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Delaware LLC

How to Start an LLC in Delaware

A practical overview of the filing cost, formation process, annual requirements, and topics to review before forming an LLC in Delaware.

Start here if you are deciding on a Delaware LLC

Delaware is popular for flexible LLC law, investor familiarity, and a mature business court system, but a Delaware LLC still has a registered agent requirement and a $300 annual tax. If the business operates elsewhere, compare Delaware plus the operating state, not Delaware alone.

Comparing total cost?Check the filing fee, recurring costs, optional services, and tax registration costs.Ready to file?Search the name first, then file Articles after the name looks usable.Selling or hiring?Separate the IRS EIN from state tax or employer registration before you operate.

Delaware LLC at a glance

Formation filing fee
$110

Initial state filing fee in the 2026 comparison data.

Annual / recurring fee
$300 every year

State-level recurring cost listed in the 2026 comparison data.

Registered agent
Required

Most LLCs need a registered agent or equivalent official contact.

EIN application
$0

When requested directly from the IRS.

Complete guide available

Delaware LLC cost guide

See Delaware LLC costs in 2026, including state filing fees, recurring fees, registered agent, EIN, taxes, licenses, and common add-on costs.

Read full guide

How to form a Delaware LLC

  1. 1

    Choose and check a business name

    Check whether the name is distinguishable from existing businesses in Delaware.

  2. 2

    Choose a registered agent

    Maintain a registered agent and registered office that meet the state's requirements.

  3. 3

    File the formation document

    Submit the Articles of Organization or equivalent formation document through the state's filing office.

  4. 4

    Complete the post-formation basics

    Create an operating agreement, apply for an EIN when needed, and check tax, license, and employer registrations.

Important considerations

  • The initial filing fee is only one part of the cost. Annual reports, franchise taxes, registered-agent service, licenses, and local requirements may also apply.
  • Tax registration depends on the business activity, location, employees, and tax programs that apply.
  • Forming in Delaware does not automatically eliminate registration requirements in the state where the business actually operates.

Delaware LLC guides

Use these topic pages when you need the details behind a specific filing, tax, name, agent, or post-formation step.

CostSee Delaware LLC costs in 2026, including state filing fees, recurring fees, registered agent, EIN, taxes, licenses, and common add-on costs.TimeSee Delaware LLC processing time factors in 2026, including online filing, paper filing, name issues, registered agent mistakes, EIN timing, and next steps.NameLearn how to search a Delaware LLC name in 2026, check distinguishability, avoid name rejection, and separate legal names from DBAs, domains, and trademarks.Registered AgentUnderstand Delaware registered agent rules for LLCs in 2026, including who can serve, address requirements, privacy tradeoffs, and when to use a service.ArticlesLearn how to file the Delaware LLC formation document in 2026, what information to prepare, what the filing fee covers, and what to do after approval.AgreementLearn what a Delaware LLC operating agreement should cover in 2026, why banks and partners ask for it, and how it supports ownership and management.EINLearn when a Delaware LLC needs an EIN in 2026, how to apply through the IRS for free, and how EIN timing affects banking, payroll, and tax accounts.Annual ReportUnderstand the main recurring Delaware LLC filing or compliance task for 2026, including deadlines, fees, good standing, and how it differs from federal taxes.LicensesLearn which licenses and permits a Delaware LLC may need in 2026, including sales tax, local permits, professional licensing, employer accounts, and regulated work.TaxesUnderstand Delaware LLC taxes in 2026, including federal classification, state tax registration, sales tax, payroll accounts, recurring fees, and local obligations.