🏛️ How to Start an LLC in Delaware (2025 Step-by-Step)
Learn how to start an LLC in Delaware in 2025 with this complete guide. Includes filing steps, fees, benefits, and Secretary of State contact info.
🤔 Why Start an LLC in Delaware?
A Delaware LLC is the top choice for many entrepreneurs, investors, and startups. The state’s flexible business laws, strong liability protection, and efficient court system make it the #1 jurisdiction for forming a U.S. LLC—even if you don’t live there.
This guide shows you exactly how to start an LLC in Delaware step by step.
| Benefit | Description |
|---|---|
| 🏛️ Business-Friendly Laws | Delaware has the most flexible LLC statutes in the U.S. |
| ⚖️ Court of Chancery | Separates personal and business assets |
| 🕵️ Privacy-Friendly | No need to disclose member names in filings |
| 💼 No State Income Tax for LLCs | Pass-through taxation, no entity-level state income tax |
🧭 Step-by-Step: Forming a Delaware LLC
1. 🏷️ Choose a Name for Your Delaware LLC
Your business name must:
Be unique from other DE registered entities
Include “Limited Liability Company,” “LLC,” or “L.L.C.”
Avoid prohibited words (like bank, trust, etc.)
📌 Use the Delaware Entity Name Search tool to check availability.
2. 🧑💼 Appoint a Delaware Registered Agent
Delaware law requires a registered agent for every LLC. They must:
Have a physical address in Delaware (no P.O. boxes)
Be available during regular business hours
Be a person or a business authorized to receive legal mail
➡️ Most out-of-state LLC owners hire a commercial registered agent.
3. 📝 File a Certificate of Formation with the State
This is the legal document that forms your Delaware LLC.
Fee: $90
File with: Delaware Division of Corporations
Filing Method: Online or by mail
Processing Time: 1–3 business days
📌 You can file online at corp.delaware.gov
4. 🗂️ Create an LLC Operating Agreement
Although not required by law, an operating agreement is essential for:
Structuring ownership
Setting management rules
Reducing legal risks and internal disputes
✔️ Delaware’s legal system enforces LLC agreements strictly—draft one early.
5. 🆔 Get an EIN from the IRS
An Employer Identification Number (EIN) is needed if:
You’ll hire employees
You want to open a business bank account
You choose corporate taxation
✅ Apply online for free at irs.gov.
6. 🏙️ Obtain Any Required Business Licenses
Delaware doesn’t have a general state license, but:
All Delaware LLCs must obtain a state business license via the Delaware Division of Revenue
Additional local city/county licenses may apply
📌 Register online via Delaware One Stop
7. 💵 Pay the Delaware LLC Annual Tax
Every Delaware LLC must pay a $300 annual tax by June 1 each year—even if the LLC earns no income.
File online at corp.delaware.gov
Avoid penalties by filing on time
💵 Delaware LLC Formation Costs (2025
| Expense | Cost |
|---|---|
| Certificate of Formation | $90 |
| Registered Agent (annual) | $50–$150 |
| EIN | Free |
| Operating Agreement | Free (DIY) |
| Annual Franchise Tax | $300 |
🏢 Delaware Secretary of State Contact
📞 (302) 739-3073
📍 401 Federal St, Suite 4, Dover, DE 19901
❓ FAQs: People Also Ask
1. How much does it cost to start an LLC in Delaware?
$90 to file the Certificate of Formation. Other costs include a registered agent and business license.
2. Can I form an LLC in Delaware if I don’t live there?
Yes. Delaware allows non-residents to form and own LLCs.
3. Do I need a registered agent in Delaware?
Yes. You must maintain a registered agent with a physical address in Delaware.
4. Is an operating agreement required in Delaware?
Not legally, but strongly recommended—especially in legal disputes.
5. When is the Delaware LLC annual tax due?
The $300 annual tax is due by June 1 every year.
6. Do Delaware LLCs pay corporate taxes?
Not unless you elect corporate tax status. LLCs are typically pass-through entities.
7. How do I get a business license in Delaware?
Register through the Delaware One Stop business portal.
8. Do I need an EIN for my Delaware LLC?
Yes, especially if you hire employees or open a bank account.
9. What are the advantages of a Delaware LLC?
Low taxes, investor trust, strong legal system, flexible structure.
10. Can a Delaware LLC operate in another state?
Yes, but you may need to register as a foreign LLC in that state.
About Us
We specialize in guiding individuals through the process of forming LLCs across all states, while also offering a range of comprehensive business services tailored to entrepreneurs.
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- support@tostartanllc.com
- +1 (646) 347-3833
- 1494 State St, Schenectady, NY 12304,
