How to Start an LLC in Delaware (2026)

Q: How much does it cost to start an LLC in Delaware?

The Certificate of Formation costs $110 under the Division of Corporations fee schedule revised August 1, 2026. Your EIN is free from the IRS. The recurring costs are the flat $300 annual LLC tax due June 1 and a Delaware registered agent, which usually runs $50 to $300 a year if you do not live in the state.

Q: Do Delaware LLCs file an annual report?

No. Delaware limited liability companies, limited partnerships and general partnerships do not file an annual report. They do owe a flat annual tax of $300, which must be received no later than June 1 each year. The absence of a report is why people wrongly assume Delaware has no yearly obligation.

Q: Should I form my LLC in Delaware if I live in another state?

For most owner-operated businesses, no. Delaware suits companies raising outside investment or with complex ownership. If you live and work elsewhere, your home state still taxes your income and requires the Delaware LLC to register as a foreign LLC there, so you pay two states, keep two registered agents, and file in both. Form where you actually operate.

Q: How fast can a Delaware LLC be formed?

Delaware is built for speed if you pay for it. The fee schedule lists 24-hour service at $50 and same-day at $100 on top of the $110 filing fee, and for genuinely urgent matters there is two-hour service at $500 and one-hour at $1,000 per document. Standard processing without an expedite fee takes longer.

Last updated: August 28, 2026

To start a Delaware LLC, file the Certificate of Formation with the Delaware Division of Corporations for $110, appoint a Delaware registered agent, and get a free EIN. Delaware LLCs file no annual report, but they owe a flat $300 annual LLC tax by June 1 every year. If you do not live or operate in Delaware, read the warning below before you file here.

Quick note: we're operators, not attorneys or accountants. This is general educational info, not legal or tax advice. Delaware is the right answer for venture-backed startups and the wrong answer for most owner-operated small businesses.

Delaware is the most recommended and most misunderstood state to form in. It genuinely is the best home for a company raising outside investment. For a one-vehicle courier business operating in another state, it usually just doubles your paperwork. Here are the real numbers and the honest advice.

Do not form in Delaware just because startups do Delaware makes sense when investors expect it, when you have multiple owners, or when you actually operate here. It does not save tax for a business that operates elsewhere: your home state still taxes what you earn there, and you would have to register the Delaware LLC as a foreign LLC at home. That means two states, two registered agents, two sets of fees, plus Delaware's $300 annual tax on top of your home state's costs. For an owner-operated business, form where you live and work.

How to start a Delaware LLC in 6 steps

Name it, appoint a Delaware registered agent, file the Certificate of Formation ($110), write an operating agreement, get a free EIN, then pay the $300 annual tax by June 1.

Name your Delaware LLC

The name must be distinguishable from other Delaware entities and include an LLC designator. Check it in the Delaware entity name search. Delaware is strict about names that imply a bank or trust, which need extra approval.

Appoint a Delaware registered agent

Every Delaware LLC needs a registered agent with a Delaware address. If you do not live in Delaware, this is a paid service, typically $50 to $300 a year, and it is a permanent cost of keeping the entity here. Changing the agent later costs $50 at the state. Northwest includes agent service free the first year with their $39 filing.

File the Certificate of Formation

File with the Delaware Division of Corporations. The fee schedule revised August 1, 2026 lists domestic LLC formation at $110, which includes the municipality fee. A certified copy is $50, 24-hour service is $50, and same-day is $100. If you are in a real hurry, one-hour service exists at $1,000.

Write an operating agreement

Delaware does not file it, but this is the state where the operating agreement matters most: Delaware LLC law leans heavily on freedom of contract, so your agreement really does govern. If you have partners or investors, this is worth having a lawyer draft rather than using a template.

Get a free EIN from the IRS

Your EIN is free at irs.gov and takes about ten minutes. You need it for the business bank account, contracts, and hiring. Never pay a third-party site for one.

Pay the $300 annual LLC tax by June 1

Delaware LLCs do not file an annual report, which is the source of the myth that Delaware has no annual obligations. What they owe is a flat annual tax of $300, due no later than June 1 each year. Miss it and penalties and interest accrue, and the LLC eventually loses good standing.

Delaware LLC cost breakdown

$110 to form, then $300 a year in tax plus your registered agent. Not the cheap option people assume.

Item	Cost	Required?
Certificate of Formation (domestic LLC)	$110	Yes
Certified copy	$50	Optional
24-hour / same-day service	$50 / $100	Optional
EIN	Free from the IRS	Yes (free)
Delaware registered agent (required, usually paid)	$50 to $300/yr	Yes
Annual LLC tax (due June 1)	$300 flat	Yes
Annual report	None for LLCs	No
Change of agent only	$50	Only if changing

Delaware figures as of August 2026, from the Division of Corporations fee schedule revised August 1, 2026 and the annual tax guidance at corp.delaware.gov. If you operate in another state, add that state's foreign registration and agent costs. Confirm before filing.

Rather have it filed for you? Northwest will form your Delaware LLC for $39 + the $110 state fee and act as your registered agent the first year, keeping your home address off the public record. See the $39 formation service → Affiliate link. We may earn a commission at no extra cost to you.

Setting up to run courier routes in Delaware?

The LLC is step one. Our course covers the rest: insurance and certifications, the business bank account, and how to find routes and win contracts with Delaware clinics, labs, and hospitals.

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Delaware LLC FAQs

How much does it cost to start an LLC in Delaware?

The Certificate of Formation is $110 and your EIN is free. Then $300 a year in annual tax, due June 1, plus a Delaware registered agent.

Do Delaware LLCs file an annual report?

No annual report for Delaware LLCs. They owe a flat $300 annual tax instead, due by June 1 each year.

Should I form my LLC in Delaware if I live in another state?

Usually not. Unless you are raising investment, forming in Delaware while operating elsewhere means registering as a foreign LLC at home and paying both states.

How fast can a Delaware LLC be formed?

Fast, for a price. Add $50 for 24-hour or $100 for same-day service. Two-hour ($500) and one-hour ($1,000) options exist for urgent filings.

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