LLC by State Guide › Compare › Texas vs Delaware
Texas vs Delaware LLC (2026)
Delaware is cheaper to form, by $190. Texas is cheaper to keep, by $400 a year. Over five years Texas costs $1,410 less in state fees. Mainstay Filing, our best overall pick, files in either state for $199 a year.
- Official sources, checked October 20, 2026
Side by side
Mainstay Filing
Our rating: 4.9 out of 5
$199 / year, same at renewal
- LLC formation, prepared and filed
- Registered agent, all year
- EIN application (with an SSN or ITIN)
- Annual report filed every year it is due where the state requires one
- Compliance reminders and stored documents
Price from the Mainstay Filing pricing and FAQ pages, checked October 21, 2026. State fees are passed through at cost and shown before you pay.
Questions
Is Texas or Delaware cheaper for an LLC?
Delaware is cheaper to form, by $190. Texas is cheaper to keep, by $400 a year. Over five years Texas costs $1,410 less in state fees.
Which has the lower filing fee, Texas or Delaware?
Texas: $300. Delaware: $110.
Do I need a registered agent in Texas and Delaware?
Texas: required. Delaware: required.
Sources
- Tex. Bus. Orgs. Code § 3.005 (certificate of formation); LLC filing fee under Tex. Bus. Orgs. Code ch. 4, subch. D (§ 4.154 — certificate of formation, $300) (multira state research spine): www.sos.texas.gov/corp/forms/806_boc.pdf, checked August 12, 2026
- Texas yearly filing: Annual report, official source read 2026-10-01: comptroller.texas.gov/taxes/publications/98-806.php, checked October 1, 2026
- Texas report due date (multira state research spine, due dates verified 714/714): statutes.capitol.texas.gov/Docs/TX/htm/TX.171.htm, checked August 12, 2026
- Texas registered agent statute (Tex. Bus. Orgs. Code § 5.201): www.sos.texas.gov/corp/forms/401_boc.doc, checked October 20, 2026
- 6 Del. C. § 18-201 (Certificate of formation); filing fees under 6 Del. C. § 18-1105(a)(3) (multira state research spine): delcode.delaware.gov/title6/c018/sc02/index.html, checked August 12, 2026
- Delaware formation fee: Filing fee, official source read 2026-10-01: delcode.delaware.gov/title6/c018/sc11/index.html, checked October 1, 2026
- Delaware yearly filing: Recurring obligation, official source read 2026-10-01: corp.delaware.gov/alt-entitytaxinstructions/, checked October 1, 2026
- Delaware yearly filing: Recurring obligation, official source read 2026-10-01: corp.delaware.gov/paytaxes/, checked October 1, 2026
- Delaware yearly filing: HB 400, official source read 2026-10-01: legis.delaware.gov/json/BillDetail/GetPdfDocument?fileAttachmentId=653909, checked October 1, 2026
- Delaware registered agent statute (6 Del. C. § 18-104): delcode.delaware.gov/title6/c018/sc01/index.html, checked October 20, 2026