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How to start an LLC in Delaware

Every step to form your LLC in Delaware, with the state's fees and the official page for each. Checked against the state's own pages on September 30, 2026.

Filing fee
$110
Regular report
$400
What you file
Certificate of Formation
Where
The Delaware Division of Corporations

Get the free checklist It follows these steps with you, for your business, and keeps track of what's done.

What an LLC costs in Delaware

Filing Certificate of Formation with the Delaware Division of Corporations$110
The regular report that keeps it in good standing$400
State business licenseSee its step
An EIN from the IRSFree
A registered agentFree if you're your own; a service charges a yearly fee

The state's fees only. Card or handling fees, a registered agent service, local licenses and taxes come on top where they apply. Checked against official sources on September 30, 2026. It's general information, not legal or tax advice.

Step by step

In the order most owners do them. Each step says where it happens and links to the official page.

  1. With the state

    Check your name is free

    Search the Delaware Division of Corporations's business records to check no business already uses your name, or one too close to it. An LLC's name must also end with "LLC" or a similar ending.

    Search business names (opens the official site)

  2. Your records

    Choose a registered agent

    Every LLC and corporation in Delaware needs a registered agent: a person or company with a street address in Delaware who receives legal papers and state notices for it. You can be your own, or pay a registered agent service.

  3. With the state

    File your Certificate of Formation

    Delaware has no fill-in-online form: download the Certificate of Formation from the Division of Corporations' site and send it through their online Document Filing and Certificate Request Service, or by mail. The state's fee is $110, charged when the filing is processed. Once it's filed, your business exists.

    File online (opens the official site)

  4. With the state

    Get a Delaware business license

    Anyone conducting a trade or business in Delaware, including LLCs and corporations, needs a Delaware business license from the Division of Revenue when business starts. Apply online through Delaware One Stop. The fee is generally $75 a year for the first location, and most first-year licenses are prorated. Licenses expire each December 31 and are renewed yearly.

    Get the state license (opens the official site)

  5. Your records

    Write an operating agreement

    It sets out who owns the LLC, how decisions are made and what happens if someone leaves. It isn't filed with the state: keep it with your records. A lawyer can help you write one.

  6. With the IRS

    Get an EIN from the IRS

    An Employer Identification Number is your business's tax number, for taxes, hiring and a bank account. Apply once your Certificate of Formation are filed. It's free from the IRS: with a Social Security number or ITIN, you can apply on the IRS's own site and get it at once. Watch out for look-alike sites that charge for it.

    Apply for an EIN on IRS.gov (opens the official site)

  7. With the state

    Register for state taxes

    Delaware has no sales tax, but most businesses pay a gross receipts tax. Register with the Delaware Division of Revenue through Delaware One Stop, which also issues your business license. If you'll have employees, continue in One Stop to register with the Department of Labor's Division of Unemployment Insurance and for workers' compensation.

    Register for state taxes (opens the official site)

  8. City or county

    Check local licenses and permits

    Delaware has a statewide business license (see its step). Some counties and towns also require their own business licenses, and zoning rules apply where you work. Some professions also need a license from the Division of Professional Regulation.

    Find your local requirements (opens the official site)

  9. Your records

    Open a business bank account

    Keep the business's money apart from your own: it keeps your records clear at tax time, and keeps the LLC separate from you. Banks usually ask for your filed Certificate of Formation and your EIN.

  10. With the state

    Put the LLC annual tax in your calendar

    Delaware LLCs don't file an annual report. Instead, every LLC pays a $400 annual tax to the Division of Corporations by June 1 each year, for the year before, starting the year after it's formed. The tax isn't prorated. Paying late adds a $200 penalty and 1.5% interest a month, and an unpaid LLC loses its good standing.

    About annual reports (opens the official site)

Questions about an LLC in Delaware

How much does it cost to start an LLC in Delaware?

The state's fee to file Certificate of Formation is $110. To stay in good standing, it also files a regular report, which costs $400. It also asks for state business license, which can cost more. An EIN from the IRS is free.

Does Delaware require a yearly report for an LLC?

Yes. Delaware asks every LLC for a regular report to stay in good standing. It costs $400, and the step below says when it's due and where to file it.

Can I form an LLC in Delaware myself?

Yes. You file Certificate of Formation with the Delaware Division of Corporations and pay the state's fee, and the steps above show where. You don't need a lawyer, though one can advise on your situation. PressUp's free checklist follows these steps with you.

Is this legal or tax advice?

No. PressUp isn't a law firm or an accountant. This guide is general information from Delaware's official pages, checked on September 30, 2026. For advice about your own situation, ask a lawyer or an accountant.

Where this comes from

Delaware's official pages, read on September 30, 2026:

LLC guides for other states