What a Delaware LLC Actually Costs

Bringing a Delaware LLC into existence involves a single mandatory state charge: the fee to file the Certificate of Formation with the Division of Corporations. The Division charges $110 to file it, and that's the same whether you file yourself or use a service. We don't mark it up; what we charge for the state fee is what the state charges.

What the formation fee covers

The state fee pays for Delaware to review and record your Certificate of Formation, which lists your company name and registered agent. Once accepted, your LLC legally exists and you receive a stamped copy. The formation itself is a one-time event.

Optional add-ons at formation

• Expedited processing. Delaware sells rush service on top of the filing fee: next-day runs $50 to $100, same-day $100 to $200, two-hour $500, and one-hour $1,000. It's optional and only worth it under a real deadline.
• Name reservation. If you want to lock your name before filing, Delaware will hold it for 120 days for $75. Most people skip this and simply file when ready.
• Certified copies or a Certificate of Good Standing. Banks or other states sometimes ask for these later. A certified copy of the Certificate of Formation is an extra $50 if you order it with the filing.

Every Delaware LLC must maintain a registered agent with a physical Delaware address, and for the vast majority of owners (who live out of state) that means a commercial registered agent. This is a recurring cost, typically billed annually.

Why it's non-negotiable

The registered agent requirement comes straight from 6 Del. C. § 18-104. You can't run a compliant Delaware LLC without one. A Delaware resident, or the LLC itself if it keeps a real business office in Delaware, could serve and skip the fee. But that address goes on the public record, and the statute expects whoever serves to be present there often enough to accept legal papers. A virtual office or mail-forwarding address doesn't qualify. Almost everyone forming a Delaware LLC from out of state pays for a commercial agent, and it's a modest, predictable line item.

When you form through us, registered agent service is included in the flat yearly fee (every year, not just the first), so you're not tracking a separate provider, a separate renewal date, or a separate bill.

Here's where Delaware differs from most states. Instead of an annual report with a filing fee, Delaware LLCs pay a flat annual tax of $400 (it's often called the franchise tax). It's the same amount every year, no matter how much the company earned, how many members it has, or whether it did any business at all.

Key facts about the annual tax

• It went up in 2026. House Bill 400 raised the LLC tax from $300 to $400, starting with tax year 2026. Older guides quoting $300 are out of date.
• It's flat. Unlike Delaware's corporation franchise tax, which can be calculated several ways and vary widely, the LLC tax is a single set amount. It also isn't prorated, so an LLC formed late in the year still owes the full $400 for that year.
• It's due June 1 for the prior calendar year, paid online through the Division of Corporations. An LLC formed in 2026 makes its first payment by June 1, 2027.
• There's no annual report. The payment is the entire yearly state obligation for an LLC.

Miss the June 1 deadline and the state adds a $200 penalty plus 1.5% interest a month on the tax and penalty, so the cost of forgetting is real. For entities we manage, we track the deadline, remind you ahead of time, and can pay it on your behalf so it never becomes an issue.

The formation fee, registered agent, and annual tax are the core costs, but a complete budget accounts for a few others depending on how and where you operate.

If you operate outside Delaware

This is the big one. Forming in Delaware does not exempt you from the state where you actually run the business. If you operate from, say, Georgia, you'll likely need to register the Delaware LLC as a foreign LLC in Georgia and pay Georgia's registration fee, its ongoing report or tax, and a Georgia registered agent. That's a second full set of costs. For a single-state business, this is often why forming at home is cheaper than forming in Delaware.

Other potential costs

• Business license. If you conduct business in Delaware, a Delaware business license from the Division of Revenue applies; if you operate elsewhere, licensing follows that location.
• EIN. Free directly from the IRS. When you form with us, we apply for it for you as part of the package; nobody should charge you for the number itself.
• Amendments. Changing only your registered agent costs $50 in state fees. A name change is a separate amendment with its own fee.
• Certificates. A Certificate of Good Standing or certified copy carries a state fee when a bank or another state requests one.
• Dissolution. Formally closing the LLC requires filing a Certificate of Cancellation, which has its own state fee, and you must be current on the annual tax to file it.

Put simply, budget for two buckets. The one-time bucket is the state's $110 formation fee (plus any optional expedite or reservation). The recurring bucket is the $400 annual tax plus agent service. Both are flat and predictable, and neither is tied to revenue. (Form with us and the second bucket simplifies further: the agent rides along inside the one yearly service price.)

Where the total can balloon is multi-state operation. Every state you actually do business in adds its own registration, agent, and annual costs. That's not a Delaware quirk (it's how doing business across state lines works), but it's the number people most often overlook when they assume Delaware is automatically the cheapest choice.

The honest answer is that a Delaware LLC is very affordable to form and maintain in Delaware, and the decision should hinge less on cost and more on whether Delaware's legal environment fits your plans (raising investment, holding assets, operating nationally). If it does, the costs are modest and predictable. If you're a local single-state business, run the numbers against forming at home first: $110 up front and $400 every June 1 in Delaware, plus your home state's foreign registration and yearly fees.