Delaware LLC Cost in 2026

Last updated: 2026-10-07

Delaware pairs a modest $110 filing fee with a $400 annual tax that rose in 2026 — and no annual report at all. This guide breaks down every verified Delaware LLC cost, the HB 400 tax increase, and what moves your total. llcformation.io/ is an independent private service — not a government agency.

The Delaware LLC filing fee: $110

To form an LLC in Delaware you file a Certificate of Formation with the Division of Corporations. The state filing fee is a flat $110.

Delaware's formation filing is famously straightforward. But do not confuse a simple filing with a cheap one: Delaware's ongoing cost is among the highest of the popular formation states.

Read the full Delaware LLC guide for the step-by-step formation process.

Full Delaware LLC cost breakdown

Every verified cost line, first year and ongoing:

At formation (mandatory):

• State filing fee (Certificate of Formation) — $110
• EIN (Employer Identification Number) — $0 if you apply directly with the IRS

Ongoing (mandatory):

• Delaware annual tax — $400 per year, paid to the Division of Corporations, due June 1. Delaware LLCs do not file an annual report — the tax payment is the recurring obligation
• HB 400 change: the tax rose from $300 to $400 effective January 1, 2026, so the first $400 payment is due June 1, 2027 (corp.delaware.gov)

Optional extras:

• Registered agent service (practically required for out-of-state founders) — every Delaware LLC must maintain a Delaware-registered agent; pricing to be confirmed, contact us on WhatsApp for a quote
• Operating agreement — not filed with the state; drafted privately (a one-time cost if you hire help)
• Certified copies / good standing certificates — per-item state fees if you need them for banking
• Foreign qualification — Delaware LLCs operating elsewhere must qualify in those states, each with its own fees

First-year mandatory total: $510 ($110 filing + $400 annual tax). Year two onward: $400/year — owed in full even with zero income or activity.

What makes your Delaware LLC total higher or lower

What moves your Delaware LLC total up or down:

Lower:

• The $400 is flat. Unlike franchise taxes based on revenue or assets, Delaware's tax does not grow with your business — it is the same $400 whether you earn $0 or $10M.
• Get your own EIN. The IRS issues EINs free.
• No Delaware income tax for out-of-state LLCs. An LLC that does not do business in Delaware generally owes no Delaware income tax beyond the $400 tax.

Higher:

• You must have a Delaware registered agent with a Delaware street address — non-residents cannot serve as their own agent, so a service is a practical necessity.
• Foreign qualification. Most Delaware LLCs actually operate in another state, which usually means registering (and paying annual fees) there too. The Delaware LLC plus your home-state registration is two cost stacks.
• No wiggle room on the tax. There is no small-business reduction — $400 is $400.
• DIY errors on the Certificate of Formation mean amendments and more fees.

"Cheap state" myths — an honest look at Delaware

Delaware is the most mythologized formation state. The honest version:

• Myth: Delaware is cheap. Reality: at $510 in year one and $400 every year, Delaware costs more than Wyoming ($100 filing, $60 minimum annual) or most states. Its value is legal infrastructure — the Court of Chancery, deep case law, investor familiarity — not price.
• Myth: the annual tax is still $300. Reality: HB 400 raised it to $400 effective January 1, 2026. Budget for $400.
• Myth: Delaware means no taxes at all. Reality: the $400 tax is mandatory, and if you operate in another state you owe that state's taxes and qualification fees too. "Delaware" on the certificate does not make your home-state obligations disappear.
• Myth: small LLCs should default to Delaware. Reality: for a small business that operates in one state, forming in that state is usually simpler and cheaper. Delaware's advantages matter most for startups seeking investors or businesses needing its legal framework.

Choose Delaware for what it actually offers — a mature business-law ecosystem — not because you heard it was cheap.

Our service fee vs. government fees

When you work with llcformation.io/, your total has two clearly separated parts:

1. State government fees — paid to the Delaware Division of Corporations (for example, the $110 filing fee and the $400 annual tax). These are set by the state, and we never mark them up.
2. Our service fee — our charge for preparing your documents, handling the filing, acting as your point of contact, and guiding you through each step. Pricing to be confirmed — contact us on WhatsApp for a quote.

See our pricing page for the full breakdown. Optional services such as EIN assistance, an operating agreement draft, or registered agent service are quoted separately and always labeled clearly — never mixed into the government fee. We also track your June 1 annual tax deadline so you never miss it.

Ready to form your Delaware LLC? Reach us on WhatsApp at +92 314 9150035 or visit our contact page.

Frequently asked questions