Formation / States / Delaware

Start a Business in Delaware

Delaware is the most popular state for incorporation among venture-backed startups and Fortune 500 companies, thanks to its well-developed corporate law (Court of Chancery), flexible LLC statute, and business-friendly legal precedents. Over 67% of Fortune 500 companies are incorporated in Delaware.

Filing Fees

Entity TypeFiling Fee
LLC$90
Corporation$89
Nonprofit$89
DBA / Trade Name$25
Annual Report$300

LLC: $300 flat annual tax; Corp: franchise tax based on authorized shares (minimum $400)

Processing Times

  • Standard: 3-5 weeks
  • Expedited: Same day ($100), 24-hour ($50), or next-day ($30)
  • Online: Available via Delaware Division of Corporations

Key Facts

  • Court of Chancery provides specialized business dispute resolution (no jury trials)
  • No state income tax on out-of-state revenue for corporations
  • LLC annual tax is a flat $300 regardless of revenue
  • Corporation franchise tax minimum is $400/year
  • 67% of Fortune 500 companies are incorporated here
  • Registered agent required — must be a Delaware resident or authorized entity

Compliance Deadlines

ItemDuePenalty
LLC Annual TaxJune 1 annually$200 late penalty + 1.5% monthly interest
Corporation Annual ReportMarch 1 annually$200 late penalty + interest
Corporation Franchise TaxMarch 1 annually$200 late penalty + 1.5% monthly interest
Registered AgentMaintain continuouslyVoided certificate of formation

Official Resources

  • Delaware Division of Corporations: How to Form
  • Delaware Division of Corporations: Pay Taxes/Fees
  • Delaware Revenue: Business Tax Forms
  • IRS: Apply for EIN Online
  • SBA Delaware District Office

Related Guides

  • C-Corp Formation Guide
  • LLC Formation Guide
  • LLC to C-Corp Conversion
  • Small Business Tax Guide
  • Formation Cost Breakdown
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