How to Start an LLC in Delaware
Forming an LLC in Delaware costs $110 in state filing fees, paid to the Delaware Division of Corporations. Here is the full process, the real costs and the Delaware-specific rules most guides skip.
What it costs
| Item | Cost | Required? |
|---|---|---|
| State filing fee (Delaware Division of Corporations) | $110 | Yes, one time |
| Annual tax (no report) Annual LLC tax, due June 1. Delaware LLCs file no annual report. | $300 | Yes, recurring tax |
| Registered agent service | $100–$200 / year | Optional (you can be your own) |
| EIN from the IRS | Free | Yes, for banking and taxes |
| Operating agreement | Free–$200 | Required by state law |
Step by step
Choose and check your LLC name
Your name must be distinguishable from existing Delaware entities and include "LLC" or "Limited Liability Company". Search availability for free on the Delaware Division of Corporations website before you fall in love with a name.
Appoint a registered agent
Required by law: a person or company with a physical street address in Delaware, available during business hours to receive legal mail. You can be your own agent if you live in the state; most founders who value privacy or don't live there use a service ($100 to $200 per year).
File your formation documents ($110)
File Articles of Organization (in some states called a Certificate of Formation) with the Delaware Division of Corporations. Standard processing: about 10 business days (expedite available). This is the step that legally creates the LLC.
Get your EIN from the IRS (free)
The Employer Identification Number is your LLC's federal tax ID, needed for bank accounts, hiring and taxes. Apply directly at irs.gov, it takes minutes and costs nothing. Never pay a service just for an EIN.
Create an operating agreement
Delaware law requires LLCs to have an operating agreement, so this step is not optional here.
Handle ongoing compliance
Delaware LLCs do not file an annual report. Instead, every Delaware LLC owes a flat $300 annual tax, due June 1 each year, whether or not the business was active. Late payment adds a $200 penalty plus interest. Confirm current amounts on the Division of Corporations tax FAQ.
Delaware LLC: frequently asked questions
How much does it cost to start an LLC in Delaware?
The state filing fee is $110, paid to the Delaware Division of Corporations. Ongoing state cost: $300 franchise tax. Optional costs include a registered agent service (typically $100 to $200 per year) if you don't act as your own.
How long does it take to form an LLC in Delaware?
Standard processing is: about 10 business days (expedite available). Many states offer paid expedited options if you need the LLC approved faster. The clock starts when the Delaware Division of Corporations receives your filing.
Do I need a registered agent in Delaware?
Yes. Every Delaware LLC must continuously maintain a registered agent with a physical street address in the state to receive legal and official mail. You can serve as your own agent if you have a Delaware address and are available during business hours, or hire a commercial registered agent service.
Does a Delaware LLC file an annual report?
No. The Delaware Division of Corporations states that LLCs, LPs and GPs formed or registered in Delaware pay a $300 annual tax and have no requirement to file an Annual Report. (Annual Reports apply to Delaware corporations, not LLCs.) The $300 tax is due June 1 each year, and paying late adds a $200 penalty plus interest until paid.
Not sure whether Delaware fits your situation?
Before you choose a filing package, talk through your business, location and goals with a real setup specialist. Get a clear formation roadmap at no cost and with no purchase obligation.
Request my free setup callLaunch.llc is free. If a formation partner fits and you choose to move forward, the partner may pay us a referral fee.
Compare with other states
Fees and rules last reviewed July 2026. State fees change; always confirm with the Delaware Division of Corporations before filing. This guide is general information, not legal or tax advice.