How to Form an LLC in Delaware (2026)
Delaware LLC filing fee: $90. Processing time: 1–2 days. Step-by-step guide with costs, requirements, and where to file.
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.
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 →
Some links may be affiliate links. CostCrunch may earn a commission at no extra cost to you.
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 Articles of Organization
File your LLC formation documents (Articles of Organization) with the Delaware Secretary of State. The 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.
Total Cost to Form an LLC in Delaware
| Cost | Amount | Frequency |
|---|---|---|
| State filing fee (Articles of Organization) | $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 →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.
Was this calculator helpful?
Your feedback helps us improve CostCrunch
Thank you for your feedback! ✓
Save Your Results
Download a professional PDF report with your complete analysis, charts, and key insights.
Download Your Report
Enter your email to get your personalized PDF report. We'll also send you useful financial tips.
No spam. Unsubscribe anytime.
More Free Calculators
Break-Even Calculator
Find how many units to sell to cover costs
Markup & Margin
Convert between markup and margin percentages
Startup Cost Estimator
Estimate one-time and recurring startup costs
Loan Comparison
Compare loan options side by side
Profit Margin Calculator
Calculate gross, operating, and net margins
Employee Cost Calculator
Find the true cost of hiring an employee
Payroll Tax Calculator
Estimate employer payroll taxes by state
Cash Flow Forecast
Project cash flow and calculate runway
W-2 vs 1099 Calculator
Compare employee vs contractor costs
Self-Employment Tax Calculator
Estimate SE tax and quarterly payments for freelancers
Salary to Hourly Calculator
Convert between salary and hourly rate
Get notified when tax rates change
We monitor payroll tax rates, SUTA, and cost-of-living data across all 50 states. When rates change, we'll let you know. Free, no spam.
We respect your privacy. Unsubscribe with one click.