How Much Does It Cost to Form a Delaware LLC? (Full 2026 Breakdown)
Forming a Delaware LLC costs between $160 and $600 to start, depending on how you handle it — plus $400 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: $110
This is the fee paid to the State of Delaware to file your Certificate of Formation — the document that officially creates your LLC.
It’s fixed. Every LLC pays $110, regardless of who files or how.
If you need your LLC formed faster than standard processing (which typically takes a few weeks, depending on the state’s queue), Delaware offers paid expedited processing.
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 — expedited filing is worth it. IncReg includes it in the Standard and Premium plans and adds it to Starter for $99.
EIN (Federal Tax ID): Free From the IRS
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 with an SSN or ITIN can apply on the IRS website for free.
Non-US residents cannot use the IRS online system. Options include fax (generally within 4 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. Many non-resident founders have a formation service handle this. IncReg includes the EIN in its Standard and Premium plans, adds it to Starter for $129, and charges $229 for a standalone EIN without an SSN or ITIN.
Formation Service Fee: $0 or $150–$300+
You can file the Certificate of Formation yourself 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. See IncReg’s LLC formation plans →
The Ongoing Annual Costs
Delaware Franchise Tax: $400/year
Every Delaware LLC owes a flat $400 per year, due June 1 — raised from $300 by House Bill 400, starting with the 2026 tax year. 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 cancel your LLC’s certificate of formation. 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 emails you each document that arrives, with next steps for anything 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 | $160 ($110 state + $50 registered agent) | $450 |
| US resident, using a service | $290–$500 | $450 |
| Non-US resident, using a service | $340–$600 | $450 |
| With expedited filing | add the expedite fee | $450 |
| Using IncReg | From $359 ($249 Starter plan + $110 State fee; first-year registered agent included) | $519 ($400 franchise tax + $119 registered agent renewal) |
The $450 annual floor (franchise tax + registered agent) applies to every Delaware LLC, every year. There’s no way around it — both are legally required.
For the minimum you must pay and the extras you can skip, see our guide to the cheapest way to form a Delaware LLC →
How to Compare Formation Services
The $110 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.
Check how support works — for standard formations, you usually won’t need support. When a question does come up, a clear answer to your question is worth more than a help article.
Forming from Outside the US?
The state costs are identical regardless of where you live. Delaware charges the same $110 to file and the same $400 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 the IRS generally sends the EIN back within 4 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
Is there a recurring annual fee for a Delaware LLC?
Yes. Every Delaware LLC owes a $400 franchise tax each year, due June 1 (raised from $300 starting with the 2026 tax year), plus an ongoing registered agent fee ($50–$300/year). The minimum annual cost is $450.
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 $400 franchise tax.
Can I file my own Delaware LLC without a formation service?
Yes. You can file the Certificate of Formation yourself at corp.delaware.gov for $110. 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 often have a formation service handle it. At IncReg the EIN is included in the Standard and Premium plans, $129 as an add-on to Starter, or $229 on its own without an SSN or ITIN.
Bottom Line
- State filing fee: $110 (one-time, fixed)
- EIN: free from the IRS; at IncReg included in Standard and Premium, otherwise $129 ($229 standalone without an SSN or ITIN)
- Formation service: $150–$300+ depending on who you use
- Registered agent: $50–$300/year (required)
- Franchise tax: $400/year (required, due June 1)
Related guides
Have a specific question about what your formation will cost? Reach out directly — you’ll get a clear answer from our Delaware formation specialists.
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.
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