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Stay compliant in Delaware

The Delaware deadlines that come back every year, with due dates and costs. The LLC annual tax, franchise tax, business license and gross receipts returns.

Checked against official sources on

General information, not legal or tax advice. Requirements vary and change, so confirm current instructions with the official source before you act, and ask a CPA or attorney about your situation.

Most of these dates repeat every year. Put them on a calendar now.

What’s different in Delaware

  • Forming here means a yearly Delaware tax, even in a year you earn nothing: the LLC annual tax or the corporate franchise tax. Notices go to your registered agent.
  • The state business license expires December 31. Most renew every year; after your first year you can buy a three-year license instead. Your town or county license, if you have one, may run on its own schedule.
  • The LLC annual tax went up for 2026. It’s now $400. Some older state pages still show $300.

Your Delaware calendar

What When Cost
LLC annual tax, with the Division of Corporations Every year by June 1, for the year before $400; late adds $200 plus 1.5% a month
Limited partnership annual tax, with the Division of Corporations Every year by June 1 $400
Corporation annual report and franchise tax, with the Division of Corporations Every year by March 1, filed online $50 report fee plus franchise tax, at least $175
Nonprofit (exempt) corporation annual report Every year by March 1 $25; no franchise tax
State business license renewal, with the Division of Revenue by December 31 each year, or every third year on a three-year license Generally $75 a year
Gross receipts tax returns, with the Division of Revenue Quarterly for new businesses, by the last day of the month after each quarter ends; monthly filers by the 20th of the following month Tax on receipts above your exclusion
Corporate income tax, with the Division of Revenue Return due April 15 for a calendar year, or the 15th day of the fourth month after a fiscal year ends 8.7% of federal taxable income apportioned to Delaware

The corporate income tax row is for C corporations doing business in Delaware, including an LLC taxed as one. An S corporation files an information return instead and pays no corporate income tax on income that passes through. A corporation that owes $5,000 or more in franchise tax pays it in installments during the year. A sole proprietor has the business license, gross receipts returns and personal income tax. Employers also file withholding returns, starting monthly.

Do this

  1. Keep your registered agent current. The Division of Corporations sends the annual tax and franchise tax notices to your registered agent, so make sure the agent can reach you.
  2. Pay the LLC or partnership annual tax by June 1 on the Division of Corporations’ tax and annual report page. There’s no report to file with it.
  3. File the corporation annual report online by March 1, with the names and addresses of your directors. Before you pay, figure the franchise tax both ways and pay the lesser. Above 5,000 authorized shares, the authorized shares method climbs with every block of shares, and the assumed par value capital method (minimum $400) may come out lower.
  4. Renew your state business license on One Stop or tax.delaware.gov before December 31. Didn’t get a renewal notice by December 1? Contact the Division of Revenue.
  5. File each gross receipts return on time at tax.delaware.gov. A late return costs a penalty and interest each month.
  6. Watch for look-alike mail. The Division of Corporations warns about official-looking solicitations. Real notices come from the state or your registered agent.

What you get back

Payment confirmation for the annual tax or franchise tax, an annual report on your corporation’s record, and a renewed business license each year.

Common questions

How much is the Delaware LLC annual tax?

$400 a year, due by June 1 for the year before. Delaware raised it from $300 starting with 2026, so some older state pages still show the old figure.

Do Delaware LLCs file an annual report?

No. An LLC pays the annual tax and files no report. Corporations file an annual report and pay franchise tax by March 1.

What happens if I don't pay my Delaware LLC tax?

A $200 penalty is added, plus interest of 1.5% a month. The LLC falls out of good standing, and after 3 years unpaid its certificate of formation is canceled.

Why is my Delaware franchise tax bill so high?

The default method counts authorized shares, so a corporation with many authorized shares gets a large bill. If you report your gross assets and issued shares, you can use the assumed par value capital method instead, which can be much lower. You pay whichever method gives the lesser tax.

Sources

  1. Delaware Division of Corporations, pay taxes and file the annual report
  2. Delaware Division of Corporations, how to form a new business entity (annual taxes)
  3. Delaware Division of Corporations, frequently asked questions
  4. Delaware Division of Corporations, how the franchise tax is calculated
  5. Delaware Code Title 6, 18-1107 and 18-1108, LLC annual tax and cancellation
  6. Delaware Code Title 6, 17-1109, limited partnership annual tax
  7. Delaware Code Title 8, chapter 5, corporation franchise tax
  8. Laws of Delaware, volume 85, chapter 273 (annual tax increase)
  9. Delaware Division of Revenue, business license FAQs
  10. Delaware Division of Revenue, gross receipts tax FAQs
  11. Delaware Division of Revenue, corporate income tax FAQs
  12. Delaware Division of Revenue, withholding tax FAQs

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