Delaware LLC Filing Requirements and Fees

How Much Does It Cost to Start an LLC in Delaware?

Legal business registration — and making sure your business remains compliant — involves some necessary expenses. Some of these costs are payable to the Delaware Division of Corporations, while others are due to additional state entities or the federal government. Here are some of the most common requirements and fees.

Please note that Delaware business license and permit fees may need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

Initial Delaware LLC Fees

You’ll need to file as an LLC with the Delaware Division of Corporations and pay a filing fee when you first formally form your business. Here are the current Delaware LLC fees and filing times:

When you form your LLC with us, Incfile will charge you this fee and forward it to the Delaware Division of Corporations when we file your formation paperwork.

Employer Identification Number

Every LLC in the U.S. should obtain a unique Employer Identification Number (EIN) from the Internal Revenue Service. You'll use it when you open a business bank account, file taxes and pay employees. It's available at no cost from the IRS, or have Incfile obtain one for you.

Foreign LLCs

When you want to do business in a state other than the one where your business is based, you must create a foreign LLC.

Delaware Foreign LLC Registration

Foreign companies are those which are formed in another state or country. In order to transact business in Delaware these entities must file Foreign Qualification forms with the Delaware Division of Corporations for a Foreign LLC.

The qualification application must be accompanied by a certificate of good standing or a certificate of existence from the domestic state of formation. Register your out-of-state foreign company online by filing your forms for a Certificate of Registration of a Foreign LLC with the DOC. The filing fee for a Delaware Foreign LLC is $200. The state may have additional requirements so contact the Delaware Division of Corporations for more information.

Foreign Qualification to Operate in Another State

If you plan to expand your Delaware LLC into another state, you’ll first need Foreign Qualification or a Certificate of Authority or Compliance from that state. This is necessary if you'll have a physical presence, employees or banking in that state.

This process will likely require you to complete an application and pay a filing fee. Each state typically has its own requirements, so you’ll want to contact the state government entity that administers business (usually the Secretary of State) for specific instructions.

If you need assistance, Incfile provides complete Foreign Qualification service for all states.

Annual Franchise Tax Requirements

Most states require businesses to file an annual (or other periodic) report with the Secretary of State. For the state of Delaware, the Division of Corp orations requires an annual franchise tax to be paid by Delaware LLCs once every year. The set fee of the annual franchise tax. Here are the Delaware annual report filing requirements:

Delaware Business License and Permit Requirements

As a business owner, it’s your responsibility to make sure you have the proper state, federal or local business licenses to operate your Delaware LLC. Some of the associated fees only need to be paid once, while others are ongoing charges.

Permits and licenses vary based on:

Operating Agreements

The state of Delaware doesn't require you to have an LLC Operating Agreement in place.

An Operating Agreement is a document that covers the rights and duties of the business members, how the business will be run, how managers and members are chosen and several other key areas. It's usually filed with your Articles of Formation at the time that you formally form your business.

This document can be extremely helpful in making sure you’re organized and prepared for any future events that may affect your business.

Other Potential Delaware LLC Fees or Requirements

It is normal for your business to pay and meet several other fees and requirements during the life of your LLC. These ad hoc fees will only be payable in specific circumstances, as listed below.

Obtaining a Fictitious Name or DBA

If you wish to establish a Delaware DBA or fictitious name, you must register your fictitious name with the county that your business is in within the state of Delaware and pay a filing fee of $25.

Changing the Registered Agent

Your LLC needs a Delaware Registered Agent, which you must appoint when you file your Articles of Formation. You can also switch to a new Registered Agent later - for a fee of $50 - by filing a change of agent form with the Delaware DOC.

Reserving a Name for Your LLC

If you don’t want to form your LLC right away, you can reserve a business name for 120 days with the Delaware DOC. Simply reserve your entity online or by submitting your reservation in writing, and pay a filing fee of $75. First, perform a Delaware business search and learn about business name rules to ensure you choose a name that meets state requirements.

Amending Certain Facts About Your LLC

Your business formation documents state certain facts about your Delaware business at the time it's formed. Over time, these facts may change. If they do, you'll need to file a form for a Certificate of Amendment with the Delaware Division of Corporations for a filing fee of $200. You can do this yourself or have Incfile file the amendments on your behalf.

Getting a Delaware Certificate of Compliance

Some organizations will request that you prove your LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you’ll need a Certificate of Good Standing from the Delaware Division of Corporations. You can obtain one by ordering a Certificate of Good Standing from the DOC, and paying a fee of $50.

The fees listed above detail many of the charges a standard LLC will be required to pay in Delaware. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes. More information about taxes can be found on the Delaware Business Tax page.