How to Incorporate in Delaware

What will it cost to incorporate in Delaware?

$89 Delaware certificate of incorporation filing fee. There is a $9 fee to file more than one page.

What are the costs involved in forming a Delaware LLC?

Delaware LLC certificate of formation will cost $90

How long will it take to get my Delaware Incorporation or Delaware LLC processed?

It will take the Delaware Secretary of State about 3 weeks to process your Delaware certificate of incorporation. You can mail or fax documents to the SOS.  Expedited options include 24 hour, same day, two hour and one hour options. We recommend faxing and expediting your filing.

Do I need to reserve a name before I can incorporate in Delaware?

No, Delaware doesn’t require name reservations. However, when starting a business in Delaware, you will need a unique name. You can perform a free business name search online to find one.

What am I going to be looking at for ongoing fees to Delaware?

All Delaware corporations are required to file an annual report and pay the Delaware franchise tax. Exempt domestic corporations do not pay a tax fee but must file an Annual Report. The Annual Report filing fee is $50 plus taxes. Taxes and Annual Reports are due no later than March 1st of each year. The minimum tax is $75 up to a maximum tax of $180,000.

Limited Liability Companies formed in the state of Delaware do not file an annual report. However, they are required to pay an annual tax of $250. Tax fees are due no later than June 1st of each year.

What are the Delaware business taxes?

The Delaware Corporate net income tax rate is 8.7%. Banks have a graduated cheaper rate for income over 20 million down to 2.7%.
There is a gross receipt tax of .104 – 2.7% on income over about $200,000 each quarter. There is a franchise tax upon the authorized shares or gross assets, usually about $100 unless you have a ton of shares and assets.

The Delaware personal net income tax rate(s) are:

$0-2,000 = 2.2%

$2,000-5,000 = 3.9%

$5,000-10,000 = 4.8%

$10,000-20,000 = 5.2%

$20,000-25,000 = 5.55%

$25,000+ = 6.95%

There are also a lot of local income taxes with an average rate of .16%. There is no Delaware sales tax.

When we incorporate your business in Delaware, our service includes:

  • Drafting custom articles for a Delaware LLC or Delaware corporation.
  • The Delaware incorporator initial resolution for a corporation, or Delaware organizer if Delaware LLC.
  • Ratified Delaware corporate bylaws, or operating agreement if Delaware LLC.
  • The state of Delaware incorporation filing fees.
  • Delaware registered agent service.
  • Our service fees are: $100 for Delaware incorporation service and $125 for Delaware registered agent.
  • All for a total of only $315 for a Delaware LLC or $314 for a Delaware corporation.