Starting a Business in Delaware

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Business Entity Formation

Business entities are formed by registration with the Delaware Division of Corporations.

Limited Liability Company

Filing a Domestic LLC (for profit company, first registered in Delaware) is a $90 initial filing fee, $250 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited filings in one hour, two hours, same day, and 24 hours are available. No annual report required. Annual fee is required by June 1. No additional franchise tax.

Filing a Foreign LLC (for profit company, first registered elsewhere) is a $200 initial filing fee, $250 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited filings in one hour, two hours, same day, and 24 hours are available.No annual report required. Annual fee is required by June 1. No additional franchise tax.

Corporation

Filing a Domestic Corporation (for profit company, first registered in Delaware) is a $89 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited filings in one hour, two hours, same day, and 24 hours are available. Annual report required and must be filed electronically. Fees may be higher depending on specific provisions of the corporation. Annual franchise tax due in addition to annual filing fee.

Filing a Foreign Corporation (for profit company, first registered elsewhere) is a $245 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited filings in one hour, two hours, same day, and 24 hours are available.Annual report required and must be filed electronically. Fees may be higher depending on specific provisions of the corporation. Annual franchise tax due in addition to annual filing fee.

Sole Proprietor

A sole proprietor business does not require registration with the state.

DBA (Doing Business As) or Fictitious Business Name

Delaware allows individuals and businesses to register a fictitious business name. This process is administered at the County level.

Business Licenses

Business licenses in Delaware are issued through the State. For more information on business licenses in Delaware visit their website.

Professional Licenses

There are a number of professions that require a state license in Delaware. For more information on professional licenses, visit this website. This website provides a portal to the sites for individual occupations.

State Income Tax

Delaware does have a state income tax for individuals. Delaware does have a state income tax for corporations. Visit this website for more information on business income taxes in Delaware.

Delaware does have a franchise tax for corporations. Franchise tax is dependent on entity type and revenues.

State Sales Tax

Delaware has no state sales tax.

Employer Assistance

The state of Delaware administers labor and employment issues through the State of Delaware Department of Labor.

Unemployment Insurance

Unemployment insurance information for employers in Delaware is available at this website. The tax an employer pays depends on the size of the employer's taxable payroll, the employer's unemployment insurance tax rate and the taxable wage base.

Unemployment insurance information for workers in Delaware is available at this location.

Workers' Compensation

Information for employers in Delaware regarding Worker's Compensation is available from the Office of Workers Compensation website. Employers with one or more employees are required to carry workers' compensation insurance. Employers may not charge an employee any portion of the premium or expense of carrying workers' compensation insurance. Farm workers are exempt from the workers' compensation statute, however, these employers may elect to provide coverage.

Occupational Health & Safety

Delaware provides Occupational Health & Safety support through Office of Safety and Health Consultation. Visit their website. The Consultation Office provides free comprehensive on-site surveys for primairly small businesses to identify potential hazards, improve safety management systems and assist in voluntary compliance with federal OSHA regulations.

Resources for Starting a Business in Delaware