Form an LLC in Delaware
How to start an LLC in Delaware.
What the state asks for, what it charges, and what to file after you form. Fees checked against official Delaware sources in .
Owner names stay off the public filing, but every LLC pays $300 a year, even with no report to file.
Delaware at a glance
- State filing fee
- $110
- Certificate of Formation
- Annual tax
- $300
- Every year
- Filed with
- Delaware Division of Corporations
- Operating agreement
- Required by state law (it can be oral or written)
Delaware LLCs pay a flat $300 annual alternative-entity tax and do not file an annual LLC report. These are the state's own fees, separate from ours, and they can change. Confirm with the Delaware Division of Corporations before you file.
Forming an LLC in Delaware, step by step.
- 1
Choose a name and check it
Your name needs "LLC" or a similar designator and must be distinguishable from names on record. Search the Delaware business database first. You can reserve a name ahead of filing ($75 for 120 days).
- 2
Appoint a registered agent
Someone with a street address in Delaware who accepts legal papers and official notices for the LLC. You can serve yourself or use a registered agent service.
- 3
File the Certificate of Formation
File with the Delaware Division of Corporations. The state fee is $110.
- 4
Write an operating agreement
Required by state law (it can be oral or written). Either way it sets ownership, money, and decisions in writing. See the operating agreement guide.
- 5
Get an EIN
The business's federal tax ID, free from the IRS. Our EIN assistance can prepare it.
- 6
Check local taxes and licenses
Delaware has no statewide sales tax, but local licenses and taxes can still apply. See licenses and permits.
- 7
File your Annual tax
Every year: june 1 annually, for the preceding year. The fee is $300.
General information, not legal or tax advice. State rules and fees change; this page was last checked in October 2026. YaH Brands is not a law firm or an accounting firm.
Forming in Delaware? We prepare and file it, keep track of the follow-ups, and a real person answers when you call.
Services for this step
Every service is available on its own. Add only what your business needs.
- LLC filingPrepare the LLC filing you choose.
- Registered agentKnow who receives official notices for your business.
- EIN application assistanceGet oriented to your business tax ID application.
- Business AddressGive your business an address that fits how it works.
- Business license & permit researchFind out which permissions your business may need.
- Sales tax permit assistanceGet clear on sales tax registration steps.
Keep reading
All LLC guides- Start here8 min read
How to start an LLC
The steps to form an LLC in any state: choose a state and name, appoint a registered agent, file, write an operating agreement, get an EIN, and handle what comes after.
Read the guide - Keep it running5 min read
Annual report
What an LLC annual report is, what it asks for, how often it is due, and what happens if you miss it, including late fees and administrative dissolution.
Read the guide - Set it up6 min read
Foreign vs. domestic LLC
What domestic and foreign LLCs are, when you need to register in another state, how foreign qualification works, and whether to form out of state.
Read the guide
Delaware LLC questions
The state filing fee for the Certificate of Formation is $110. Plan for ongoing costs too, including the Annual tax fee of $300. Delaware LLCs pay a flat $300 annual alternative-entity tax and do not file an annual LLC report.
Yes. Delaware requires a Annual tax every year. The fee is $300, due june 1 annually, for the preceding year.
Required by state law (it can be oral or written). Having one is still a good idea for any LLC, and banks often ask for it.
Yes. Every Delaware LLC must keep a registered agent with a physical address in the state to accept legal papers and official notices.