How to Form an LLC in Delaware (2026): $90 Filing Fee
$90 2026 state filing fee. 1–2 business days to process. Step-by-step guide to forming your Delaware LLC.
Forming an LLC in Delaware costs $90 in state filing fees and takes 1–2 business days. Annual maintenance costs $300 per year for the required report. Delaware is a top choice for startups due to business-friendly courts, though annual franchise taxes can be high.
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Delaware LLC Filing Fee (2026): $90
The Delaware Secretary of State charges $90 to file your Certificate of Formation. This is a one-time fee paid at formation. Standard processing takes 1–2 business days. After that, plan for a $300 annual report fee to keep your LLC active.
State Filing Fee
$90
One-time cost
Processing Time
1–2
Business days (standard)
Ongoing Report Fee
$300
Annual
Form Your Delaware LLC Online
These services file your Delaware LLC paperwork and include registered agent service, which is required by state law.
File your Delaware LLC for just the $90 state fee + their service fee. Includes registered agent, operating agreement, and compliance reminders.
Start your LLC in Delaware →
Free LLC formation service (you pay only the $90 state fee). Includes first year of registered agent, EIN, and business bank account setup.
Form free LLC in Delaware →
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How to Form an LLC in Delaware: Step by Step
Choose a Name for Your LLC
Your LLC name must be unique in Delaware and include "LLC" or "Limited Liability Company." Check availability on the Delaware Secretary of State website before filing. You can also reserve a name for a small fee (typically $10–$25) if you're not ready to file.
Appoint a Registered Agent
Delaware requires every LLC to have a registered agent — a person or company with a physical Delaware address who can receive legal documents on your behalf. You can be your own registered agent or use a service ($100–$300/year) for privacy and reliability.
File Certificate of Formation
File your LLC formation documents (Certificate of Formation) with the Delaware Secretary of State. The 2026 state filing fee is $90. Standard processing takes 1–2 business days. You can file online at the Delaware Secretary of State website or through a formation service.
Create an Operating Agreement
An operating agreement outlines how your LLC is managed, how profits are distributed, and what happens if a member leaves. While not always legally required in Delaware, it's strongly recommended — especially if you have multiple owners. Many banks require it to open a business account.
Get an EIN from the IRS
Apply for a free Employer Identification Number (EIN) at IRS.gov. You'll use it to open a business bank account, hire employees, and file your business taxes. The IRS issues EINs immediately online.
File Annual Reports & Maintain Compliance
Delaware requires an annual report to keep your LLC in good standing. The report fee is $300. Missing the deadline can result in late fees or administrative dissolution of your LLC.
You Might Also Need
Most people forming an LLC are starting or growing a business. These tools answer the questions that come right after formation.
Self-Employment Tax Calculator
As an LLC owner, you pay 15.3% SE tax on net income. See your quarterly payment amounts.
Startup Cost Estimator
Budget what it costs to open your doors — one-time and monthly costs by business type and city.
Break-Even Calculator
Find how many units to sell — or revenue to generate — before your business starts making money.
Employee Cost in Delaware
If you plan to hire: see total employer cost including SUTA, workers' comp, and benefits in Delaware.
Can I Afford to Start a Business?
Enter your savings, financing, and monthly expenses to see if you have enough to cover startup costs and a cash reserve.
Total Cost to Form an LLC in Delaware
| Cost | Amount | Frequency |
|---|---|---|
| State filing fee (Certificate of Formation) | $90 | One-time |
| Registered agent service | $0–$300 | Annual |
| Operating agreement (attorney or service) | $0–$200 | One-time |
| Annual report fee | $300 | Annual |
| Business bank account (varies) | $0–$35/mo | Monthly |
| Year 1 Total (estimated) | $90–$1,310 | First year |
Delaware Tax Environment for LLCs
State Income Tax
Yes
LLC income flows through to your personal state tax return.
SUTA Rate (Employer)
1.5%
State Unemployment Tax on first $14,500 of wages per employee.
As an LLC owner, you'll also pay self-employment tax (15.3% on net business income up to $184,500 in 2026) unless you elect S-Corp status. If you hire employees, see the full employer cost breakdown for Delaware.
LLC Formation in Other States
Ready to Start Your Business?
Get startup cost estimates, licensing requirements, and tools for your specific business type.
Browse Startup Guides by Business Type →Also Need a Business License in Delaware?
Forming an LLC is separate from getting a business license. See the full cost breakdown for Delaware business licenses, local fee ranges, and what you need to apply.
Delaware Business License Cost Guide →After You Form Your LLC
Check Your Grant Eligibility in Delaware
Many grant programs require an active LLC. See which Delaware and federal grants your new business qualifies for.
Compare Delaware LLC Costs vs Other States
See how Delaware's $90 filing fee compares to the most popular LLC formation states:
Get the Delaware LLC formation checklist
We'll send you a step-by-step guide to forming your LLC in Delaware, including filing links, registered agent options, and license requirements.
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