LLC by State Guide

LLC by State Guide › Delaware

The Delaware LLC guide (2026)

A Delaware LLC is formed by filing the Certificate of Formation of a Limited Liability Company with the Delaware Secretary of State. The state filing fee is $110. No annual report. Every Delaware LLC pays a $400 annual tax by June 1 (raised from $300 starting with tax year 2026). Every Delaware LLC must keep a registered agent with a Delaware street address.

  • Official sources, checked October 20, 2026
  • Prices verified October 2026

Delaware LLC fees and rules

State filing fee
$110
Formation document
Certificate of Formation of a Limited Liability Company
Yearly filing
No annual report. Every Delaware LLC pays a $400 annual tax by June 1 (raised from $300 starting with tax year 2026).
Registered agent
Required. The LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.
Agent address
The address has to be a registered office in Delaware. An entity agent keeps a business office there that is generally open; an individual agent has to be generally present there. A virtual office or mail-forwarding service alone does not qualify.
Filing fee rank
27th lowest of 50 (26 states charge less, 21 charge more)

Delaware compared with neighboring states

StateFiling feeYearly filing
Delaware$110$400 tax
Maryland$100$300 / yr
New Jersey$100$75 / yr
Pennsylvania$125$7 / yr

All 50 states

How to form an LLC in Delaware

  1. Pick a name with “LLC” or “Limited Liability Company” in it, and check that it’s free on the Delaware Secretary of State business records.
  2. Name a registered agent: the LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.
  3. File the Certificate of Formation of a Limited Liability Company with the Delaware Secretary of State and pay $110.
  4. Get an EIN from the IRS. It is free and comes after the LLC is formed.
  5. Sign an operating agreement among the members. It sets ownership and voting rules and stays with your records.
  6. File the yearly report. No annual report. Every Delaware LLC pays a $400 annual tax by June 1 (raised from $300 starting with tax year 2026).

Mainstay Filing takes care of the agent, the filing, the EIN application for $199 a year plus Delaware’s fees.

Best overall for a Delaware LLC

Mainstay Filing

Our rating: 4.9 out of 5

$199 / year, all-in, plus state fees

$199 a year plus Delaware’s $110 filing fee, which is passed through at cost.

  • LLC formation, prepared and filed
  • Registered agent, all year
  • EIN application (with an SSN or ITIN)
  • Compliance reminders

The same $199 at renewal. Already have an LLC and only need an agent? Mainstay Filing’s registered agent service alone is $149 a year.

Prices verified October 21, 2026 on Mainstay Filing’s pricing and FAQ pages.

Delaware LLC questions

How much does it cost to start an LLC in Delaware?

$110 to the state to file. No annual report. Every Delaware LLC pays a $400 annual tax by June 1 (raised from $300 starting with tax year 2026). With Mainstay Filing, the formation filing, registered agent and EIN application are $199 a year on top of the state fees.

Does Delaware require an annual report for LLCs?

No annual report. Every Delaware LLC pays a $400 annual tax by June 1 (raised from $300 starting with tax year 2026).

Do I need a registered agent in Delaware?

Yes. The LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.

Can I form a Delaware LLC myself?

Yes. You can file the Certificate of Formation of a Limited Liability Company directly with the Delaware Secretary of State and pay the $110 fee. A service such as Mainstay Filing files it for you and adds the registered agent, EIN application and compliance reminders for $199 a year.

Other formation services

  • Northwest Registered Agent: $39 plus the state fee, with its registered agent service included the first year, then $125 a year; annual report filing is an extra $100 plus the state fee.
  • ZenBusiness: Starter package $0 plus the state fee; Pro is $199 a year with the EIN and annual-report filing, and its registered agent is a separate $199 a year that no package includes.
  • Bizee: Basic package $0 plus the state fee (Standard $199, Premium $299), with one free year of its registered agent, which is $149 a year after that.
  • LegalZoom: Basic package $0 plus the state fee (Pro $249, Premium $299); its registered agent is $249 a year for first-time agent customers.

Prices from each company’s own pages, checked October 20, 2026. Plus the state fee in every case.

Sources