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How to Form an LLC in Delaware Yourself (2026 Costs and Steps)

Last verified against official Delaware sources on 2026-09-15.

State filing fee
$110
Form
Certificate of Formation of a Limited Liability Company
Filed with
Delaware Department of State, Division of Corporations
Processing time
Not published by the state
Annual report
Not required
State LLC tax
$400 (Limited Liability Company Annual Tax)
Be your own registered agent
Yes, if you meet the rules below
Official Delaware filing page (opens in a new tab)

Quick answer

The total state cost to file online is $110. File your Certificate of Formation with the Delaware Department of State, Division of Corporations at https://corp.delaware.gov/document-upload-service-information/.

Step 1: Check that your LLC name is available

Search the agency's business name records before filing to ensure your desired name is available.

Step 2: Choose a registered agent

Your registered agent may be the LLC itself or an individual resident in Delaware, so a Delaware-resident member qualifies. The agent must have a physical street address in Delaware and be generally present there during normal business hours. A virtual office or mail-forwarding service alone is not permitted. A business physically located in Delaware may act as its own agent.

Step 3: File your Certificate of Formation of a Limited Liability Company

Submit the form to the Delaware Department of State, Division of Corporations. The filing fee is $110 for both online and mail filings. You may pay additional fees for expedited processing if you need faster service:

  • 24-Hour (Next Day) service: $50. Must be received by 7:00pm ET. Completed the next business day of receipt.
  • Same Day service: $100. Must be received before 2:00pm ET.
  • Priority 2 (2-Hour) service: $500. Per document/request. Processed within two hours of receipt. Must be received by 7:00pm ET.
  • Priority 1 (1-Hour) service: $1,000. Per document/request. Processed within one hour of receipt. Must be received by 9:00pm ET.

Step 4: Create an operating agreement

An operating agreement outlines the ownership structure, member roles, voting rights, and procedures for what happens if a member leaves the LLC.

Step 5: Get your EIN from the IRS

Get your Employer Identification Number from the IRS for free at https://www.irs.gov/ein.

Step 6: Keep your LLC in good standing

Delaware LLCs are not required to file an initial report or an Annual Report. However, you must pay the Limited Liability Company Annual Tax of $400. This tax is due on or before June 1 of each year following the close of the calendar year in which the Certificate of Formation becomes effective. Late payment adds a penalty plus interest per month.

Three ways to get it done

State fees are always extra and go straight to the state.

Free

Do it yourself

Follow this guide in Delaware. Every fee and form comes from the state’s own pages.

Download the PDF guide
$249 + state fees

We file it for you

We prepare and file your LLC paperwork in Delaware so you don’t have to learn the portal.

Have us file it
$1,497 + state fees

Done for you

Business in a box: the LLC plus the setup to run it, built so it doesn’t depend on you.

Book a call

This is general information, not legal or tax advice. For advice about your situation, talk to a licensed attorney or CPA.

Frequently asked questions

Does Delaware require an annual report for LLCs?

No. Delaware LLCs are not required to file an Annual Report. They pay only the annual LLC tax.

What is the deadline for the Limited Liability Company Annual Tax?

The tax is due on or before June 1 of each year following the close of the calendar year in which the Certificate of Formation becomes effective.

Can I use a virtual office as my registered agent address in Delaware?

No. A virtual office or mail-forwarding service alone is not permitted. The agent must have a physical street address in Delaware and be generally present there during normal business hours.

What happens if I pay the annual tax late?

Late payment adds a penalty plus interest per month.

Is the Limited Liability Company Annual Tax based on income?

No. It is a flat annual tax on every domestic LLC regardless of income or activity.

Sources

Official sources, last verified 2026-09-15: