Starting a business in Delaware costs as little as $90 for an LLC filing fee. The state income tax rate is up to 6.6%, with a 8.7% corporate tax rate. Below we compare LLC vs. S-Corp vs. Sole Proprietorship costs, walk through the 6 steps to form your business, and provide calculators pre-filled for Delaware. Delaware ranks #1 nationally for business friendliness.
LLC vs. S-Corp vs. Sole Proprietorship — 2026 estimated costs
| Entity Type | Filing Fee | Annual Fee | Franchise Tax | 1st Year Total | Ongoing/Yr |
|---|---|---|---|---|---|
| LLC | $90 | $300 | $300 | $840 | $750/yr |
| S-Corp | $300 | $200 | $300 | $950 | $650/yr |
| Sole Proprietorship | $75 | -- | -- | $75 | -- |
The #1 state for incorporation. No sales tax. Court of Chancery provides specialized business law. $300 annual LLC tax.
Your LLC name must be unique in Delaware and include"LLC" or"Limited Liability Company." Search the Delaware Secretary of State database to verify availability. Consider reserving the name (typically $10-25 for 60-120 days) while you prepare your filing.
File your Articles of Organization (or Certificate of Formation) with the Delaware Secretary of State. The filing fee is $90. You can file online in most states for faster processing. Include your registered agent information, member names, and business purpose.
Apply for a free Employer Identification Number (EIN) from the IRS at irs.gov. You need this for opening a bank account, hiring employees, and filing taxes. The online application takes about 5 minutes and you receive your EIN immediately.
Register with the Delaware Department of Revenue for state income tax withholding. If you have employees, register for unemployment insurance and workers' compensation. The state income tax rate is up to 6.6%.
Check Delaware and local requirements for business licenses, professional licenses, and permits. Requirements vary by industry and location. Common needs include a general business license, zoning permit, and industry-specific permits (food service, construction, healthcare, etc.).
Open a dedicated business bank account to maintain your LLC's liability protection. You may need your Articles of Organization, EIN, and operating agreement. Keep personal and business finances strictly separate — commingling funds can pierce the corporate veil and expose personal assets.
Total estimated first-year cost: $840 (filing fee + registered agent + annual fees). Ongoing annual cost is approximately $750/yr after the first year.
Delaware's COL index of 103 is just above the national average, with affordable housing being the primary draw.
Northern Delaware (Wilmington) has higher costs due to proximity to Philadelphia, while southern Delaware is more affordable.
The absence of sales tax saves the average household $1,000-$2,000 annually versus neighboring states.
Delaware's top income tax rate of 6.6% applies at $60,000+ — relatively high for a small state, but offset by no sales tax.
Delaware does NOT tax Social Security benefits.
There is no state estate tax in Delaware, making it favorable for wealth preservation.
Delaware's "Delaware franchise tax" applies to businesses, not individuals — but self-employed residents using LLCs should be aware.
National averages based on mean of all 50 states + DC. "pp" = percentage points.
The Delaware LLC filing fee is $90. Including a registered agent ($150/yr) and annual fees ($300) plus franchise tax ($300), the first-year total cost is approximately $840. This is $42 below the national average filing fee.
An LLC is simpler and cheaper to maintain in Delaware ($840 first-year cost vs. $950 for an S-Corp). An S-Corp can save self-employment taxes if you earn over ~$50K in profit by splitting income into salary and distributions. Most Delaware businesses start as an LLC and elect S-Corp taxation later when profits justify the additional complexity and payroll costs.
Delaware businesses face: personal income tax on pass-through income (up to 6.6%), corporate income tax at 8.7% for C-Corps, franchise tax, payroll taxes, and property tax at 0.6% on business-owned real estate.
Requirements vary by business type and location. Most Delaware businesses need: (1) a state business license or registration, (2) a local business license from your city/county, (3) industry-specific permits or professional licenses, and (4) a sales tax permit if selling taxable goods. Check with the Delaware Secretary of State and your local city clerk for specific requirements.
Business formation costs are estimates based on Delaware Secretary of State fees as of 2026. Tax rates use 2026 data. Registered agent fees based on market averages. Actual costs may vary. Consult a CPA or business attorney for personalized advice. Last updated: April 2026.