2026 Guide

How to Start an LLC in Delaware

The complete guide to filing fees, Division of Corporations forms, and requirements.

The American LLC Research Team

Formation, Compliance and Tax Research

Last reviewed September 2026

Filing Fee

$90

Processing Time

1–2 business days

Compliance

Annual LLC Tax

Delaware annual report fee verified September 2026 against the Delaware Division of Corporations. Other fees on this page are being re-verified; confirm them on the official fee schedule before you file.

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Step 1: Choose Your Business Type

Select your industry to see a custom guide for Delaware.

Home Improvement & Construction

Handyman→Electrician→Plumbing→HVAC→Roofing→Solar Panel→Construction→Painting→Fencing→Flooring→

Cleaning & Maintenance

Cleaning→Pressure Washing→Car Detailing→Pool Cleaning→Pest Control→Landscaping→Home Inspection→Junk Removal→

Digital & Technology

Web Design→App Development→Cybersecurity→Digital Marketing→Graphic Design→Freelance Writing→Virtual Assistant→Dropshipping→YouTuber→

Professional & Business

Real Estate→Accounting→Bookkeeping→Consulting→Notary Public→Logistics→Trucking→Travel Agency→Airbnb→

Food, Retail & Events

Food Truck→Catering→Bakery→Coffee Shop→Vending Machine→Clothing Brand→Candle Making→Event Planning→Photography→

Personal Care & Education

Personal Training→Gym→Life Coaching→Daycare→Tutoring→Dog Walking→Interior Design→

1Name Your Delaware LLC

The first listing requirement is ensuring your business name is unique. It must be distinguishable from other entities registered with the Division of Corporations. You must also include a designator like "LLC" or "Limited Liability Company" to comply with state statutes.

2Assign a Registered Agent

Every Delaware LLC must appoint a Registered Agent. This individual or business entity agrees to accept legal documents (Service of Process) on behalf of your company. They must have a physical street address in Delaware (not a P.O. Box) and be available during regular business hours.

3File Articles of Organization

To officially create your entity, you must file the Articles of Organization with the state. The filing fee is $90. This fee is non-refundable. Most entrepreneurs choose to file online for faster approval, which typically takes 1–2 business days.

4Get Your EIN & Bank Account

Once your LLC is approved, apply for an EIN (Employer Identification Number) from the IRS. This nine-digit number is required to open a business bank account, hire employees, and file taxes. Keeping your business finances separate from personal accounts is critical for maintaining your liability protection.

Delaware LLC Cost Breakdown

The cost to open an LLC in Delaware includes both the initial filing fee and ongoing compliance fees. Here is the breakdown:

ItemEstimated Cost
State Filing Fee (LLC)$90
Annual Report Fee$400
Report Due DateJune 1
Notes & Hidden CostsFlat $400 annual LLC tax (no report)

* Fees are payable to the Division of Corporations and are subject to change.

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Common Questions in Delaware

How much does it cost to start an LLC in Delaware?
The state filing fee for a Delaware LLC is $90, paid once to the Division of Corporations. If you use a formation service, you pay this state fee plus the service's own charge.
How long does it take to get an LLC in Delaware?
Standard processing in Delaware takes about 1–2 business days, though it varies with filing volume. Expedited processing (same day) is available for an extra $100.
Does Delaware require an Annual Report?
Delaware LLCs do not file an annual report, but they must pay a flat annual LLC tax by June 1. House Bill 400 raised it from $300 to $400 starting with the 2026 tax year, so the first $400 payment is due June 1, 2027. Paying late adds a $200 penalty plus interest.
Is there a minimum annual tax or fee for Delaware LLCs?
Delaware LLCs pay a flat annual LLC tax due June 1 — that is the entire annual obligation; LLCs do not file an annual report (that requirement applies only to corporations). House Bill 400, signed May 21, 2026, raised the tax from $300 to $400 starting with the 2026 tax year, so the first $400 payment is due June 1, 2027. It is owed even if the LLC operates entirely outside Delaware, and paying late adds a $200 penalty plus 1.5% monthly interest.
Do I need to file a BOI report with FinCEN for my LLC?
No — not if your LLC was formed in the United States. FinCEN's interim final rule of March 2025, made permanent by a final rule on August 14, 2026, exempts all U.S.-created companies, including LLCs, and their U.S. owners from Beneficial Ownership Information reporting under the Corporate Transparency Act. Only entities formed under foreign law that register to do business in a U.S. state must still report. Be wary of mailers or emails demanding a BOI filing fee.
View all Delaware FAQs & Legal Data →

Sources

Delaware annual report fee verified September 2026 against the Delaware Division of Corporations. Other fees on this page are being re-verified; confirm them on the official fee schedule before you file.

Cost ranges for startup, insurance, job rates and revenue are estimates, not figures from these sources. Fees change; confirm with the agency before you file.