How to Form an LLC in Delaware
Everything you need to form a Limited Liability Company in Delaware (DE). Filing fee: $90 | Processing time: 3-5 business days (same-day and 24-hour expedited available)
State Income Tax
2.2% to 6.6% individual income tax; 8.7% corporate income tax
Steps to Form an LLC in Delaware
Choose an LLC name and verify availability with the Delaware Division of Corporations
Designate a registered agent in Delaware
File the Certificate of Formation with the Delaware Division of Corporations
Pay the $90 filing fee
Obtain an EIN from the IRS
Create a comprehensive Operating Agreement
Pay the annual $300 franchise tax by June 1 each year
Pros of Forming in Delaware
- ✓Most business-friendly court system (Court of Chancery) in the US
- ✓Strong legal precedents and flexible LLC laws
- ✓Privacy protections — member names not required in public filings
Cons of Forming in Delaware
- ✗$300 annual franchise tax adds to ongoing costs
- ✗If you don't operate in Delaware, you'll need to register in your home state too
- ✗Legal advantages mainly benefit larger companies or those expecting litigation
Best For
Businesses seeking strong legal protections, investor-friendly structures, or planning to raise venture capital.
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