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Delaware LLC guide

How to form an LLC in Delaware

Start with the state charge, then look at the bill that comes back. This page separates the one-time filing from recurring state fees so the five-year cost is clear.

Initial filing
$110

Certificate of Formation, $110

Recurring charge
$400

Annual Alternative Entity Tax, $400 per year. No annual report.

Three-year state total
$1,310

Filing plus recurring payments in the period.

Five-year state total
$2,110

Annual equivalent: $400.00.

The short answer

Forming an LLC in Delaware starts with certificate of formation, $110. The recurring obligation is annual alternative entity tax, $400 per year. no annual report.. Due rule: The tax for the prior year is due on or before June 1 each year.

The filing office named in the checked record is Delaware Department of State, Division of Corporations. Use the official source on this page for the live form, current fee schedule, and filing channel. State offices change forms and fees, so the verification date matters.

State cost schedule

Planning periodInitial filingRecurring payments countedState total
Year one$110$400$510
Three years$110$1,200$1,310
Five years$110$2,000$2,110

The recurring column follows the payment cycle in the checked record. An annual charge can appear once in a one-year view and five times in a five-year view. A biennial charge lands only in the years when the cycle calls for payment. That timing is why the calculator counts payments inside the period instead of multiplying every fee by the number of years.

How to read the recurring fee

The label matters as much as the amount. An annual report fee, a statement of information charge, and a minimum entity tax can all recur, but they are not interchangeable filings. Use the exact due rule on this page for your calendar and use the official source to confirm the form name before the first deadline.

If the recurring amount is zero in the checked record, that does not always mean nothing is due. Some states require a report without a filing fee. Keep the report on the calendar even when the payment line is zero.

Formation checklist

  1. Choose the legal name. Check the state business-name rules and search the official entity database before printing cards, signing a lease, or opening accounts.
  2. Choose the registered agent. The agent needs a qualified Delaware address and must be available to receive official papers. Decide whether that will be you, another eligible person, or a paid service.
  3. File the formation document. Submit the form through Delaware Department of State, Division of Corporations and pay certificate of formation, $110.
  4. Write the operating agreement. Record owners, contributions, authority, money rules, and exit terms. Keep it with company records even if the state does not collect it.
  5. Get tax and bank accounts in order. Apply for an EIN when required, open business banking, and separate personal money from company money from day one.
  6. Calendar the recurring charge. The tax for the prior year is due on or before June 1 each year. Add a reminder well before the deadline and save the state confirmation after each filing.

What the state total does not include

The five-year figure on this page is a state formation and recurring-fee total. It does not include income tax, franchise tax beyond a charge explicitly named in the source record, sales tax, payroll tax, local business licenses, industry permits, insurance, bookkeeping, or professional fees.

If the business will operate in another state, price foreign registration there as well. A formation in Delaware does not remove duties where employees, property, or sales activity create a second registration obligation.

Before you pay for help

A filing service can be worth paying for when your time is tight or the ownership is not simple. Compare the service quote with the state-only baseline in the LLC True Cost Calculator. If a quote bundles a registered agent, ask for the renewal price. Low first-year promotions can become the largest line in year two.

State notes from the checked record

  • Delaware raised the LLC annual tax from $300 to $400 for tax year 2026, payable in 2027. Older guides still showing $300 are out of date.
  • Late payment adds a $200 penalty plus monthly interest. The tax is not prorated.

Next steps

Run the five-year calculator, read the registered agent guide, and keep the recurring report checklist with your formation records.

Common questions

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

The state filing fee in the checked record is $110. Over five years, state filing and recurring state fees total $2,110 before taxes, licenses, or optional services.

What recurring state charge should I expect in Delaware?

Annual Alternative Entity Tax, $400 per year. No annual report.. Due rule: The tax for the prior year is due on or before June 1 each year.

Does this page file the LLC for me?

No. FormThatLLC publishes cost information and a calculator. File through the official state channel or with a professional you choose.