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ABS · DE Guide

Delaware Company Formation and Compliance Guide

Before forming or operating a company in Delaware, review entity type, registered-agent records, annual reports, state tax, federal tax, and e-commerce bookkeeping requirements.

Reference LLC state filing feeThe standard state fee for an LLC certificate of formation is generally $110. Confirm on the state website before filing.
Ongoing filingAn LLC generally files no annual report but pays a flat $300 annual tax. Confirm on the state website before filing.
Typical due-date ruleThe LLC annual tax is generally due by June 1.
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A Delaware business formation CPA reviews entity choice, the generally $110 LLC filing, registered-agent records, and the $300 annual tax due June 1. After incorporation, the company must still assess federal returns, foreign qualification, and sales-tax nexus wherever it actually operates, stores inventory, or has people.

Last updated . · Source: Delaware Division of Corporations

01

What to confirm before filing

Confirm entity type, owners, management, name, business activity, registered agent, and any in-state address requirements. An LLC and a corporation have different governance, tax elections, and recurring filings; first-year price alone is not a sound basis for choosing.

Maintain a Delaware registered agent; forming there does not replace foreign qualification where the company actually operates.

02

Ongoing state compliance

An LLC generally files no annual report but pays a flat $300 annual tax. Confirm on the state website before filing. The LLC annual tax is generally due by June 1.

03

E-commerce and sales tax

Delaware has no general state sales tax, but gross-receipts tax and licensing may apply; nexus in other states can still require registration.

04

Federal tax and foreign ownership

State formation does not replace federal tax filing. A U.S. entity with foreign ownership may involve an EIN, Form 1120, Form 5472, Form 1065, withholding, or information returns. The applicable filing depends on tax classification, ownership, transactions, and operating facts.

05

How ABS can help

ABS can organize state formation records, coordinate registered-agent service, build annual-report and state-tax calendars, and support e-commerce bookkeeping, income tax, sales tax, payroll tax, and IRS or state notice intake. Scope and pricing are confirmed in writing after the facts are reviewed.

FAQ

Frequently asked questions

What does a Delaware business formation CPA review?

The review covers entity choice, the generally $110 filing, registered-agent records, the $300 annual tax due June 1, and whether other states require foreign qualification or tax registration.

How can I maintain US tax compliance after incorporating in Delaware?

Keep the registered agent current, pay the Delaware LLC annual tax, maintain books, file federal and activity-based state returns, and review foreign qualification and sales-tax nexus where the company operates.

Ask About This State

No fixed government-fee, filing-time, or tax-case outcome is promised. State rules, documents, and deadlines are reviewed first.

No fixed government-fee, filing-time, or tax-case outcome is promised. State rules, documents, and deadlines are reviewed first.

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