FormByStateState guide
How to form an LLC in Delaware
Forming an LLC in Delaware costs $110 in state filing fees to start, before any service or agent charges. This page lists the filing steps, the full state fee table, the registered agent rule, and the report rule that keeps the company in good standing.
Run the Delaware numbers in the calculator
The steps
Step 1: Choose a name
Pick a company name and confirm it is available in Delaware. The name search sits with Delaware Department of State, Division of Corporations. Keep the name distinct from companies already on the state register.
Step 2: Appoint a registered agent
An individual resident of Delaware or an entity with a physical place of business in Delaware, as registered agent. The LLC itself may serve if it has a Delaware business office.. Decide now whether that will be you or a commercial service, because the filing asks for the agent name and address.
Step 3: File the Certificate of Formation
File with Delaware Department of State, Division of Corporations and pay the state formation fee of $110. This filing is what creates the LLC.
Step 4: Write an operating agreement
An operating agreement records who owns the company, who runs it, and what happens if an owner leaves. It is an internal document in most states, but banks and partners ask for it.
Step 5: Get a tax ID number and set your calendar
Apply to the Internal Revenue Service for an employer identification number at no charge, open a company bank account, and record the No annual report required deadline from this page so the first report is never a surprise.
Every state fee
| Charge | Amount |
|---|---|
| Formation fee, Certificate of Formation | $110 |
| No annual report required, no recurring cycle | $0 |
| Annual LLC tax | $400 each year |
| Paid to the state, year one | $510 |
| Paid to the state, every year after | $400 |
Registered agent rules in Delaware
Who may serve: An individual resident of Delaware or an entity with a physical place of business in Delaware, as registered agent. The LLC itself may serve if it has a Delaware business office..
A physical street address in the state is required.
A post office box alone is not enough. Registered office must be a physical street address in Delaware.
Not sure which route fits you? Run the registered agent checker for Delaware.
Reports and deadlines
Report: No annual report required. Fee: $0 each filing, no recurring cycle.
Rule: No recurring report is required for LLCs in this state. Exact dates depend on your formation date. The compliance calendar for Delaware turns the rule into dates from your formation date.
What you pay the state every year after
On the do it yourself route you pay the state $400 every year after year one in Delaware, counting the report fee spread across its filing cycle and any annual state fee. The formation fee itself is paid once, in year one. A formation service and a commercial agent add their own charges on top of that floor. The cost calculator preset for Delaware adds each service route to the same state fees so you can compare totals fairly.
Frequently asked questions
How much does it cost to form an LLC in Delaware?
The state filing fee in Delaware is $110 for the Certificate of Formation. What you pay the state in year one comes to $510 in our data, counting any report fee due in year one and any annual state fee. A formation service and a commercial agent add their own charges on top.
How much does an LLC in Delaware cost each year?
The recurring state charges in Delaware are: Annual LLC tax $400 each year. After year one, you pay the state $400 a year in our data.
Do I need a registered agent in Delaware?
Yes. An individual resident of Delaware or an entity with a physical place of business in Delaware, as registered agent. The LLC itself may serve if it has a Delaware business office. Registered office must be a physical street address in Delaware.
When is the No annual report required due in Delaware?
No recurring report is required for LLCs in this state The fee is $0 each filing.
Source: Delaware Department of State, Division of Corporations, https://corp.delaware.gov/howtoform/. State information checked on 2026-10-25. Service prices on this site were checked on merchant pricing pages on October 25, 2026.