Fact-checked and updated September 14, 2026.
A Delaware LLC costs $110 to form for the Certificate of Formation on the Division of Corporations fee schedule revised August 1, 2026 (that amount equals the filing fee plus municipality fee for domestic LLCs). Delaware LLCs do not file an annual report. Instead, budget the flat $400 annual LLC tax due on or before June 1 following each tax year. You can file through the Division’s document-filing service or use ZenBusiness Starter for a $0 formation service fee plus the same $110 state fee. Optional services cost extra.
This guide is for creating a new Delaware LLC. If you already have an LLC formed in another state, check Delaware’s foreign-qualification requirements before creating a second company. Out-of-state operators typically need a commercial Delaware registered agent.
Have your Delaware LLC filing prepared for you
ZenBusiness Starter: $0 formation service fee plus Delaware’s $110 filing fee. Choose optional services only after reviewing their renewal terms.
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Prefer DIY? File directly with Delaware eCorp / Document Filing.
Delaware LLC costs: required fees and optional extras
Start with the Delaware Division of Corporations fee schedule (revised August 1, 2026) and the alternative-entity tax instructions. These are government charges, separate from anything a formation company bills you.
| Expense | Amount | When it applies |
|---|---|---|
| Certificate of Formation | $110 | Required when forming the LLC (filing + municipality fee) |
| Minimum formation total | $110 | Excludes optional purchases and operating expenses |
| Annual LLC tax (no annual report) | $400 | Due on or before June 1 following each tax year |
| Annual tax late penalty | $200 + 1.5%/mo interest | When the $400 tax is late |
| Certified copy of the filing | $50 | Optional |
| 24-hour expedite | $50 | Optional; in addition to $110 |
| Same-day expedite | $100 | Optional; in addition to $110 |
Budget example: $110 to form plus $400 for the first annual tax equals $510 across those two Division obligations (an LLC effective in 2026 typically owes its first $400 tax by June 1, 2027). That is not an all-in startup budget: permits, insurance, taxes in other jurisdictions, professional help, and subscriptions are separate.
Do not use $300. Some older Division howtoform text still mentions a $300 LLC tax. The controlling figures for this guide are $400 from the live tax instructions, statute (6 Del. C. § 18-1107), and the August 2026 formation letter.
Should you file with Delaware or use ZenBusiness?
Choose DIY if you are comfortable preparing a short Certificate of Formation, arranging a Delaware registered agent, and tracking the annual tax yourself. Choose a filing service if you prefer a guided questionnaire and help preparing the paperwork. Either way, you decide ownership and management in your private LLC agreement—Delaware’s public certificate is intentionally minimal.
| Decision | Direct Delaware filing | ZenBusiness Starter |
|---|---|---|
| Base formation cost | $110 state fee | $0 service fee + $110 state fee |
| Who prepares the submission? | You complete the state form | Service prepares it from your answers |
| Registered agent | You arrange a Delaware agent | Separate from the base formation package |
| Future charges | $400 annual LLC tax and your other expenses | Same state obligations, plus any retained paid services |
ZenBusiness lists Starter at $0 without a base-plan renewal. Its optional first year of Worry-Free Compliance renews at $199/year; registered-agent service is listed at $199/year (intro pricing may show about $99 for the first year—confirm at checkout). EIN and operating-agreement services are separate Starter purchases. Check the current package terms and checkout selections.
A free introductory service can become a recurring expense. Before paying, review the initial total, renewal amounts, and cancellation terms. Keep a copy of your selections. A reminder is not confirmation that a required state filing was submitted, and the state filing fee remains separate.
Prefer help preparing the Certificate of Formation?
Use the guided application when you are ready with your business details and registered-agent choice.
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Can you be your own Delaware registered agent?
Every Delaware LLC must maintain a registered agent with a Delaware street address. If the business is physically located in Delaware, it may act as its own registered agent under Division guidance. A member may serve only if they provide a qualifying Delaware street address. Out-of-state founders almost always use a commercial Delaware agent. See Delaware how-to-form guidance.
Consider whether you can reliably receive legal documents at that Delaware address during business hours. Compare document-delivery procedures, change-of-agent fees, and renewal costs before choosing.
Plan your address use before filing. The Certificate of Formation publicly lists the Delaware registered office and agent. Other company addresses may appear in private records, banking files, or later tax filings. Hiring an agent does not automatically hide every business address you use elsewhere. Supply accurate information on the certificate.
How to file your Delaware LLC: a practical checklist
- Check the name. Search the Division entity database and include Limited Liability Company, L.L.C., or LLC. Optional name reservation is $75 for 120 days. Filing acceptance is not a trademark clearance.
- Arrange the Delaware registered agent and office. The certificate must name the agent and Delaware street address. Do not invent an address you cannot use.
- Prepare the short-form certificate. Delaware formation is minimal: name, registered agent/office, and signature of an authorized person. Put ownership and management rules in a private operating agreement—not on the public certificate unless you intentionally add optional provisions.
- Review and submit. Use Delaware eCorp / Document Filing or mail to the Division in Dover. Pay $110, plus any expedite tier you select (24-hour $50, same-day $100, or higher priority tiers on the schedule).
- Confirm acceptance. Save the filed certificate and receipts. Optional short-form Certificate of Status is $50; long-form $175 on howtoform guidance.
How long does approval take?
Standard mail timing varies; paid expedite tiers follow Division cutoff rules on the expedited-services page. A service’s preparation time is separate from Delaware’s review. ZenBusiness lists standard preparation at 7–10 business days before state processing; faster service preparation does not guarantee immediate state approval.
If a financing or contract depends on the LLC, leave room for name conflicts and corrections. Completing an online questionnaire is not the moment the company is approved.
Delaware LLC annual tax: what happens after formation? (no annual report)
Delaware LLCs do not file an annual report with the Division of Corporations. The recurring Division obligation is the flat annual LLC tax of $400 (alternative entity tax). It is not an income-tax return, and there is no proration—if the LLC is active anytime January 1–December 31 of the tax year, the tax is assessed. See the LLC/LP/GP franchise tax instructions.
Example: an LLC effective in 2026 owes its first $400 tax on or before June 1, 2027. Set reminders for May, verify payment confirmation, and do not confuse this with a report filing. Late payment adds a $200 penalty plus 1.5% interest per month on tax and penalty.
Registered series have separate series-tax rules ($100 per series on the instructions researched for this guide). If you buy compliance assistance, check that the tax payment was actually submitted—reminders are not receipts.
Starting near year-end? Confirm any future effective date/time rules with the Division when needed. Choose the date around your actual start; the tax year still follows calendar presence rules, so a late-year formation can still create a June 1 obligation the following year.
After filing: get the business ready to operate
- Document how the LLC works. An operating agreement can set ownership, contributions, decision-making, distributions, and exit arrangements. Delaware’s filing office generally does not require you to file the agreement with the formation paperwork—keep it with your company records. For multiple owners, resolve disagreements before money or contracts are committed.
- Get an EIN when needed. Form the entity first, then use the free IRS application if eligible. An EIN service fee pays someone to assist; it is not an IRS charge. Save the confirmation for banking and tax records.
- Separate business finances. Ask the bank for its document checklist and establish a bookkeeping process. Use the correct legal business name on applications and contracts; keep any trade-name registrations consistent.
- Check taxes and operating permissions. LLC formation does not itself select S-corporation taxation or issue a professional license. The IRS explains LLC tax classifications. Identify the state and local requirements for your actual work before opening.
- Check the current BOI rule. As of this review, FinCEN exempts entities created in the United States from beneficial-ownership reporting. A newly created domestic LLC generally falls within that exemption. Consult FinCEN directly before buying a BOI filing add-on.
For a simple one-owner operation, organize these tasks into a short checklist. Where ownership, investors, or tax elections are complicated, formation paperwork alone will not resolve those decisions.
Ready to start your Delaware LLC?
Review the filing information and checkout total before submitting. Keep the confirmation and put the first $400 annual tax on your calendar.
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Match insurance to the work your LLC performs
Entity formation and insurance solve different problems. Ask the insurer to identify the correct business and operations; ask clients or landlords what coverage and certificate of insurance they require. Use the relevant guide to compare coverage:
- Delaware cleaning business insurance
- Delaware food truck insurance
- Delaware HVAC insurance
- Delaware landscaping insurance
- Delaware daycare insurance
Continue with the Delaware business guide for the broader startup process.
Delaware LLC questions before you file
What is the cheapest way to form a Delaware LLC?
The minimum state filing total is $110 for the Certificate of Formation (filing fee plus municipality fee on the August 1, 2026 schedule). Filing directly avoids a third-party preparation charge; ZenBusiness Starter also advertises a $0 formation service fee. Optional certified copies, expedite fees, and the later $400 annual tax are additional.
Does Delaware require an annual report for LLCs?
No. Delaware LLCs do not file an annual report with the Division of Corporations. Instead, pay the flat $400 annual LLC tax on or before June 1 following the close of the calendar tax year.
Is the Delaware LLC annual tax $300 or $400?
Use $400. The Division’s alternative-entity tax instructions, 6 Del. C. § 18-1107, and the August 2026 formation letter state $400. Older howtoform language that still mentions $300 is stale.
Does forming an LLC give me a Delaware business license?
No. Formation creates the entity with the Division of Corporations. Licenses, tax accounts, and local approvals for your work are separate; check your industry and location before opening.
Can I get an EIN without buying a service?
Yes. The IRS issues EINs free. Form the LLC first, then check eligibility for the IRS online application or use its alternative application instructions.
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