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Delaware LLC costs: summary

ItemCost
Certificate of Formation (LLC filing fee)$110
Trade Name (DBA, optional)$25
Business Name Reservation (optional)$75
State Business License$75
Local Business Licenses (e.g. building permit, alarm permit)$10–$100
Other State Licenses (e.g. liquor license, child care license)$50–$1,000
Commercial Registered Agent Service (optional)$50–$300
Operating Agreement Assistance (optional)$100–$1,000
Annual Franchise Tax$400

Starting a limited liability company in Delaware comes with substantial costs, and you’ll likely end up paying several fees as you go through the required steps. Before you file a certificate of formation to register an LLC in Delaware, make sure you fully understand the expenses involved.

The LLC related costs may include both one-time and ongoing fees, and you’ll want to know about all of them so that you can plan ahead responsibly. You could sort through the various steps and their associated fees on your own. Or, you can use an LLC formation service to register your LLC which will know what expenses to budget for and how to handle the process of getting your Delaware LLC officially established.

There are affordable and reputable LLC formation services available. Should you prefer to complete the steps yourself, here’s a guide to the various filing fees and ancillary expenses that you should be prepared to pay.

General steps and costs when forming a Delaware LLC

Naming your Delaware LLC

Your Delaware LLC needs a name that’s different from all of the business names currently being used in Delaware.

You can easily check if a name is in use by conducting a free Delaware business entity search on the Department of State’s Division of Corporations name reservation search. You’ll need to perform a separate search for each business entity listed on the drop-down menu (e.g. LLC, LLP, or corporation).

Although there’s no fee for using the name reservation search, you’ll have to pay if you want to reserve a name and/or register a trade name (DBA):

  • A business name reservation costs $75. When you run the name reservation search, you’ll see an option to reserve the desired name and pay a $75 fee.
  • A trade name (DBA) costs $25. Since February 2, 2026, trade names are registered statewide online through Delaware One Stop with the Division of Revenue, and no notary is needed. You’ll need an active Delaware business license (or a $25 Trade Name Only license).

Estimated Costs for Naming Your Delaware LLC: $0–$100

Filing a certificate of formation

In Delaware, you officially establish your LLC by filing a Delaware Certificate of Formation of a Limited Liability Company. Forming an LLC in Delaware costs $110 (the state filing fee); you’ll pay this amount when you file the Certificate of Formation.

If you’re establishing a foreign LLC that is based in an out-of-state location, the form is a Certificate of Registration and the fee is $200.

Estimated Cost for Filing the Certificate of Formation: $110

Appointing a registered agent

Each business is required to have a Delaware LLC registered agent in the state. Your agent must have a physical address in Delaware and needs to be available for official mailings. This person will also receive service of process should your LLC ever be named in a lawsuit.

You can serve as your LLC’s registered agent if you live in Delaware, or you can appoint another Delaware resident or a business with a Delaware office. Alternatively, you may hire a commercial registered agent service. Hiring a registered agent service can improve legal compliance, privacy and convenience.

Should you choose to hire a registered agent service, expect to pay $50–$300 per year for most services; Tailor Brands’ registered agent service is $199 per year. You’ll avoid this cost if you serve as the agent.

Estimated Costs for a Registered Agent: $0–$300

Creating an operating agreement

Delaware law requires every LLC to have an operating agreement, but it can be written, oral or implied, and it isn’t filed with the state. Putting yours in writing is highly recommended. A Delaware operating agreement details ownership structure, management responsibilities, operations, and other major items. It also helps determine what transpires if there’s a death, disagreement or other fundamental issue.

You can draft an operating agreement yourself at no cost, but seriously consider getting help with it. You don’t want to find a fundamental flaw in your agreement when there’s a major issue to resolve.

If you decide to get help drafting an operating agreement, an operating agreement service or business lawyer can help. Lawyer fees are almost always higher than the cost of using a service.

Estimated Costs for an Operating Agreement: $0–$1,000

Estimated filing fees and expenses for your Delaware LLC

Once these estimates are tabulated, you’ll probably spend anywhere from $110 to $1,510 by the time your LLC is officially established in Delaware. How you decide to handle a registered agent and an operating agreement will have the largest impact on what you ultimately pay. Being able to quickly file forms might help you avoid some costs, such as the name reservation fee.

One way to get assistance while keeping costs relatively low is to use an LLC formation service. An LLC formation service that includes a registered agent and an operating agreement may be available for less than $1,000 (possibly much less).

Other annual and additional Delaware LLC costs

In addition to the aforementioned filing fees and costs that all business owners must consider, there are some other expenses to be aware of. Your LLC will have to pay certain annual fees, and you may face additional costs depending on your specific business.

Of course, you’ll have an ongoing registered agent cost if you use a registered agent service. When the service’s fee comes due each year, you can reconsider whether this expense continues to make sense.

Franchise tax

All LLCs in Delaware must pay an annual franchise tax of $400 (starting with the 2026 tax year, first due June 1, 2027). It grants them the privilege to continue operating in the state. You can pay online through the Division of Corporations.

The franchise tax is due by June 1 of each year, and steep penalties apply if you don’t file on time. Missing the deadline results in a $200 penalty plus 1.5 percent monthly interest on the tax and penalty.

Estimated Costs for Franchise Tax: $400

Business licenses & permits

Most businesses in Delaware must obtain a business license Delaware, and your LLC might need additional local, state or federal licenses/permits. They grant a business the right to conduct certain operations. Licenses and permits can be required for everything from furnace repair to nuclear reactor management.

If you need any federal licenses (which is less common), the associated costs will be the same regardless of where you locate your business.

Common Delaware & local licenses/permits

The Delaware business license is required for anyone doing business in the state. Delaware has no sales tax; instead, licensed businesses pay a gross receipts tax. The fee for the Delaware business license is $75 a year for most activities. You can apply for it through Delaware One Stop.

Businesses in certain industries (e.g. alcohol sales, child care, and automotive services) might need additional state licenses. These licenses can cost as much as $1,000 (e.g. for a liquor license), but most have fees in the lower hundreds. Contact the appropriate state agency for your business’ industry to find out whether your LLC is subject to any other state licensing requirements.

Your company may also need local licenses and/or permits. Check with your city or town and your county government to find out if you need them. They can tell you how much a license or permit costs. The fee is usually less than $100 and possibly under $25.

Licenses may have one-time or ongoing costs. Permits might only need to be purchased once, or they may have to be bought separately for different projects. For more fee examples, see our breakdown of Delaware business license costs.

Estimated Costs for Licenses/Permits: $75–$1,000+

Annual report

A Delaware annual report is not required by the state, and is one of the few states that have no annual reporting requirement for LLCs. Unlike most states, it doesn’t expect you to pay an annual report fee. However, your LLC is subject to a franchise tax that other states don’t always have.

Estimated Costs for Annual Report: $0

LLC fee

The only annual fee that LLCs pay in Delaware is the franchise tax of $400. There are no additional annual fees, and the franchise tax is a flat fee regardless of revenues or profits.

Estimated Costs for Annual LLC Fee: $0 (not including the franchise tax)

What expenses you can write off

On a positive note, these expenses help reduce your tax burden. Most of the fees and other costs associated with filing your LLC are legitimate business expenses. They can be claimed as tax deductions, so long as they’re solely and directly intended for your LLC.

The following LLC filing fees and annual costs generally qualify as write-offs:

  • Certificate of formation fee
  • Name reservation fee
  • Trade name (DBA Delaware) fee
  • Franchise tax fee
  • License and permit fees
  • Registered agent costs
  • Operating agreement costs
  • Lawyer expenses

These aren’t all the costs that might qualify as business tax deductions. Talk with a qualified tax professional to review your situation and find out what expenses you can claim when filing a tax return.

Conclusion

These costs aren’t cheap, but don’t let them deter you from becoming a business owner. Budget for the fees and costs that you’ll have to pay, and proceed with the steps for starting your LLC in Delaware. The potential for success is likely far greater than the cost of these fees.

FAQ

What is the one time cost of forming an LLC in Delaware

The state charges a $110 Certificate of Formation filing fee to officially establish a domestic LLC in Delaware.

Is there a difference in fees for foreign LLCs?

Yes. Foreign LLCs (those formed out of state but operating in Delaware) pay a higher $200 Certificate of Registration fee.

Can I reserve my business name in Delaware?

Yes. Reserving a name costs $75. Additionally, registering a trade name (DBA) costs $25, filed statewide online through Delaware One Stop with the Division of Revenue.

Are registered agent services required and what do they cost?

All Delaware LLCs must designate a registered agent with a physical address in the state. You can act as your own at no cost if you live in Delaware, or hire a commercial service, typically priced at $50–$300 per year (Tailor Brands charges $199 per year).

Do I need an operating agreement and how much could it cost?

Delaware law requires every LLC to have an operating agreement, but it can be written, oral or implied, and it isn’t filed with the state. A written one is highly recommended to detail ownership and business rules. If you choose professional assistance, costs range from $0 (DIY) to $1,000 for lawyer-prepared documents.

What ongoing fees should Delaware LLC owners expect?

Delaware LLCs must pay a $400 annual franchise tax (starting with the 2026 tax year, first due June 1, 2027) and face penalties for late payment, a $200 fee plus 1.5% monthly interest on the tax and penalty if unpaid after June 1.

Are there other state-required licenses or permit costs?

Yes, you need a state business license to do business in Delaware ($75 a year for most activities), along with any industry-specific permits (from $50 up to $1,000+) and local permits (typically under $100).

How much can starting a Delaware LLC cost overall?

If you opt for optional services, total startup costs can range from approximately $110 to $1,510, depending on the choices you make during formation.

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