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Forming a Limited Liability Company (LLC) in Delaware is a popular choice for entrepreneurs and small business owners who want to protect their personal assets and enjoy flexibility in their business operations. LLC formation costs vary from state to state, and it is essential to understand the costs involved in forming and maintaining an LLC in Delaware.
If you would like to know more about the Delaware LLC Cost, read the whole article until the end. Webinarcare Editorial Team will help you gain knowledge on how much an LLC Costs in Delaware. You must be guided by all the factors gathered in this article.
On this page, you’ll learn about the following:
How to Start an LLC?
Before we dive into the LLC Cost in Delaware, you should know the step-by-step process of starting an LLC, including selecting a unique business name, appointing a Registered Agent, filing the necessary documents, and fulfilling any additional requirements, such as obtaining licenses or permits that are specific to your industry or location.
Here are the steps in starting an LLC in Delaware:
- Step 1: Choose a Unique Business Name
The first step in starting an LLC in Delaware is to select a unique business name for your company. The name should be distinguishable from any other registered businesses in the state. You can check the availability of your desired business name by searching the state’s business name database. Once you’ve found an available name, you may need to include “LLC” or “Limited Liability Company” at the end of the name to comply with state requirements.
- Step 2: Appoint a Registered Agent
A Registered Agent is someone who will receive official legal and tax documents on behalf of your LLC. The Registered Agent must have a physical address in Delaware and be available during normal business hours. You have the option to appoint yourself as the registered agent or hire a professional registered agent service.
- Step 3: File the Certificate of Formation
To officially form your LLC, you need to file the Certificate of Formation with the Delaware Secretary of State or the appropriate state agency. The Certificate of Formation typically requires basic information about your LLC, such as its name, address, Registered Agent details, and the name and address of the LLC’s members or managers.
- Step 4: Create an Operating Agreement
Once your LLC is formed, it’s highly recommended to create an operating agreement in Delaware. Although not required by Delaware law, an operating agreement is a crucial internal document that outlines the ownership, management, and operating procedures of your LLC. It helps establish clear guidelines and expectations among members, and it can be especially useful in the event of disputes or disagreements in the future. The operating agreement can be customized to fit the specific needs and goals of your LLC.
- Step 5: Obtain Required Licenses and Permits
Depending on the nature of your business, you may need to obtain specific licenses or permits at the federal, state, or local level. Research the licensing requirements in Delaware and apply for business licenses in Delaware related to your industry or activities. Common examples include professional licenses, health or safety permits, and sales tax permits.
- Step 6: File for an Employer Identification Number (EIN)
An Employer Identification Number (EIN) is a unique nine-digit number issued by the Internal Revenue Service (IRS) that is used to identify your LLC for tax purposes. Even if you don’t have employees, obtaining an EIN is typically required if you plan to open a business bank account, hire contractors, or file certain tax forms. You can easily apply for an EIN in Delaware through the IRS website.
- Step 7: Comply with Ongoing Requirements
Once your LLC is established in Delaware, it’s important to stay in compliance with any ongoing requirements. This may include filing periodic reports, paying Annual Report fees, and renewing licenses or permits. Familiarize yourself with the specific obligations for maintaining your LLC’s good standing in Delaware.
Remember, starting an LLC in Delaware involves some specific steps and requirements that may differ from other states. It’s advisable to hire an LLC Services in Delaware that specializes in business formation to ensure that you follow all the necessary procedures accurately and efficiently. We reviewed the Best LLC Services for you to check out.
LLC Cost in Delaware
It is crucial to consider the costs associated with the formation and maintenance of your business. The costs of establishing and operating an LLC in Delaware can vary based on several factors, including the initial formation fees, ongoing compliance requirements, and optional expenses.
Initial LLC Costs
When starting a limited liability company (LLC), knowing the initial costs associated with forming and registering your new business entity is essential. Understanding and preparing for these expenses can help you budget effectively and set your Delaware business on a path to success. Some common initial costs associated with forming an LLC include Certificate of Formation filing fees, Registered Agent fees, and additional services, such as business name reservation fees.
Certificate of Formation Filing Fee
The first step in forming an LLC in Delaware is to file the Delaware Certificate of Formation with the Delaware Secretary of State. This document officially creates the LLC and includes essential information about the business, such as its name, address, and Registered Agent.
This document includes essential information about your LLC, such as:
- The name of your LLC
- The address of your LLC’s principal office
- The name and address of your Registered Agent
- The purpose of your LLC (optional in some states)
You can typically file the Certificate of Formation online, by mail, or in person. A filing fee is associated with this process, which costs around $90. You can also file by mailing it to Delaware Secretary of State, which is located at Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901.
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Registered Agent Fee
An LLC in Delaware must designate a Registered Agent who will be responsible for receiving legal and government documents on behalf of the business. You can act as your own Registered Agent or appoint someone you know. Professional Registered Agent in Delaware typically charge an annual fee ranging from $50 – $300.
In Delaware, your Registered Agent must:
- Be a resident of Delaware or a business entity authorized to do business in the state.
- Have a physical address in Delaware (P.O. boxes are not acceptable)
Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.
We reviewed some of the Best Registered Agent Services in Delaware and provided features as an add-on with their packages for you to check out.
Business Name Reservation Fee
If you have a specific business name in mind and want to ensure it is available when you are ready to file your Certificate of Formation, you can reserve the business name with the Delaware Secretary of State.
In Delaware, your LLC name must:
- Include the words “Limited Liability Company,” “LLC,” or “L.L.C.“
- Not contain any words or phrases that are prohibited by state law
- Be distinguishable from the names of other businesses registered in the state
However, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application in the Delaware Secretary of State to keep the name.
The online name reservation fee is disclosed, while the mail name reservation fee is $75. You can register your business under a different legal name if your preferred name isn’t available. Once you have chosen a name, you can submit an application for a DBA (doing business as). If you have decided to file for a DBA, you can file it in two methods, by mail and in person. However, before filing Delaware DBA, you should know that you need to renew your DBA, which cost $25.
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Ongoing LLC Costs
After you know the initial costs of forming an LLC in Delaware, you should also know the ongoing costs once you have filed for an LLC. Here are the involved costs that you need to know.
Annual Report Filing Fee
To keep your LLC in good standing, you must file Annual Report with the Delaware Secretary of State. The Annual Report provides updated information about your LLC, such as changes in address, members, or Registered Agent.
In Delaware, the Annual Report fee costs $0 because it is not mandatory which can be paid every 1 year.
Franchise Tax or Annual LLC Tax
Some states require LLCs to pay an annual franchise or LLC tax, separate from the Annual Report filing fee. Franchise tax, or annual tax, is a fee imposed by Delaware on businesses, including LLCs and Delaware Corporations, for the privilege of operating within their jurisdiction. This tax is separate from income taxes and is usually based on factors such as the company’s net worth, assets, capital, or a fixed dollar amount, depending on the Delaware’s specific tax regulations.
Delaware LLC Taxes To Be Paid
The State of Delaware is one of those rarest states in the United States that does not levy any personal income tax on businesses. However, the business LLCs must file other taxes with the State authorities.
- Sales Tax: A sales tax is a government-imposed tax on the sale of goods and services. It is generally added to the price of a product or service at the point of sale and paid by the consumer. The tax is collected by the retailer or service provider, who then remits the collected tax amount to the relevant government authority. In Delaware, the sales tax rate is 0%; Delaware has no sales tax.
- State Income Tax: Considering other taxes in Delaware, you should pay for the state income tax, with a rate of 8.70%.
- LLC Federal Self-Employment Tax: Federal self-employment tax rates are the same across all states. Self-employment taxes are imposed on self-employed individuals or members of a Limited Liability Company (LLC) taxed as a sole proprietorship or partnership.
- Property Tax: The property tax is fixed at 0.56% of industrial, commercial, residential, agricultural, and all other properties.
Business Licenses and Permits
Depending on the nature of your Delaware business and the location of your operations, you may need to obtain permits and business licenses in Delaware. The costs of these licenses and permits will vary based on your specific business and location. In Delaware, the business license ranges from $50 – $300. However, research the requirements for your LLC in Delaware and budget for these expenses accordingly.
Optional LLC Costs
Here are the optional costs you must consider if you will form an operating agreement or hire a professional service.
Although not required by law, it is highly recommended that LLCs create an operating agreement in Delaware. This document outlines the LLC’s ownership structure, management, and operating procedures. Hiring a business attorney to draft an operating agreement can cost anywhere from $500 to $2,000, or you can use online resources and templates to create one yourself.
You may hire professionals such as attorneys, accountants, or business consultants to help you establish and run your Delaware LLC. These services can provide valuable expertise and guidance but come at an additional cost. Consider the potential benefits and weigh them against the costs when hiring professional assistance.
You may check out the Best Business Attorney Services in Delaware that offer their professional services to form your business.
Can I Set Up an LLC For Free?
It’s impossible to set up an LLC entirely for free, as state filing fees and other costs are associated with establishing an LLC. However, you can save money by handling the formation process instead of hiring a professional service. Here are some steps to help you minimize the cost of setting up an LLC:
- Choose your LLC’s name and check for availability in your state. This can generally be done through the Secretary of State’s website.
- Prepare and file the Certificate of Formation yourself. Delaware offer an online filing option or downloadable forms on their websites. By completing this process independently, you can avoid paying additional fees for a professional service.
- Act as your own Registered Agent if permitted within Delaware. It allows the business owner to serve as the Registered Agent, saving you the cost of hiring a professional registered agent service.
- Create your own Operating Agreement using online resources and templates. Although not required in every state, an Operating Agreement is highly recommended to outline your LLC’s ownership structure and management. By drafting this document yourself, you can save on legal fees.
- Research and apply for any required licenses and permits on your own. Depending on your business type and location, you may need specific permits or licenses. These costs can vary, but handling the application process yourself can save you the expense of hiring a professional service.
While you can’t set up an LLC for free, taking a do-it-yourself approach and minimizing the use of professional services can help you save money during the formation process. However, handling these tasks requires time and effort, and there may be additional legal or financial risks if mistakes occur.
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Forming and maintaining an LLC in Delaware involves various costs, including initial filing fees, ongoing annual report fees, and taxes. Understanding and planning for these costs is essential when establishing your LLC. Additionally, consider any optional expenses, such as hiring professional services or drafting an operating agreement, to ensure the success and longevity of your LLC in Delaware.