Forming an LLC in Delaware costs a one-time $110 state filing fee. Ongoing, budget about $300 a year in state fees, so a typical first year is roughly $410 before any service or registered-agent costs. The fee is identical whether you are a US resident or a non-resident. Popular for privacy and strong case law; a $300 flat tax and no information report. Delaware LLCs do not owe tax on income earned outside the state.
What does an LLC cost in Delaware?
| Cost | Amount |
|---|---|
| One-time state filing fee | $110 |
| Annual/biennial report | None - $0 |
| Franchise / annual state tax | $300 flat annual LLC tax, due June 1 |
| Registered agent (required) | Typically $50-$125 a year from an independent provider |
| Recurring state fees per year | About $300 |
| Typical first-year state cost | About $410 (filing + first-year state fees, excluding services) |
Compare Delaware against all 51 states by cost →
Open the official Delaware registration page ↗
Official destination: Delaware Division of Corporations. Confirm the current filing form, fee and process on that site before paying.
State fees go to Delaware and are the same through any formation service - a service fee sits on top of these numbers, never instead of them. Filing directly with the state is always the cheapest route on paper; what you pay a provider for is coordination.
Delaware LLC at a glance
| One-time filing fee (to form) | $110 - paid once |
| Processing time | ~1-2 weeks; same-day expedited available |
| Ongoing annual/biennial report | No annual report |
| Separate franchise / annual tax | $300 flat annual LLC tax, due June 1 |
| State income tax | Yes |
| State sales tax | No state sales tax |
| Sales-tax economic nexus | n/a (no sales tax) |
| Registered agent | Required (in-state address) |
| Publication requirement | No |
| Anonymous ownership | Allowed (members off public record) |
| Fees for non-residents | Identical - state fees do not depend on residency |
State cost data last checked 2026-07-21; the registration destination was cross-checked against the SBA state directory on 2026-08-23. Fees, forms and deadlines still change - confirm on the linked official site and tax authority before filing.
Do non-residents pay more in Delaware?
The state fees above are the same for everyone - Delaware does not charge non-residents more to form or maintain an LLC. What changes is the surrounding process and your tax obligations, not the price.
- A Delaware registered agent is mandatory - you cannot list your own foreign address.
- Get your EIN with Form SS-4 by fax or phone (the instant online tool needs an SSN or ITIN).
- A foreign-owned single-member LLC must file Form 5472 every year - a $25,000 penalty if missed.
- You may owe no US income tax on remote work, but still have US reporting and home-country tax.
- US banking is harder and depends on your residence country - check eligibility before you form.
- You can act as your own registered agent with a Delaware street address.
- You can get an EIN online instantly with your SSN.
- Form 5472 generally does not apply; you report on your personal return.
- An S-corp election can cut self-employment tax once profit is high enough.
- Forming outside your home state can create a second registration and fee set.
Check banking eligibility for your country · Do I owe US tax / must I file 5472?
Does Delaware fit your situation?
Delaware lets LLC members stay off the public record, which appeals to privacy-focused owners. It levies a state income tax. Popular for privacy and strong case law; a $300 flat tax and no information report. Delaware LLCs do not owe tax on income earned outside the state.
If you do not live or operate in Delaware, remember that forming here while working elsewhere can create a second state registration (foreign qualification) and a second set of fees. For most non-residents the decision comes down to banking acceptance and total cost - see the best-state comparison.
How do I form an LLC in Delaware?
- Check name availability and appoint a Delaware registered agent.
- File the Articles of Organization ($110) with the state.
- Get an EIN from the IRS (Form SS-4 by fax or phone if you have no SSN).
- Confirm banking and payment eligibility for your residence country.
- Track federal deadlines - there is no state annual report.
Generate your Delaware deadline calendar · Check your US tax obligations
Quick answers
Frequently asked questions
How much does an LLC cost in Delaware?
The Delaware LLC filing fee is a one-time $110 paid to the state. Ongoing state fees are about $300 a year. A typical first year is roughly $410 in state costs, before any registered agent or formation-service fees.
What is the Delaware LLC filing fee in 2026?
$110, paid once to the state when you file the Articles of Organization. This is set by Delaware and is the same through any formation service - services add their fee on top, they do not replace it.
What are the annual fees for a Delaware LLC?
Delaware does not charge an annual report fee. In addition, $300 flat annual LLC tax, due June 1. Budget separately for a registered agent, typically $50-$125 a year.
Does Delaware require an annual report?
No. Delaware does not require an LLC annual report, though you must keep a registered agent and any federal filings current.
Is Delaware a good state for a non-resident LLC?
Delaware allows anonymous ownership. Popular for privacy and strong case law; a $300 flat tax and no information report. Delaware LLCs do not owe tax on income earned outside the state. Base the decision on where you actually operate, banking acceptance and total cost, not only the filing fee.
Do non-residents pay a different LLC fee in Delaware?
No. Delaware charges the same one-time $110 filing fee and the same ongoing fees regardless of whether the owner is a US resident or a non-resident. What differs for non-residents is the process (registered agent, EIN by fax, Form 5472), not the state fees.
Is the filing fee the same as the annual fee?
No - these are two separate charges. The $110 is a one-time fee to form the LLC. Delaware then has no separate annual report fee. People often confuse the one-time formation fee with the smaller recurring annual fee.