good standing.

How to Start an LLC in Delaware: Your Complete 2026 Guide

Form your Delaware LLC with our step-by-step guide covering all state requirements and fees.

By Edmond Hui · Last updated: October 2026

Filing an LLC in Delaware costs $110 upfront and has no annual report fee. Delaware publishes no standard processing time. See breakdown below.

Delaware publishes no LLC processing time, and it requires no annual report either, so neither of the two dates a founder plans around is one the state fixes

The Delaware Division of Corporations sells speed instead of promising it: $50 for 24-hour / Next Day, $100 for Same Day, and $500 for 2-hour (Priority 2). Treat any specific day count you see quoted for Delaware with suspicion. It didn't come from the state. Plan around the filing itself, and buy an expedite tier if your timing is genuinely fixed.

Source: MyStateLLC 50-state primary-source processing verification, July 2026

Read this guide for another state:

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Form your LLC with Northwest ($39 + state fee)Includes a year of registered agent service. After year one, registered agent service is $125/yr. That also enrolls you by default in Northwest's renewal service, which charges your saved payment method $100, plus any state fee or tax it pays for you, each time it handles a state filing for you, cancellable any time.

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Quick Facts

State filing fee	$110
Processing time	Not published by the state
Annual report due	None required
Annual report fee	$0
State income tax	No entity-level income tax; members pay Delaware personal income tax as residents, or on Delaware-source income. Every Delaware LLC also owes a flat $400 annual tax

Source: Delaware Division of Corporations (verified July 2026)

Step diagram for forming an LLC in Delaware, showing the 7 required steps, $110 state filing fee, $0 annual report. — The 7 steps to form an LLC in Delaware, with the state's own filing fee and annual report cost. Source: Delaware Division of Corporations, verified July 2026.

How to Form an LLC: Step-by-Step

1
Choose Your Delaware LLC Name
Select a unique name ending with 'LLC' or 'Limited Liability Company'. Check availability using Delaware's Division of Corporations name search tool. Your name can't be confusingly similar to existing Delaware entities.
How to search Delaware's business entity records →
Pro tip: Reserve your name for $75 if you need time to gather documents before filing.
2
Appoint a Delaware Registered Agent
Designate someone with a Delaware street address to receive legal documents. This can be yourself, a Delaware resident, or a professional registered agent service. The agent must be available during business hours.
Delaware registered agent rules, costs and options →
Pro tip: Professional agents provide privacy by keeping your home address off public records.
3
File Certificate of Formation
Submit your Certificate of Formation to the Delaware Division of Corporations with the $110 filing fee. Include your LLC name, registered agent information, and organizer details.
What You File in Delaware
In Delaware, the formation document is the Certificate of Formation, filed with the Delaware Department of State, Division of Corporations. The state filing fee is $110. Delaware has no fill-in online form, but a completed Certificate of Formation can be uploaded electronically. The form itself requires the LLC's name, the registered agent's name, the registered office address and the organizer's name. Every line of the Certificate of Formation, field by field →
Processing Times
- Online: Not published, Delaware Division of Corporations states no standard turnaround for online filings
- Mail: Not published, Delaware Division of Corporations states no standard turnaround for mailed filings, and every state that comments says mail is slower than online
- Expedited: $50 for 24-hour / Next Day, $100 for Same Day, $500 for 2-hour (Priority 2), and $1,000 for 1-hour (Priority 1)
Pro tip: Same-day processing is available for an additional $50 if you need faster approval.
4
Create an Operating Agreement
Draft an operating agreement outlining ownership structure, member responsibilities, and business procedures. Delaware law requires every LLC to have an LLC agreement, which may be written, oral or implied. A written one helps prevent disputes.
Delaware LLC operating agreement: what to include →
Pro tip: Even single-member LLCs benefit from operating agreements to maintain separation between personal and business assets.
5
Obtain an EIN from the IRS
Apply for an Employer Identification Number online at IRS.gov. This free process takes about 15 minutes and gives you the tax ID number most banks ask for when you open a business account.
How to get your LLC's EIN from the IRS, free →
Pro tip: Apply for your EIN immediately after state approval to avoid delays in opening business accounts.
6
Open a Business Bank Account
Separate your business and personal finances by opening a dedicated business bank account. Bring your Certificate of Formation, EIN confirmation letter, and operating agreement to the bank.
Business bank accounts for Delaware LLCs →
Pro tip: Shop around for business accounts with low fees and good online banking features for managing your LLC finances.
7
Get Required Business Licenses
Research federal, state, and local licensing requirements for your specific business type. Many Delaware LLCs need additional permits beyond the basic formation documents. Check with Delaware's One Stop Business Registration portal.
Does your Delaware LLC need a business license? →

Watch: How to Start an LLC in Delaware (2026): Step-by-Step Guide

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each Secretary of State publishes for forming an LLC, with the sources this page cites. It cannot tell you what your own filing needs: fees and forms change between our reviews, several occupations cannot use an ordinary LLC at all and must use a professional entity, and your city or county may require a registration of its own. Confirm the current fee and form with the filing office named on this page before you send anything.

Frequently Asked Questions

: Your total first-year cost reaches $510 when you add the $400 annual LLC tax due by June 1. For example, if you form your LLC in January 2026, budget for the $400 annual LLC tax payment by June 1, 2027, just five months into your first year. Additional costs may include a registered agent service and optional expedited processing, which is available for an additional $50. Delaware does not tax a nonresident member's share of LLC income earned outside Delaware, which is part of its appeal to out-of-state owners, though Delaware residents pay Delaware personal income tax on their share. Exception: professional LLCs serving licensed professions must obtain the applicable state professional license before beginning operations. File your Certificate of Formation at corp.delaware. The Delaware Division of Corporations publishes no standard processing time for this filing.
: No, you don't need to be a Delaware resident or even a U.S. citizen to form a Delaware LLC. The Delaware Division of Corporations allows individuals and entities from any state or country to file a Certificate of Formation and establish a Delaware LLC. However, you must designate a registered agent with a physical Delaware street address who can receive legal documents during business hours. For example, a California entrepreneur can form a Delaware LLC and operate their business entirely from California while using a Delaware registered agent service. Exception: if your Delaware LLC actively conducts business in another state, you may need to register as a foreign LLC in that state, which adds filing fees and compliance requirements. Professional registered agent services in Delaware charge a yearly fee that varies by provider. Delaware has no fill-in online form, but a completed Certificate of Formation can be uploaded electronically.
: No. Unlike Delaware corporations, LLCs file no annual report with the Division of Corporations at all. The Division's own guidance is that LLCs, LPs and GPs aren't required to file Annual Franchise Tax reports. What a Delaware LLC owes instead is a flat annual LLC tax, payable on or before June 1 each year. Delaware legislation raised that tax from $300 to $400 with effect from 1 January 2026, so the tax for calendar year 2026 is $400. For example, an LLC formed in October 2026 makes its first $400 payment by June 1, 2027. Late payment adds a $200 penalty plus interest on the unpaid tax. Exception: the tax is flat and owed regardless of income, assets or activity. There's no exemption for a dormant Delaware LLC, and the certificate of formation is cancelled if the tax goes unpaid. Pay online at corp.delaware.gov.
: Delaware publishes no standard processing time for Certificate of Formation, so nobody can honestly quote you one. Delaware publishes no standard turnaround, stating only that "processing times may vary during our busy season, as they are based upon the volume of items received." Same Day requests must be received before 2:00 pm ET; Next Day and 2-hour requests by 7:00 pm ET; 1-hour requests by 9:00 pm ET. These expedite fees are from the schedule revised August 1, 2024 and sit at the old statutory caps, new Delaware legislation raises those caps effective August 1, 2026 (see warnings). What the Delaware Division of Corporations does publish is a price for speed: $50 for 24-hour / Next Day, $100 for Same Day, and $500 for 2-hour (Priority 2). Those are firm commitments, and they are the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for Delaware as unsourced.
: No, Delaware doesn't require LLCs to publish a formation notice in any newspaper. Once the Delaware Division of Corporations approves your Certificate of Formation, your LLC is legally established and ready to operate without any additional publication step. This is a significant advantage over states like New York, which mandate newspaper publication at rates the newspapers set. Arizona requires a newspaper notice of a new LLC's formation, run three consecutive times within 60 days, unless the LLC's statutory agent has a street address in a county of more than 800,000 people (currently Maricopa and Pima Counties), where the Arizona Corporation Commission posts the notice online for free. For example, a Delaware LLC formed on a Monday can be fully operational by the following Wednesday with no publication costs incurred. Exception: if your Delaware LLC is also registered as a foreign LLC in another state that does require publication, such as New York, you must fulfill that state's publication requirement for the foreign registration. Confirm the rules in any state where you conduct business. File your formation documents at corp.delaware.gov to get started.
: Delaware LLCs have two core ongoing compliance obligations: paying the flat $400 annual LLC tax by June 1 each year, and maintaining a registered agent with a physical Delaware address at all times. There's no annual report to file (that requirement applies to Delaware corporations, not LLCs) so the June 1 payment is the whole of the Division of Corporations filing burden. For example, missing the June 1 deadline triggers a $200 late penalty plus interest, which compounds over time. Exception: Delaware LLCs that elect to be taxed as corporations face additional federal and potentially state corporate tax filing requirements, consult a tax professional if you're considering a corporate tax election. There are no mandatory annual meetings, no member reporting requirements and no annual report. Pay your annual LLC tax online at corp.delaware.gov each year before June 1 to keep your LLC in good standing.

Sources

8 documents

Each entry below is a document recorded in our verified Delaware sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

Delaware statute: 6 Del. C. §§ 18-101(9) and 18-201(d) (LLC agreement)
Delaware bill: HB 400 (annual LLC tax increase)
Delaware statute: 6 Del. C. § 18-1107(b) (annual LLC tax)
Delaware bill: HB 400 § 22 (expedite fee caps)
corp.delaware.govDelaware Division of Corporations: business entity filings
corpfiles.delaware.gov/AugustFee2024.pdfDelaware LLC filing fees
delcode.delaware.gov/title6/c018/sc11/Delaware statute: Annual LLC Tax
corp.delaware.gov/alt-entitytaxinstructions/Delaware agency guidance: Annual LLC Tax

More for Delaware LLCs

Ready to Form Your Delaware LLC?

$39 with Northwest, plus your $110 state fee. Northwest's $39 includes a year of registered agent service.

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Prefer to file directly? File yourself at the Secretary of State → ($110 state fee, no service fee)

Not sure which service is right? Compare formation services →

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

How we check facts

How to Start an LLC in Delaware: Your Complete 2026 Guide

Quick Facts

How to Form an LLC: Step-by-Step

Choose Your Delaware LLC Name

Appoint a Delaware Registered Agent

File Certificate of Formation

What You File in Delaware

Processing Times

Create an Operating Agreement

Obtain an EIN from the IRS

Open a Business Bank Account

Get Required Business Licenses

Frequently Asked Questions

Sources

More for Delaware LLCs

Start and set up

Taxes, money and growth

Stay compliant

Operate in other states

Compare structures

By owner type

By profession

Ready to Form Your Delaware LLC?

Quick Facts

How to Form an LLC: Step-by-Step

Choose Your Delaware LLC Name

Appoint a Delaware Registered Agent

File Certificate of Formation

What You File in Delaware

Processing Times

Create an Operating Agreement

Obtain an EIN from the IRS

Open a Business Bank Account

Get Required Business Licenses

Frequently Asked Questions

Sources

More for Delaware LLCs

Start and set up

Taxes, money and growth

Stay compliant

Operate in other states

Compare structures

By owner type

By profession

Ready to Form Your Delaware LLC?

More Delaware LLC Guides

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