Delaware structures its LLC filing fees around a $110 Certificate of Formation filed with the Delaware Division of Corporations, creating one of the most straightforward formation processes in the country. The state maintains transparent pricing that has remained stable for years, providing the reliability that has made it the incorporation capital of the U.S.
Delaware offers both online and mail filing options at the same price, with expedited processing available for time-sensitive formations. Processing times currently run 2–3 business days for standard filings, with expedited services ranging from 24-hour processing for an additional $50 to same-hour service for $1,000.
The $110 base fee creates your LLC's legal existence with the Delaware Division of Corporations. Both online and mail filings cost the same, though online submissions typically process faster.
All LLCs remain in good standing with a $300 annual franchise tax due each year by June 1, with no separate annual report requirement.
Delaware's $110 formation fee sits below the national average of $132, making it competitively priced despite its premium legal infrastructure. When compared to neighboring states, Delaware offers middle-ground pricing with significantly enhanced legal protections.
Pennsylvania and New Jersey both charge $125 for LLC formation, $15 more than Delaware, while Maryland starts at $100, just $10 less. New York commands a premium, at $200 for formation, nearly double Delaware's cost.
The real difference emerges in ongoing obligations. Delaware requires a $300 annual franchise tax with no separate annual report, while neighboring states typically charge less annually but offer fewer legal advantages. Pennsylvania charges $7 annually, New Jersey requires $75, and Maryland demands $300, matching Delaware's annual cost but structured as an annual report rather than a franchise tax.
Delaware's value proposition extends beyond pure cost comparison. The state's Court of Chancery, extensive case law, and business-friendly legal environment have made it the preferred jurisdiction for complex business structures.
This legal infrastructure often justifies the higher annual franchise tax, especially for companies planning multi-state operations or seeking investor funding.
Beyond the core $110 formation fee and $300 annual franchise tax, several optional and situational charges can arise during your Delaware LLC's lifecycle.
Discern automates Delaware LLC filings—from formation through ongoing obligations. Our platform handles registered agent services and automates Delaware annual filings, calculating franchise taxes using both available methods to ensure minimum payments.
Book a Discern demo and see how our comprehensive automation handles everything from formation to perpetual franchise tax management in Delaware.
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