How Much Does an LLC Cost in Delaware? (Formation Fees)

Jon Morgan
Published by Jon Morgan | Co-Founder & Chief Editor
Last updated: August 18, 2026
FACT CHECKED by Aran Quinn, CPA, Esq., LL.M
Methodology
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Forming an LLC in Delaware costs $110. That's the fee for the Certificate of Formation, paid to the Division of Corporations. Add a separate $75 state business license and you're clear to operate.

The biggest recurring cost comes after that. Delaware charges a flat $300 LLC tax every June 1, no matter how much the business earns. That rate climbs to $400 for the 2026 tax year, first due in 2027.

Below is every fee you might see. One filing is mandatory. A few taxes and licenses recur every year. The rest, like a registered agent or a trademark, are optional.

Quick Summary

  • File the Certificate of Formation online. It processes faster than a mailed paper filing.
  • Put June 1 on your calendar every year. Delaware's LLC tax has no grace period once the deadline passes.
  • Skip paid EIN services. The IRS issues an Employer Identification Number free, directly on its own website.
Cost ItemAmountFrequencyRequired?
Certificate of Formation$110One-timeMandatory
Delaware business license$75 (first location)Every yearMandatory
Registered agent service$0 (self) or $80–$300Every yearOptional
Name reservation$75One-time (120 days)Optional
LLC annual tax$300 (2025 tax year), $400 (2026 tax year+)Every year, due June 1Mandatory
Operating agreement$0 (template) to $1,000+ (attorney)One-timeOptional
DBA (trade name) registration$25One-timeOptional
Certified document copies$50 plus $2 per pageAs neededOptional
Certificate of Good Standing$50 (short form) or $175 (long form)As neededOptional
Trademark registration$150 ($100 filing plus $50 certificate)One-time (renews every 10 years)Optional
EIN from the IRS$0One-timeRecommended

Cost to Start an LLC in Delaware

1. Certificate of Formation ($110 - Mandatory)

This filing creates your LLC with the Delaware Division of Corporations. Delaware raised the fee from $90 to $110 in 2024, so any guide still quoting the older number is out of date.

You also need a Delaware business license before you start operating, which is a separate charge covered in the next section.

2. Registered Agent Service Fee ($80-$300 Annually - Optional)

Delaware law requires every LLC to keep a registered agent with a physical street address in the state [1]. Acting as your own agent costs $0, as long as your LLC has a Delaware address. Any member can act as the agent.

Most out-of-state owners hire a third-party registered agent instead. Prices for that service typically run $80 to $300 a year. It depends on the provider, and on whether it bundles compliance alerts or mail scanning.

3. Name Reservation ($75 - Optional)

Reserving a name before you're ready to file costs $75 and holds it for 120 days. Skip this step if you plan to form your LLC in Delaware right away. The Certificate of Formation itself locks in the name once you file.

Reserve a name online through the state's name reservation tool, linked in the table above, or mail or fax in a paper application instead. Online reservations post a confirmation page right away, and the fee doesn't come back if you skip filing.

Expenses Following the Approval of Your LLC

The formation filing is only the start. Here are the other LLC filing fees a Delaware LLC owner runs into. Some are mandatory. Others are optional.

1. Business License ($75 - Mandatory)

The Division of Revenue requires every Delaware LLC to hold a state business license that costs $75 for a single location. A separate license applies to each distinct business activity the LLC runs.

The license covers one calendar year from the date it's issued. After the first year, Delaware also sells a three-year license. It costs exactly three times the annual rate, so there's no discount for buying ahead.

2. Professional Licensing (Depending on the Profession - Mandatory)

Law, accounting, medicine, cosmetology and contracting all need their own state license on top of the standard business license. Delaware requires this separate license from the Division of Professional Regulation for anyone practicing a licensed profession.

The filing fee varies by profession and by board. Check the specific licensing board that governs your field. Get the current amount there before you budget for it.

3. LLC Annual Tax ($300, Rising to $400 - Mandatory)

This charge is a flat annual tax, not a franchise tax tied to revenue. It applies whether or not the business earns anything that year [2]. The rate steps up by tax year: $300 for 2025, due by June 1, 2026, then $400 for 2026 and beyond, first payable by June 1, 2027.

Miss the deadline and the state adds a flat $200 penalty. Interest of 1.5% then piles up for every month the balance stays unpaid. There's no requirement to file an annual report alongside the tax, unlike Delaware corporations.

4. Operating Agreement ($0 - $1,000+ - Optional, but Recommended)

Delaware doesn't require an LLC operating agreement. Skip one, though, and state default rules take charge of profit splits, voting and what happens when a member leaves. Writing your own spells out those terms instead.

A free template covers a single-member LLC with no attorney needed. Multi-member LLCs with unusual ownership splits or outside investors often need more. Expect to pay an attorney $300 to $1,000 or more to draft one instead.

5. Doing Business As (DBA) Name ($25 - Optional)

Registering a DBA costs $25 if your LLC operates under a name other than the one on its Certificate of Formation. Delaware changed how this filing works. As of February 2, 2026, you register statewide through Delaware One Stop, run by the Division of Revenue. You no longer file separately with each county's Prothonotary office.

The $25 fee now covers the whole state in one filing, and notarization is no longer required. A DBA also requires an active Delaware business license, and once registered it doesn't expire or need renewal.

6. Certified Document Copies ($50 + $2 per additional page - Optional)

A certified copy proves a document you filed with the Division of Corporations is genuine. Each one costs $50, plus $2 for every additional page beyond the first.

Banks and lenders often ask for a certified copy of the Certificate of Formation. They want it before opening a business account or approving a loan. Order it at the same time you file to avoid a second request later.

7. Certificate of Good Standing ($50-$175 - Optional, but Recommended)

A Certificate of Good Standing shows your LLC has paid its taxes and stays current with the state. The Division of Corporations charges $50 for the short form, which states the name and current status.

Need more than that? The long form costs $175 and lists every document ever filed for the LLC. Some lenders and out-of-state agencies specifically require it.

8. Trademark Registration ($150 - Optional)

Registering a trademark or service mark with Delaware protects your business name or logo inside the state. The filing fee is $100, plus a $50 fee for the Certificate of Registration once it's approved, for $150 total.

A Delaware trademark stays valid for 10 years. You can renew it for another 10-year term after that. It only protects you within Delaware, though. A business operating nationally usually pairs it with a federal USPTO filing.

9. Employer Identification Number ($0 - Optional, but Recommended)

An EIN costs $0. The IRS issues this federal tax ID number directly. You need one to open a business bank account. You also need it to hire employees or file most federal tax forms.

Apply through the IRS EIN application, linked in the table above, which issues the number immediately online. Skip any formation service that charges extra for this step.

Not sure which LLC is right for you? Let us help.


FAQs

What Happens If a Delaware LLC Never Pays Its Annual Tax?

The LLC's Certificate of Formation gets canceled once the annual tax goes unpaid for three straight years. The state then treats the business as no longer in good standing, on top of the penalty and interest that piled up along the way.

What Payment Methods Can I Use to Pay Delaware's LLC Fees?

The payment methods you can use to pay Delaware's LLC fees include an electronic payment straight from a checking account, or a Visa, Mastercard, American Express, or Discover credit card.

Do I Have to File an Annual Report for My Delaware LLC?

No, Delaware LLCs don't file an annual report. Instead, every LLC pays a flat annual tax directly to the Division of Corporations, due each year by June 1.

Can I Register Multiple DBAs Under One Delaware Business License?

Yes, one Delaware business license can cover multiple DBAs. You don't need a separate business license for every trade name your LLC registers.


References:

  1. https://delcode.delaware.gov/title6/c018/sc01/index.html
  2. https://delcode.delaware.gov/title6/c018/sc11/index.html

Fees and requirements on this page come from the Delaware Division of Corporations, the Delaware Division of Revenue, and the Delaware Code. All figures are current as of 2026.

About The Author

Co-Founder & Chief Editor
Jon Morgan, MBA, LLM, has over ten years of experience growing startups and currently serves as CEO and Editor-in-Chief of Venture Smarter. Educated at UC Davis and Harvard, he offers deeply informed guidance. Beyond work, he enjoys spending time with family, his poodle Sophie, and learning Spanish.
Learn more about our editorial policy
Growth & Transition Advisor
LJ Viveros has 40 years of experience in founding and scaling businesses, including a significant sale to Logitech. He has led Market Solutions LLC since 1999, focusing on strategic transitions for global brands. A graduate of Saint Mary’s College in Communications, LJ is also a distinguished Matsushita Executive alumnus.
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3 thoughts on “How Much Does an LLC Cost in Delaware? (Formation Fees)

  1. Aw, this was an extremely nice post. Spending some time and actual effort to generate a great article… but what can I say… I procrastinate a whole lot and don’t manage to get anything done.

  2. I decided to act as my own registered agent to save money, but now I’m rethinking it after reading about the convenience of professional services. The annual costs seem worth it

  3. The section on the absence of state income tax in South Dakota really caught my attention. It’s such a big incentive for entrepreneurs—thanks for pointing that out.

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