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DELAWARE

Why Form a Limited Liability Company (LLC) in Delaware?


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Delaware LLC Licenses, Fees and Filing Requirements

Some types of businesses have different requirements in Delaware, including related fees and costs. Your DE LLC needs to pay various fees to the federal government, Delaware government and other agencies. Some of these fees are levied by the Delaware Division of Corporations or statewide organizations, while others come from the federal government. On this page, we’ve summarized the most common fees and requirements.

Note that Delaware business licenses and permits might need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

Delaware LLC Incorporation Filing and Fees

When you first incorporate your business in Delaware, you’ll need to file an LLC with the DE Division of Corporations and pay a Delaware filing fee. Here are the current fees and filing times for Delaware:

State Fee State Filing Time Expedited Filing Time
$90 15 Business Days 5 Business Days

When you form your DE LLC through Incfile, we automatically forward this fee to the Delaware Division of Corporations when we file your incorporation paperwork.

Some states allow you to form your LLC more quickly by paying a rush fee. You can compare state filing times and fees here, including expedited fees for Delaware.

Incorporate your Delaware LLC through Incfile today

Getting an EIN/Tax ID for Your Delaware LLC

Every Delaware LLC should have a unique employer identification number (EIN). These are provided by the Internal Revenue Service, and you use them when filing taxes, opening a business bank account and paying employees. You can get one yourself at no cost from the IRS or have Incfile obtain one on your behalf.

Get an EIN for Your Delaware LLC through Incfile

Foreign Qualification to Operate in a State Outside Delaware

If you’re expanding your Delaware LLC beyond the borders of the state, you will need a Foreign Qualification or Certificate of Authority to operate in another state. These are typically necessary if you have a physical presence, employees or banking in a different state than Delaware. Fees and requirements for foreign qualifications depend on each state’s rules. Incfile provides a complete Foreign Qualification service for any state.

Get a Foreign Qualification/Certificate of Authority through Incfile

Delaware LLC Franchise Report and Fees

Unlike most other states, Delaware does not require you to file an annual report. Instead, you need to file a Franchise Tax Report every year, which does require a fee. Here are the annual filing requirements for Delaware:

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Incfile can also complete and file your Delaware franchise report on your behalf.

Incfile’s Delaware Annual Report Filing Service

Business Licenses and Permits in Delaware

Your Delaware LLC may need certain licenses and permits to comply with specific requirements. These business permits and licenses might be issued by Delaware, regional or federal organizations. Some of the associated fees only need to be paid once, while others have ongoing charges.

Permits and licenses vary based on:

  • The industry your Delaware LLC operates in (e.g., restaurants will need health permits)
  • The location of your Delaware LLC (state, county or city) (e.g., a license to conduct business from the city of Wilmington)
  • The type of business that you run (e.g., healthcare providers must meet HIPAA requirements)

You can research these permits and licenses yourself or use Incfile’s Business License Research Package, which includes:

  • A complete report on all the licenses, permits and tax registrations your Delaware LLC will need
  • The application forms you will need to file with the Delaware, regional and federal licensing authorities

Remember that operating your business without the required licenses can expose you to risks and fines from federal, Delaware and local governments.

Incfile’s Delaware Business License Research Package

Create an Operating Agreement for Your Delaware LLC

An Operating Agreement is a business document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas.

Delaware LLCs aren’t required to have an Operating Agreement, but they are extremely useful for several reasons (learn about them here). If you’re interested in having your Operating Agreement created for you, Incfile can draft a general Operating Agreement template when you choose to form your Delaware business. You can choose to make changes to the template based on your unique requirements.

Ad Hoc Delaware Fees or Requirements for Your DE LLC

There are several other fees or requirements that you may need to meet during the life of your Delaware LLC. These ad hoc fees will only be payable in specific circumstances, which we’ve listed below.

To Obtain a Fictitious/DBA Name for Your Delaware LLC

If you want your DE business to trade under a different name, you can file a form with the Delaware Division of Corporations. You will need to pay a Delaware filing fee. Incfile can file this form on your behalf.

Incfile’s Delaware Fictitious Name service

To Change the Delaware Registered Agent for Your DE LLC

Your Delaware LLC needs a Registered Agent. You need to appoint one when you first incorporate your LLC. You can also switch to a new DE Registered Agent later. Incfile provides a complete Delaware Registered Agent service.

Incfile’s Delaware Registered Agent service

To Reserve a Name for Your Delaware LLC

If you don’t want to form your DE business right away, you can reserve a name with the Delaware Division of Corporations. You will need to pay a small fee to do this.

To Amend Certain Facts About Your Delaware LLC

Your business formation documents state certain facts about your Delaware business when it was originally formed. Over time, these facts might change — if they do, you need to file “Articles of Amendment” with the Delaware Division of Corporations. You can do this yourself or have Incfile complete the filing on your behalf.

Adjustments for which you might want to file Delaware Articles of Amendment include:

  • Adding, removing or changing a Delaware LLC member or manager
  • Changing the business address of your LLC
  • Altering the stated business activities of your Delaware LLC

Incfile’s Delaware Articles of Amendment service

To Get a Certificate of Good Standing for Your Delaware LLC

Some organizations will request that you prove your Delaware LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you will need a “Certificate of Good Standing” from the Delaware Division of Corporations. Incfile can obtain a certificate on your behalf.

Incfile’s Delaware Certificate of Good Standing service

The fees listed above detail all the charges that a standard DE LLC will be required to pay. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your Delaware LLC will also probably need to pay self-employment, payroll, federal and state taxes, but we will cover that when we talk about taxes for DE LLCs.

FAQs About Delaware LLC Fees

What Happens to the State Fees That I Am Charged When Forming My Delaware LLC with Incfile?

We charge you for this fee at cost and then pay the fee to the Division of Corporations on your behalf when forming your Delaware business.

Do I Need to Pay an Annual Report Fee Every Year?

Usually, yes. Most states require you file a report for your LLC every year. Instead of an annual report, Delaware requires you to file a Franchise Tax report, which is very similar. You can find out more on the compliance page for your state.

Who Will I Need to Get Business Licenses and Permits From for My Delaware LLC?

It depends on various factors including:

  • The type of business you run
  • Where you are located
  • Governing organizations in your industry
  • Federal, state and local regulations

That’s why our business license research package is so useful. It explores all of these areas for you and provides a comprehensive overview of exactly what your Delaware LLC needs to be compliant.

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What are the fees and requirements to form a business in Delaware?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$90 15 Business Days 5 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Learn more about starting a business in Delaware

Additional resources, guides, and articles for better decision making.

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