Form Your Delaware LLC
Choose the #1 state for business formation with the expert Court of Chancery, strong privacy protections, and investor-friendly business laws
Filed in Delaware
The First State · DE
- State filing fee$110
- Processing time2-3 weeks standard (expedite available)
- Our formation feeFree (you pay $100 if you choose a paid plan)
- Annual report$300 — due June 1st annually
- State tax rate8.7% corporate income tax
- Expedited optionSame day (+$100)
Form your Delaware LLC — pay only the state filing fee, nothing more.
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Everything to launch your Delaware LLC
Free formation means you pay only the $110 state filing fee. All core services are included at no extra charge.
Certificate of Formation filing
We prepare and submit your Certificate of Formation to the Delaware Division of Corporations.
Registered agent
Required in Delaware — we act as your agent for the first year.
EIN from the IRS
Your federal Tax ID — required to open a US business bank account and file taxes.
Operating agreement
Professionally drafted operating agreement — defines ownership, voting, and profit splits.
Benefits of forming an LLC in Delaware
Delaware is widely considered the gold standard for business formation. The state's Court of Chancery, flexible business laws, and strong privacy protections make it the top choice for businesses seeking credibility and investor-friendly structures. Over 1.5 million businesses are registered in Delaware.
Most business-friendly court system in the US (Court of Chancery)
Strong privacy protections - members not listed in public filings
No sales tax in Delaware
No state income tax on LLCs that do not operate in Delaware
Flexible and well-established business law framework
Over 60% of Fortune 500 companies are incorporated in Delaware
Key features of a Delaware LLC
- Court of Chancery provides expert business dispute resolution
- Members not required to be listed in public filings (privacy)
- No sales tax and no income tax for out-of-state operations
- Preferred state for venture capital and investors
Major industries in Delaware
Form your Delaware LLC in 6 steps
We handle every step while you stay in the loop. Processing takes 2-3 weeks standard (expedite available).
- 01
Choose Your LLC Name
Your name must include 'Limited Liability Company,' 'LLC,' or 'L.L.C.' Search the Delaware Division of Corporations database to confirm availability.
- 02
Appoint a Registered Agent
Delaware requires a registered agent with a physical address in the state. Many LLC owners use a registered agent service since they may not reside in Delaware.
- 03
File Certificate of Formation
Submit your Certificate of Formation to the Delaware Division of Corporations. The filing fee is $110. Same-day filing is available for an additional fee.
- 04
Create an LLC Agreement
Delaware strongly recommends an LLC Agreement (Operating Agreement). It defines the governance structure and is essential for multi-member LLCs.
- 05
Obtain an EIN
Apply for a free EIN from the IRS for tax purposes, banking, and hiring employees.
- 06
Pay Annual Franchise Tax
Delaware LLCs must pay a $300 annual franchise tax by June 1st each year. This is a flat fee regardless of revenue.
Delaware LLC costs at a glance
Kicker formation is free — you pay only the required state fees. No hidden charges.
Delaware LLC requirements checklist
Everything you need to form and maintain a Delaware LLC in 2026.
- File Certificate of Formation with Delaware Division of Corporations
- Appoint a registered agent with a physical Delaware address
- Create an LLC Agreement (strongly recommended)
- Obtain an EIN from the IRS
- Pay $300 annual franchise tax by June 1st
- Register in your home state if operating outside Delaware
Filing information
- Formation document
- Certificate of Formation
- Filing agency
- Delaware Division of Corporations
- Registered agent
- Required
- Operating agreement
- Recommended
- EIN
- Required
- Name reservation fee
- $75 (120 days)
Free formation — pay only the state fee
Kicker formation is free. You pay the $110 Delaware state filing fee and nothing more for the Starter plan. Optional plans add registered agent, EIN, operating agreement, and compliance.
Starter
- Certificate of Formation filing
- Name availability check
- Digital document delivery
- Formation status tracking
Booster
- Everything in Starter
- Registered agent (required in Delaware)
- EIN / Federal Tax ID
- Expedited processing (1–2 days)
- Operating agreement
- Priority support
- Kicker Voice — 3-day free trial
- Kicker Pay — free for 15 days
Founder
- Everything in Booster
- Business mailing address
- Bookkeeping — 3 months free
- Dedicated account manager
- Rush processing
- Kicker Voice — 6-day free trial
- Kicker Pay — free for 30 days
Kicker
- Everything in Founder
- ITIN filing & preparation
- Same-day priority processing
- 2nd year annual filing $0
- Kicker Voice 12-day + Kicker Pay 60 days free
Compare all plans on our pricing page.
Delaware LLC questions, answered
Common questions about forming an LLC in Delaware. Can't find an answer? Talk to our team.
Why is Delaware so popular for LLC formation?
Delaware is the most popular state for business formation due to its expert Court of Chancery, strong privacy protections, flexible business laws, and favorable tax treatment for out-of-state operations. Over 60% of Fortune 500 companies are incorporated here.
How much does a Delaware LLC cost?
The state filing fee is $110. The annual franchise tax is $300 (flat fee). Our service fee starts at $100 plus the state fee. Same-day filing is available for an additional $100.
Do I have to live in Delaware to form an LLC there?
No. You can form a Delaware LLC from any state or country. You only need a registered agent with a physical address in Delaware. However, if you operate in another state, you may need to register as a foreign LLC there.
What is the Court of Chancery?
The Court of Chancery is a specialized business court in Delaware with judges who are experts in corporate law. Cases are decided by judges (not juries), leading to faster, more predictable outcomes for business disputes.
Does Delaware have sales tax?
No. Delaware has no state sales tax, which can be a significant advantage for retail and e-commerce businesses operating within the state.
What are the ongoing costs for a Delaware LLC?
The main ongoing cost is the $300 annual franchise tax due by June 1st. There is no annual report filing fee separate from the franchise tax. You also need to maintain a registered agent in Delaware.
Delaware government filing resources
Filing fees for common LLC services
Official Delaware state charges for the filings you may need after formation — our service fee is separate, and we confirm the current amount before filing.
$75.00 for all entity types (domestic and foreign), effective for 120 days.
Fee is the same for all entity types (domestic and foreign).
Learn moreCertified Copies (all entities, domestic and foreign): $50.00 per document PLUS $2.00 per page for the copies.
Apostille - commercial use: $30.00 each.
Limited Liability Companies, Foreign Certificate of Registration: $200.00.
Learn moreDelaware has NO state or local sales tax, so sales-tax permits, seller's permits and resale/reseller certificates do not exist and 'sales for resale' are not exempt.
Learn moreLimited Liability Companies, Amendment - domestic: $220.00 (filing fee plus municipality fee).
Learn moreState filing fee $50 for the LLC Change of Agent Only amendment (6 Del.
Learn moreLimited Liability Companies, Cancellation - domestic: $220.00, PLUS annual taxes owed to cancel.
Learn moreEverything you need to run your Delaware LLC
Formation is the first step — stay compliant and operational with these services.
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Ready to form your Delaware LLC?
Formation is free — you pay only the $110 Delaware state filing fee. Personal-asset protection, pass-through taxation, and a complete document package, filed in 2-3 weeks standard (expedite available).
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