Business formation
Form your business in Delaware
Start your LLC, S-Corp, C-Corp, or Nonprofit in Delaware with a guided, step-by-step workflow tailored to your entity type - and know the state filing fee before you begin.
Forming an LLC in Delaware costs $110 in state filing fees, which is above the national median: 28 of the 51 U.S. jurisdictions charge less, and the national median is $100. A corporation files for $89 and a nonprofit for $89. Below: the fee table, what else you pay in year one, and the questions founders ask before filing here.
Delaware state filing fees
These are the one-time fees paid to the Delaware Secretary of State to file your formation document. They are separate from any EazeAccounts service or package fee.
| Entity type | State filing fee |
|---|---|
| LLCArticles of Organization - flexible, pass-through, simple to run. | $110 |
| Corporation (C-Corp / S-Corp)Articles of Incorporation - shares, board, officers. S-Corp is a federal tax election on the same state filing. | $89 |
| NonprofitNonprofit Articles of Incorporation - mission-driven; optional 501(c)(3). | $89 |
Note: corp min fee, share-based (SOS minimum $89).
Estimated state filing fees, separate from EazeAccounts service fees. Some states set a minimum that can rise with authorized shares, and expedited or online filing may differ. Fees last verified May 2026; confirm the current amount with the Delaware Secretary of State before filing.
What an LLC costs every year in Delaware
Annual franchise tax
$300
June 1 each year Late payment adds a $200 penalty plus 1.5 percent interest a month. There is no annual report for LLCs.
State tax on the LLC
Every Delaware LLC pays a flat $300 franchise tax a year, regardless of income or activity. Delaware has no sales tax and does not tax income earned outside the state, so an LLC that does not operate in Delaware pays only the $300.
How long Delaware takes
Standard processing takes around ten business days. Expedited service is $50 for 24 hours, $100 for same day, $500 for two hours and $1,000 for one hour.
What is different about Delaware
- • The $300 franchise tax is due every year even if the LLC did nothing, and the penalties for missing June 1 are steep.
- • A Delaware registered agent is mandatory and almost every non-resident uses a paid service, typically $50 to $300 a year.
- • Delaware's advantages are mainly for venture-backed corporations; for a small LLC operating elsewhere it usually means paying two states.
Guide reviewed September 2026 against the Delaware Secretary of State and tax authority. Confirm current figures before filing.
What else you pay in year one
- Registered agent. Free if you serve as your own agent at a Delaware street address; a service charges an annual fee if you would rather keep your address off the public record.
- EIN. Free from the IRS. Anyone charging for an EIN alone is charging for the form.
- Annual report or franchise tax. Most states ask for a yearly report and some charge a fee or tax with it; the amount and deadline are set by Delaware. Check the Secretary of State page before you file so the first renewal is not a surprise.
- Licences and permits. City and county rules depend on what the business does, not on the entity type.
Not sure whether an LLC or a corporation fits? The entity cost calculator compares the two over three years, and the guide to LLC vs C-Corp covers the tax and investor side.
Questions founders ask about Delaware
- How much does a Delaware LLC cost per year?
- $300 in franchise tax, due June 1, plus a registered agent fee if you use a service. There is no annual report for LLCs, only the tax.
- What does it cost to form an LLC in Delaware?
- $110 for the Certificate of Formation. Expedited processing starts at $50 for 24-hour service.
- Should a small business form its LLC in Delaware?
- Usually not, unless it will raise venture capital or has a specific legal reason. An LLC that operates in another state has to register there too and ends up paying both states' fees.
- How much does it cost to start an LLC in Delaware?
- The Delaware state filing fee for an LLC is $110, paid once when you file the formation document. That is above the national median: 28 of 51 jurisdictions charge less, and the national median is $100. Registered agent service, expedited processing and any EazeAccounts package are separate.
- Do I need a registered agent in Delaware?
- Yes. Every state requires an LLC or corporation to name a registered agent with a physical street address in Delaware who is available during business hours to receive legal and official mail. You can be your own agent if you live in the state, or use a service.
- What is the difference between the state fee and the EazeAccounts fee?
- The state fee goes to the Delaware Secretary of State and is the same whoever files for you. The EazeAccounts formation package covers preparing and filing the documents, the EIN, the operating agreement or bylaws, and setting your books up from day one. You always see both amounts before you pay.
- Is the state filing fee refundable if my filing is rejected?
- Generally no. States keep the fee even when a filing is rejected for a name conflict or a missing detail, which is why the name check and document review happen before anything is submitted.
Next step
Comparing states? Colorado, Connecticut, Florida, Georgia, or see filing fees in every state.
Ready to form in Delaware? Begin the step-by-step formation workflow.