Delaware LLC — Frequently Asked Questions
How much does it cost to form an LLC in Delaware?
The state filing fee to form an LLC in Delaware is $110. That's one of the more affordable states to form an LLC. On top of that, plan for $300 each year in franchise tax (Delaware doesn't have a traditional annual report). Our filing service is $199, which covers preparing and filing your Certificate of Formation — the $110 state fee is separate, paid by you directly to the state. Registered agent service: $99/year, separate subscription. EIN: free from the IRS, or we help for an add-on fee. Operating agreement: optional add-on.
How long does it take to form an LLC in Delaware?
Standard processing runs 3-5 business days. If you pay $200 for expedited service, you can usually get to Same day. We file on your behalf and notify you as soon as the Delaware Secretary of State processes the formation.
Does Delaware require an annual report for LLCs?
No — Delaware LLCs don't file a traditional annual report. Instead, you pay a flat $300 annual franchise tax each year, due June 1. Missing the deadline can lead to a $200 penalty plus 1.5%/month interest, and eventually administrative dissolution by the Delaware Secretary of State.
Do I need a registered agent for my Delaware LLC?
Yes. Every LLC registered with the Delaware Secretary of State is required to maintain a registered agent with a physical Delaware address. This is true from the moment you file your formation documents and remains true for as long as the LLC exists. Our annual registered agent fee is $99, billed independently of the $199 formation service.
Can I form an LLC in Delaware if I live in another state?
Yes. You don't have to be a Delaware resident to form a Delaware LLC. You do, however, need a registered agent with a physical Delaware address — which our registered agent service covers at $99/year, billed separately.
Do I need an operating agreement for my Delaware LLC?
Delaware doesn't require you to file an operating agreement with the state, but you absolutely should have one. Banks require it to open a business account. Courts rely on it in disputes. Without one, Delaware's default LLC rules apply — which may not match your intentions. Our operating agreement template is a paid optional add-on, separately priced from formation.
How do I get an EIN for my Delaware LLC?
Apply directly on IRS.gov — it's free and takes about 10 minutes. You'll receive your EIN immediately after completing the online application. Never pay a third party for an EIN. Our EIN application help is a separately-priced add-on. Going direct via IRS.gov is also free and takes about ten minutes.
What's included in your formation service?
Here's what the $199 fee buys: we prepare and file your Delaware Certificate of Formation with the state. That's it. The $110 state fee goes directly to the Delaware Secretary of State. Registered agent, operating agreement, and EIN are each separate optional services.
Still Have Questions?
We're here to help. Reach out Monday through Friday and we'll answer any questions about forming an LLC in Delaware or how our services work.