Forming a Delaware LLC costs between $140 and $600 to start, depending on how you handle it — plus $300 every year to keep it active.
Those are the real numbers. This post breaks down every cost you’ll encounter, what’s required versus optional, and what actually matters when comparing your options.
For the full step-by-step formation process, see our Delaware LLC formation guide →
The One-Time Costs
State Filing Fee: $90
This is the fee paid directly to the State of Delaware to file your Certificate of Formation — the document that officially creates your LLC.
It’s fixed. Every LLC pays $90, regardless of who files or how.
If you need your LLC formed faster than standard processing (which typically runs a few business days, but can vary with filing volume), Delaware offers expedited options:
|
Processing Speed |
Additional Fee |
|
Same-day (before 2pm ET) |
$100 |
|
2-hour |
$500 |
|
1-hour |
$1,000 |
For most founders, standard processing is fine. If you have a hard deadline — a contract to sign, a bank account to open, a funding close — the same-day option for an extra $100 is worth it.
EIN (Federal Tax ID): Free or $50–$150
An EIN is your company’s federal tax ID, issued by the IRS. You need it to open a US business bank account, hire employees, file federal taxes, and work with payment processors like Stripe.
US residents can apply directly on the IRS website for free. The online process takes about 10 minutes and the EIN is issued immediately on approval.
Non-US residents cannot use the IRS online system. Options include fax (typically 4–10 business days if you include a return fax number), mail (~4 weeks), or phone at +1-267-941-1099 where an IRS representative can issue the EIN on the call. Most non-resident founders work with a formation service to handle this, which adds $50–$150 to the process but avoids the paperwork and back-and-forth.
Formation Service Fee: $0 or $150–$300+
The Certificate of Formation can be filed directly through the Delaware Division of Corporations website. The state portal works, but it’s built for legal professionals who file regularly — not first-time founders navigating it once. A single incorrect field, a name that doesn’t match state formatting requirements, or a registered agent address entered incorrectly means the filing gets rejected and the process starts over.
A formation service handles the filing, reviews your documents before submission, and catches those issues before they become delays. For most founders, that’s worth more than the service fee.
If you have a straightforward formation and want to file yourself, it’s possible. If you’d rather it be done correctly the first time without spending an afternoon learning the state portal, a service makes sense. IncReg handles the full process →
The Ongoing Annual Costs
Delaware Franchise Tax: $300/year
Every Delaware LLC owes a flat $300 per year, due June 1. It’s not based on revenue — a company that made nothing pays the same as one that made $10 million.
Miss it and you’ll face a $200 late penalty plus monthly interest. Keep missing it and Delaware will administratively dissolve your LLC. Full details on the Delaware LLC franchise tax →
Registered Agent: $50–$300/year
Delaware law requires every LLC to maintain a registered agent — a person or company with a physical Delaware address who receives official legal and state correspondence on your behalf.
The quality difference between registered agent services matters more than most people realize. A basic service forwards mail. A good one sends compliance alerts before deadlines, manages your documents, and gives you someone to call when something shows up that you don’t recognize. The difference in annual cost is usually $50–$100. The difference in peace of mind is larger.
Learn about IncReg’s registered agent service →
Total Cost Summary
|
Scenario |
Year 1 Cost |
Annual Cost (Year 2+) |
|
US resident, filing alone |
$140 ($90 state + $50 registered agent) |
$350 |
|
US resident, using a service |
$290–$500 |
$350 |
|
Non-US resident, using a service |
$340–$600 |
$350 |
|
With same-day expedited filing |
add $100 to above |
$350 |
The $350 annual floor (franchise tax + registered agent) applies to every Delaware LLC, every year. There’s no way around it — both are legally required.
What You Don’t Need to Pay For Upfront
A few things that are commonly upsold but not required to get started:
Operating Agreement drafting — You need one, but Delaware doesn’t require you to file it with the state. A simple single-member operating agreement doesn’t require a lawyer. Have it written before you open a bank account — that’s when it gets requested.
Certified copies of formation documents — You’ll receive your Certificate of Formation when Delaware approves your filing. Certified copies cost extra and are only needed in specific situations (certain bank accounts, some government applications). Don’t pay for them unless you know you need them.
Annual report filing — Delaware LLCs don’t file annual reports. Only corporations do. If a service is charging you for an LLC “annual report filing fee,” ask exactly what that covers before paying.
Business address — Only needed if you want a Delaware mailing address separate from your registered agent. Not required for LLC formation.
How to Compare Formation Services
The $90 state filing fee never changes. What varies between services is everything else.
When comparing:
Look at the total first-year cost — not the headline price. Some services advertise $49 formation but add registered agent, EIN, and operating agreement as separate charges. The all-in number is what matters.
Check the registered agent renewal price — a cheap first year followed by a $200+ annual renewal changes the math quickly.
Ask what happens with a filing error — a good formation service reviews documents before submitting and corrects mistakes without charging extra. A bad one refiles and charges you again.
Find out if you can reach a person — for standard formations, you usually won’t need support. When a question does come up, the difference between a real answer and a help article is significant.
Forming from Outside the US?
The state costs are identical regardless of where you live. Delaware charges the same $90 to file and the same $300 annual franchise tax whether you’re in New York or Nairobi.
The differences are practical:
The EIN application can’t be done online as a non-resident. By fax it typically takes 4–10 business days (with a return fax number); by mail around 4 weeks. There’s also a phone option: +1-267-941-1099, where an IRS rep can issue the EIN on the call. Working with a formation service to handle this step removes the paperwork and follow-up from your plate.
US bank accounts at traditional banks require an in-person visit and typically a US address. Most non-resident founders use online business banking platforms like Mercury or Relay, which support remote account opening for non-residents.
Frequently Asked Questions
What is the minimum cost to form a Delaware LLC?
The minimum is $140 — $90 state filing fee plus $50 for the lowest-cost registered agent service. This assumes a US resident filing directly with the state and handling the EIN themselves.
Is there a recurring annual fee for a Delaware LLC?
Yes. Every Delaware LLC owes a $300 franchise tax each year, due June 1, plus an ongoing registered agent fee ($50–$300/year). The minimum annual cost is $350.
Do Delaware LLCs file an annual report?
No. Delaware LLCs are not required to file an annual report with the state. Only corporations file annual reports. Your only annual state obligation is the $300 franchise tax.
Can I file my own Delaware LLC without a formation service?
Yes. The Certificate of Formation can be filed directly at corp.delaware.gov for $90. The state portal is not designed for first-time filers — one incorrect field can reject the filing — but it is possible to do yourself.
How much does an EIN cost for a non-US resident?
The IRS does not charge a fee for EIN applications. However, non-US residents can’t apply online and typically work with a formation service that charges $50–$150 to handle the application via fax, mail, or phone on their behalf.
Bottom Line
- State filing fee: $90 (one-time, fixed)
- EIN: free for US residents; $50–$150 via service for non-residents
- Formation service: $150–$300+ depending on who you use
- Registered agent: $50–$300/year (required)
- Franchise tax: $300/year (required, due June 1)
Year 1 total: $140–$600. Year 2 onward: $350/year.
If you want clear pricing, accurate filing, and someone to handle the process from start to finish — that’s what IncReg is built for →
Have a specific question about what your formation will cost? [Reach out directly](https://increg.com/contact/) — you’ll get a straight answer from someone who handles this every day.
This article is for informational purposes only and does not constitute legal or tax advice. Consult a qualified attorney or tax professional for advice specific to your situation.