LLC Filing Fees in Delaware
In Delaware, filing an LLC certificate of formation costs $110, LLCs file no annual report, and every LLC pays a flat $400 annual tax due by June 1.
Last checked . General information, not legal advice.
Delaware at a glance
- Formation filing fee
- $110
- Division of Corporations fee schedule amount; it equals the statutory filing fee plus the municipality fee.
- Annual or biennial report fee
- $0 (no report)
- Delaware LLCs do not file an annual report, but they must pay the $400 annual tax.
- Report frequency
- No report (annual tax due June 1)
- The annual tax for the prior year is due on or before June 1. Late payment adds a $200 penalty plus interest.
- Annual LLC or franchise tax
- Yes, $400 annual tax
- Flat annual tax on every domestic LLC and every foreign LLC registered in Delaware.
The rules in Delaware
How much does it cost to form an LLC in Delaware?
Formation filing fee in Delaware: $110. Division of Corporations fee schedule amount; it equals the statutory filing fee plus the municipality fee.
How much is the LLC annual report fee in Delaware?
Annual or biennial report fee in Delaware: $0 (no report). Delaware LLCs do not file an annual report, but they must pay the $400 annual tax.
How often must an LLC file a report in Delaware?
Report frequency in Delaware: No report (annual tax due June 1). The annual tax for the prior year is due on or before June 1. Late payment adds a $200 penalty plus interest.
Does Delaware charge an annual LLC tax or franchise tax?
Yes, $400 annual tax. Annual LLC or franchise tax in Delaware: yes, $400 annual tax. Flat annual tax on every domestic LLC and every foreign LLC registered in Delaware.
Where do the Delaware LLC filing fees come from?
The rules above come from 6 Del. C. 18-1105 and 6 Del. C. 18-1107. Each source is linked on this page. We last checked them in October 2026.
Good to know
Under 6 Del. C. 18-1107(b) the annual tax is $400, and the Division of Corporations states the same amount. Unpaid tax bears interest of 1.5% per month.
What this means in practice
Filing fees are often set in a state fee schedule and can change. Check the secretary of state's current fee schedule before you file, and expect extra charges for optional services such as expedited processing, certified copies, or name reservations.
Missing a required report or tax payment can lead to late fees and, after a period, administrative dissolution or loss of good standing. Put the due date on a calendar from the day the LLC is formed, since the first report may be due within the first year.
An LLC formed in one state that does business in another state may need to register there as a foreign LLC. That registration usually carries its own filing fee and its own report obligations in the second state.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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