Educational Resource — June 2026 Delaware fees, tax rules, penalties, and filing procedures can change. Verify current amounts with the Delaware Division of Corporations before filing or paying.

Quick answer: how much does a Delaware LLC cost?

A Delaware LLC costs $110 to form with the state. Most owners should also budget for a Delaware registered agent and the $300 annual Delaware LLC tax.

For a simple LLC using a low-cost registered agent, the practical formation-and-maintenance budget is often around $460 to $700 before optional services, tax help, certificates, or out-of-state registration. That number can be higher if you use a premium formation package, attorney, CPA, or expedited processing.

Short answer

The minimum state cost is $110 to form the LLC, but Delaware LLCs also owe a $300 annual tax. If you do not have a physical Delaware office, add a Delaware registered agent fee, commonly around $50 to $300+ per year depending on provider.

Delaware LLC cost summary

The main Delaware LLC costs are easy to remember: formation fee, registered agent, and annual tax. Optional costs depend on how much help, speed, documentation, and legal customization you need.

Cost item Amount Frequency Notes
Delaware Certificate of Formation $110 One-time State filing fee for a domestic Delaware LLC.
Delaware annual LLC tax $300 Annual Due by June 1; not based on revenue or profit.
Delaware registered agent $50 to $300+ Annual Required unless the LLC can maintain its own Delaware registered office.

This is why a Delaware LLC is not always the cheapest option for a small business. Delaware can be worth it for the right use case, but it is rarely the lowest-cost state once the annual tax and registered agent are included.

Delaware LLC formation fee: $110

To create a Delaware LLC, you file a Certificate of Formation with the Delaware Division of Corporations. The state filing fee for a domestic Delaware LLC formation is $110.

This $110 fee is the state filing fee only. It does not include a registered agent, operating agreement, EIN help, legal review, tax advice, certified copies, or foreign registration in another state.

Setup item Cost Mandatory?
Certificate of Formation filing $110 Yes
Name reservation $75 No
EIN from IRS $0 Often needed, but free if obtained directly from IRS
Operating agreement $0 to $500+ Important, but not filed publicly with Delaware
Formation service $0 to $300+ Optional
Attorney review Varies Optional, but useful for complex ownership
Name reservation is usually optional

Delaware lets you reserve a name before filing, but you do not need to reserve a name if you are ready to form the LLC now. Many owners skip reservation and file the Certificate of Formation directly.

Delaware LLC annual tax: $300 per year

The most important ongoing Delaware LLC cost is the $300 annual LLC tax. Delaware LLCs do not file annual reports with the Division of Corporations, but they still must pay this annual tax.

The tax is due on or before June 1. Delaware states that there is no proration on alternative entity taxes, and that the annual tax is assessed if the entity is active in Delaware records at any time during the tax year.

Annual tax question Answer
Amount $300
Due date June 1
Annual report required? No annual report for Delaware LLCs
Based on profit? No, it is a flat annual tax
Applies if LLC has no revenue? Yes, if the LLC is active in Delaware records during the tax year
Prorated for partial year? No proration under Delaware alternative entity tax instructions
Do not confuse annual report with annual tax

Delaware LLCs do not file annual reports with the Division of Corporations. That does not mean they have no annual cost. The $300 annual LLC tax still applies.

Delaware registered agent cost

Every Delaware LLC needs a Delaware registered agent. If you do not have a physical Delaware street address that qualifies, you will normally hire a commercial registered agent.

Registered agent pricing varies by provider. Many small business owners budget roughly $50 to $300+ per year, depending on whether the service is basic or bundled with mail handling, compliance reminders, formation service, or privacy features.

Registered agent option Typical cost Best for
Use your own Delaware office $0 extra Businesses physically located in Delaware
Basic commercial registered agent $50 to $125/year Cost-sensitive LLC owners
Premium registered agent $125 to $300+/year Owners who want reminders, document tools, or bundled service
Formation bundle with first-year agent Varies Owners using an LLC formation service

For the separate registered agent page, use: Delaware LLC Registered Agent .

Hidden and optional Delaware LLC costs

The cheapest Delaware LLC is rarely just one fee. Depending on your business, you may need certificates, legal documents, tax help, foreign qualification, or business licenses.

Optional cost Typical amount When it matters
Name reservation $75 Only if you want to reserve the name before filing.
Certified copy Varies by document/order Sometimes requested by banks, lenders, or internal records.
Certificate of Status / Good Standing $50+ depending on certificate type Often needed for banks, foreign qualification, contracts, or due diligence.
Operating agreement $0 to $500+ Free if self-prepared; higher if customized by an attorney.
Formation service $0 to $300+ Optional; useful if you want filing help or bundled registered agent service.
Attorney or CPA review Varies Useful for multi-member LLCs, investors, nonresident owners, or tax planning.
Foreign LLC registration in another state Varies by state May apply if the Delaware LLC operates outside Delaware.
Business licenses and permits Varies May apply depending on industry, location, employees, or sales activity.
EIN warning

An EIN is free when obtained directly from the IRS. Some services charge for EIN help, which may be useful in specific cases, but the IRS itself does not charge an EIN application fee.

Delaware LLC first-year cost examples

The phrase “first-year cost” can be misleading because the Delaware annual tax is tied to the tax year and June 1 deadline. A better way to think about cost is formation cost plus the first annual compliance cycle.

These examples show practical budget ranges. They do not include industry licenses, tax preparation, legal advice, payroll setup, or foreign LLC registration in another state.

Scenario Formation fee Registered agent Annual tax Estimated budget
Basic Delaware LLC with low-cost registered agent $110 $50 to $125 $300 $460 to $535 before optional services
Delaware LLC with premium registered agent $110 $150 to $300+ $300 $560 to $710+ before optional services
Delaware LLC using formation service $110 $50 to $300+ $300 $500 to $1,000+ depending on package
Delaware LLC operating in another state $110 $50 to $300+ $300 Delaware costs plus foreign LLC fees in the operating state

If you form in Delaware only because you heard it is popular, compare these costs with your home state before filing. A home-state LLC is often cheaper and simpler for a local business.

Extra cost if your Delaware LLC operates in another state

One of the biggest Delaware LLC cost mistakes is ignoring foreign LLC registration. If you form in Delaware but operate in California, New York, Florida, Texas, or another state, that other state may still require registration, fees, taxes, reports, and licenses.

This means Delaware may become a second layer of cost, not a replacement for your operating state's rules.

Cost issue Why it happens What to check
Foreign LLC registration The business operates outside Delaware. Registration rules in the operating state.
Second registered agent Some states require an in-state agent after foreign registration. Registered agent rules in each state.
Home-state annual fees The operating state may charge its own annual fee or tax. Annual report, franchise tax, or renewal rules.
State income or gross receipts tax The business may have nexus outside Delaware. Where the business sells, works, stores inventory, or hires.
Local licenses Formation does not replace permits. City, county, and industry-specific license rules.
Delaware does not erase home-state costs

If your business operates outside Delaware, forming a Delaware LLC may add Delaware costs on top of your operating state's costs. This is one reason Delaware is not always the best choice for a local small business.

Delaware LLC late fees and penalties

If the $300 annual LLC tax is not paid on time, Delaware states that the entity owes a $200 penalty plus 1.5% interest per month on the tax and penalty.

Late payment can also affect good standing. That can matter if you need a Certificate of Good Standing for a bank account, lender, investor, contract, foreign qualification, or sale of the business.

Late item Amount Practical effect
Annual LLC tax $300 Base annual tax due by June 1.
Late penalty $200 Added if the annual tax is not paid on time.
Monthly interest 1.5% per month Applies to unpaid tax and penalty under Delaware instructions.
Good standing issue Non-dollar consequence May prevent official good standing proof until fixed.

For a deeper guide, use: Delaware LLC Annual Tax .

Delaware LLC cost vs Wyoming, New Mexico, Nevada, and your home state

Delaware is not always the cheapest LLC state. It can be a strong choice for specific legal, investor, or structuring reasons, but cost alone often points elsewhere.

Before choosing a state, compare total annual cost, registered agent requirements, privacy, banking, foreign-owned LLC compliance, and whether you must register in your actual operating state.

State option Cost profile Best for Watch out for
Delaware Moderate formation cost, high fixed annual LLC tax Delaware businesses, some startups, holding companies, specific Delaware-law use cases $300 annual tax and possible duplicate fees if operating elsewhere
Wyoming Often cheaper for small online businesses Privacy-focused owners, many online businesses, some nonresident founders May still require foreign registration where the business operates
New Mexico Often low-cost for simple LLC maintenance Some privacy-focused or low-maintenance structures Not automatically best for banking, investors, or every operating state
Nevada Often more expensive to maintain Businesses with a specific Nevada reason Annual compliance can be costly compared with alternatives
Your home state Often simplest if you operate locally Local businesses, service businesses, and owners with home-state operations May offer less privacy or fewer perceived legal advantages than Delaware

If you want exact state-by-state costs, use: LLC Cost by State and LLC Annual Fees by State.

When is a Delaware LLC worth the cost?

Delaware is worth considering when there is a real business reason for using Delaware. It should not be chosen only because it sounds more professional.

Delaware may be worth it when... Delaware may be too expensive when...
You operate in Delaware. You operate only in another state.
You need Delaware law for a specific legal structure. You are a simple freelancer or local service business.
You have investors or advisors who specifically prefer Delaware. You are choosing Delaware only because it is popular online.
You are using a holding-company or asset-ownership structure. You want the lowest annual fee possible.
You understand the $300 annual tax and registered agent cost. You did not budget for duplicate out-of-state registration costs.
Non-US resident note

Non-US residents can form Delaware LLCs, but the cheapest state is not always the best state. Compare Delaware with Wyoming, banking options, EIN setup, Form 5472 rules, annual fees, and your business model before filing.

Use the cost page as part of the Delaware LLC cluster. It should link to formation, lookup, annual tax, registered agent, nonresident, and comparison pages.

Guide Use it for
Start a Delaware LLC Full Delaware LLC formation guide with steps, tax, EIN, and compliance.
Delaware LLC Lookup Search Delaware business entities, status, names, and registered agents.
Delaware LLC Annual Tax Understand the $300 annual tax, June 1 due date, penalties, and payment rules.
Delaware Registered Agent Registered agent rules, address requirements, and cost considerations.
Delaware LLC for Non-US Residents Formation, EIN, banking, taxes, Form 5472, and annual Delaware costs.
Wyoming vs Delaware LLC Compare costs, privacy, tax, annual fees, and use cases.

This guide is general information only and is not legal, tax, or accounting advice. Delaware LLC costs can change, and your total cost can depend on registered agent fees, foreign LLC registration, tax classification, licenses, state nexus, ownership, and professional services.

Official Sources