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LLC Costs · Verified September 12, 2026

What a Delaware LLC actually costs (2026)

Delaware's $110 formation fee is cheaper than Florida's and under half of Texas's. Then the state's actual price arrives: a flat $400 every June 1, no report, no proration, no activity test, plus the $200 you'll owe the day you miss it. A Delaware LLC is a $110 entrance and a $400-a-year subscription.

By Abdullah Riahi, Founder & Editor·August 28, 2026·6 min read
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The short answer

A Delaware LLC costs $110 to file, plus a $400/yr annual tax (flat) and a registered agent (~$125/yr) — about $635 in year one. Five-year cost: $2,110 in state fees acting as your own agent, or $2,735 with a typical $125/yr registered-agent service. The $400 annual tax is assessed if the LLC is active on the state's records at any time in the calendar year, and the Division states there is no proration, so an LLC formed in December owes the full $400 the following June. Every figure on this page was verified against the official state source on September 12, 2026.
Ready to form? Northwest handles Delaware for $39 + state fee →Registered agent included free for year one, then ~$125/yr · their address on the public record instead of yours

The full Delaware LLC cost table

CostAmountRequired?
Delaware state filing fee$110 one-timeYes
Recurring state cost$400/yr — Annual Tax (flat)Yes
Registered agent$0 as your own agent, or ~$125/yr for a serviceYes (one or the other)
EIN (federal tax ID)$0 direct from the IRSUsually
First-year total$510 as your own agent · $635 with a service
Five-year total$2,110 as your own agent · $2,735 with a service

Flat $400 annual tax for LLCs (raised from $300 by HB 400 in 2026; not the share-based corporate franchise tax); due June 1.

The $400 is the whole story

Delaware LLCs file no annual report. What they pay instead is a flat $400 annual tax, due on or before June 1 for the prior calendar year, paid online through the Division of Corporations' tax portal. The Division's own instructions add three sentences that decide most of the cost questions on this page: the tax is assessed if the entity is active on the state's records at any time between January 1 and December 31; there is no proration; and failure to pay by June 1 brings a $200 penalty plus 1.5% interest per month on tax and penalty combined. The rate rose from $300 under House Bill 400, signed in May 2026 — the June 2026 payment (for 2025) was the last at $300, and the first $400 bill is due June 1, 2027. Compared with the $138.75 Florida charges or the $0 Texas asks of most small LLCs, it is the second-highest fixed recurring cost of any state on this site after California's $800 minimum franchise tax.

Why 'forming in Delaware' costs a second set of fees

Delaware's $400 buys the Court of Chancery, investor familiarity and an LLC statute drafted for flexibility. It does not buy the right to do business anywhere else. An LLC formed in Delaware but run from Ohio, Texas or California must register as a foreign LLC in that state and pay that state's fees too — Texas charges $750 to register a foreign LLC, California adds its $800 minimum tax to any LLC doing business there. So a Delaware LLC operating elsewhere carries two registered agents (~$125 each), two annual bills, and two sets of paperwork. For a venture-backed startup whose investors require Delaware, that is the cost of doing business; for a one-person consultancy in Georgia, it is roughly $400 a year of Delaware branding on top of Georgia's $60. Our best-state analysis runs the arithmetic for every state.

Every other Delaware LLC fee, from the August 2026 schedule

The Division of Corporations revised its fee schedule on August 1, 2026, and it separates the filing fee from expedite fees and certified copies more clearly than most states. These are the LLC lines, checked September 12, 2026 against the schedule PDF. Note that the Division files by mail, fax or through your registered agent — Delaware has no free public online formation portal — which is why nearly every Delaware LLC pays an agent to file.

FilingFeeNotes
Certificate of Formation (domestic LLC)$110Filed by mail, fax or through a registered agent; includes the municipality fee
Foreign LLC Certificate of Registration$200For an out-of-state LLC registering to do business in Delaware
Annual tax (every June 1)$400No annual report; no proration; assessed for any year the LLC is active on the records
Late payment of the annual tax$200 + 1.5%/monthPenalty added June 2; interest on tax and penalty
Change of Agent Only Amendment$50Switching registered agents
Certificate of Amendment (domestic)$220Name change or any other change to the certificate
Certificate of Cancellation (domestic)$220Plus all annual tax due through the cancellation date
Revival of a domestic LLC$220Plus all unpaid tax, penalty and interest
Certified copy of any filing$50Per document, plus $2 per page
Certificate of good standing (short form)$50Banks and out-of-state registrations ask for this
Name reservation (120 days)$75Optional; also $75 to transfer or cancel
Same-day expedite on a formation$100Received by 2:00 pm Eastern; $200 on most other LLC filings
24-hour expedite on a formation$50$100 on most other LLC filings
2-hour / 1-hour priority service$500 / $1,000Per document, on top of the filing fee

Two lines deserve a second look. The Certificate of Cancellation is $220 plus all annual tax through the cancellation date — and because 6 Del. C. §18-1107 makes the $400 due upon cancellation, closing a Delaware LLC realistically costs $620 at minimum, which we walk through in our Delaware dissolution guide. And the expedite tiers are real: Delaware is the one state that will file your LLC within the hour for $1,000, which is why same-day Delaware formations are a standard offer from the big agents. A routine formation with no expedite is still processed within days.

The first-year bill, worked

Form on any date in 2026 and the sequence is: $110 to the Division at formation, an agent's fee if you use one (Northwest includes the first year in its $39; most agents charge $50–$300 a year after), then $400 on June 1, 2027 for tax year 2026 — regardless of whether the LLC formed in January or December, and regardless of whether it earned a dollar. Miss that date and it is $600 plus interest on June 2. The one cost Delaware never charges is the one most states do: there is no annual report fee, no publication requirement, and no state income tax on an LLC that earns nothing in Delaware — so for an out-of-state owner the $400 and the agent are, in practice, the entire recurring Delaware cost.

Check the math for your exact situation

Our LLC cost calculator computes first-year and five-year totals for all 51 jurisdictions from the same verified dataset as this page — including Delaware — and the full table is downloadable as CSV.

Form your Delaware LLC with Northwest →$39 + Delaware's $110 state fee · registered agent free for year one · see our full review for how we score them

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Frequently asked questions

How much does a Delaware LLC cost per year?expand_more
$400 — the flat annual tax due June 1, raised from $300 by House Bill 400 in 2026 (the first $400 payment is due June 1, 2027). There is no annual report. Add about $125 a year for a registered agent, which nearly every Delaware LLC needs because most owners live elsewhere.
Is the Delaware annual tax prorated for a new LLC?expand_more
No. The Division of Corporations states there is no proration and the tax is assessed for any calendar year in which the LLC is active on its records at any time. An LLC formed in December 2026 owes the full $400 on June 1, 2027.
What happens if I pay the Delaware LLC tax late?expand_more
A $200 penalty is added, plus 1.5% interest per month on the tax and the penalty together. The LLC also loses good standing, which means it cannot bring an action in a Delaware court until the balance is paid.
Does Delaware have an annual report for LLCs?expand_more
No. The annual report and share-based franchise tax apply to Delaware corporations. LLCs, LPs and general partnerships pay only the flat $400 annual tax and file nothing else with the Division.
Can I form a Delaware LLC online for $110?expand_more
Not through the state itself — Delaware has no free public formation portal. The Certificate of Formation is filed by mail, fax or, in practice, through a Delaware registered agent, which is why the realistic first-year cost includes an agent's fee on top of the $110.
Is a Delaware LLC worth $400 a year for a small business?expand_more
Usually not, unless investors require it or the business genuinely benefits from Delaware's Court of Chancery. A business operating in another state must register there as a foreign LLC anyway, so Delaware adds a second annual bill and a second registered agent without removing the home state's. Our best-state guide runs the five-year numbers for every state.

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