State hub · Delaware

Delaware LLC true cost (2026)

Research dated Sep 4, 2026 (Pacific/Honolulu). Fees from Delaware Division of Corporations materials and 6 Del. C. §§ 18-201, 18-1105, 18-1107. Re-verify before you file.

Delaware is the classic “investor / Chancery” formation state: $110 Certificate of Formation (Division schedule — filing fee plus municipality fee), a flat $400/year alternative-entity tax with no LLC annual report, and a Certificate that does not require member or manager names. The ongoing SOS cost is higher than Wyoming’s typical $60 license tax — use the table below for Certificate + three annual taxes + formation/RA path.

Not legal or tax advice. This page cites official Division of Corporations / Delaware Code / Division of Revenue materials for filing costs and common gotchas. Where you operate can still create foreign-qualification and tax obligations outside Delaware.

Delaware state filing fees (Division of Corporations)

These are state fees — not Northwest / ZenBusiness / Bizee / LegalZoom service fees.

Item Amount Notes
Certificate of Formation (domestic LLC) $110 August 2026 Division fee schedule: Formation – domestic $110 (filing fee + municipality fee). Statute § 18-1105(a)(3) lists $70 statutory filing fee; you pay the $110 schedule total. Official LLC Formation packet (rev. 8/2026) also states $110.
Annual LLC tax (no annual report) $400 / yr Flat tax for every domestic/foreign LLC. Due on or before June 1 for the prior calendar year. Confirmed on Division LLC/LP/GP tax instructions and 6 Del. C. § 18-1107(b).
Name reservation (optional, 120 days) $75 Division howtoform / FAQs.
Foreign Certificate of Registration $200 Fee schedule + § 18-1105(a)(6).
Certified copy / short-form status $50 Long-form status (all filings): $175 (howtoform).
RA/office change only (captioned) $50 § 18-1105(a)(11). Typical Certificate of Amendment otherwise: $180 statutory (§ 18-1105(a)(3)).
Registered series annual tax (each) $100 / yr On top of the LLC’s $400 (§ 18-1107(b)).

Annual tax timing

  • LLCs do not file an Annual Franchise Tax report — pay the flat tax only.
  • Due on or before June 1 following the close of the calendar year (example: formed anytime in 2026 → 2026 tax due June 1, 2027).
  • No proration. Tax is assessed if the entity is active anytime Jan 1–Dec 31 of the tax year.
  • Late: $200 penalty + 1.5% interest per month on tax and penalty.
  • Unpaid for 3 years from the due date: Certificate of Formation may be canceled (§ 18-1108).
  • Notices go to the Delaware registered agent (typically mailed in December before the June due date).

True 3-year cost: provider path + Delaware fees

Provider Y1–Y3 totals reuse the national comparison (formation + professional RA for 3 years ($289 / $298 / $497 / $747), then add Delaware state fees for a plain domestic LLC (no series):

Path Provider 3-yr + DE state Combined 3-yr
Northwest
Formation $39 (RA Y1 included)
$289 $1,310 $1,599
Bizee
Basic $0 (RA Y1 free)
$298 $1,310 $1,608
ZenBusiness
Starter $0 + RA add-on
$497 $1,310 $1,807
LegalZoom
Basic $0 + RA $249/yr
$747 $1,310 $2,057

← National 3-year provider comparison (state fees excluded there on purpose — this hub adds Delaware’s).

Start with Northwest

Partner link — we may earn a commission at no extra cost to you. Prices above are researched from public pages, not supplied by the provider. How this site makes money.

Registered agent (Delaware)

  • Every entity must continuously maintain a Delaware registered office and registered agent.
  • RA needs a physical Delaware street address and must be generally present during normal business hours to accept service.
  • The entity may act as its own RA only if it is physically located in Delaware.
  • Otherwise appoint an individual Delaware resident or a domestic/foreign entity authorized in Delaware (commercial RA is the usual path for non-residents).
  • Certificate of Formation must include the RA name and Delaware registered office address (§ 18-201).

Gotchas (fact-based)

  • Privacy on Certificate: § 18-201 requires the LLC name and initial RA/office — not member or manager names. Operating agreements are not filed with the Division.
  • $400 vs stale $300 pages: Dedicated tax instructions and § 18-1107(b) say $400. Some older Division overview pages still show $300 — budget $400 for 2026 tax-year planning.
  • No publication fee found: Division formation guidance does not list a newspaper publication step for domestic LLCs (unlike New York).
  • Series LLCs: each registered series adds $100/year annual tax on top of the LLC’s $400.
  • Foreign ops: Doing business in another state can require Certificate of Authority / annual fees there. Delaware formation ≠ automatic tax home everywhere.
  • Operating in Delaware: no state/local sales tax, but Division of Revenue business license + gross receipts tax can apply to in-state sellers/providers — separate from the $400 SOS tax.

Who Delaware is for / not for

Often a fit when…

  • You want Delaware LLC Act / Court of Chancery familiarity and a lean public Certificate (no member names required).
  • Investors or counsel expect a Delaware entity, and you accept a predictable $400/yr SOS tax with no LLC annual report.
  • You are comparing privacy-forward states and prefer Delaware’s case-law stack over Wyoming’s lower annual SOS floor.

Often a poor fit when…

  • You mainly operate in one other state and want the lowest SOS annual bill — Wyoming’s typical $60 license tax is far cheaper than $400.
  • You assumed “form in Delaware, pay nothing ongoing” — inactive LLCs still owe the annual tax until canceled.
  • You want free DIY RA without a Delaware physical street presence.

Orientation only — not legal advice.

Unverified / confirm before filing

Sources (official)

  1. Delaware Division of Corporations — LLC/LP/GP Franchise Tax Instructions ($400 yearly tax; no Annual Report; June 1; $200 + 1.5% late)
  2. Delaware Division of Corporations — Corporate Fee Schedule PDF (August 2026) — LLC Formation domestic $110
  3. Delaware Division of Corporations — LLC Certificate of Formation form packet ($110 filing; $400 annual tax; rev. 8/2026)
  4. Delaware Division of Corporations — How to Form (RA physical address; name reservation $75; status certificates $50 / $175)
  5. Delaware Division of Corporations — Registered Agent FAQs
  6. Delaware Division of Corporations — Corporate Fee Schedule hub
  7. 6 Del. C. § 18-201 — Certificate of Formation contents
  8. 6 Del. C. §§ 18-1105, 18-1107 — Fees; annual tax $400; series $100; penalties
  9. Delaware Division of Revenue — Doing Business in Delaware (no sales tax; gross receipts / license)

How Delaware ranks against the other 50 charters

Across the 51 jurisdictions covered on this site, Delaware sits at #46 — the 46th cheapest three-year state charter — at $1,310 in Secretary of State and revenue-department dollars. That is $1,275 more than Montana, the cheapest charter in the ranking ($35), $1,030 above the $280 median, and $1,200 less than California at $2,510. In plain terms, Delaware lands in the pricier half of the table.

Ranking basis for Delaware: Domestic LLC formed mid-year; three June-1 annual tax payments for three calendar tax years in a ~3-year window after formation; excludes name reservation, expedites, certified copies, amendments, reinstatement, series taxes, gross receipts / income tax, and professional RA fees.

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