Yes — a non-resident can form a Delaware LLC without ever visiting the US. Formation costs $110 for the Certificate of Formation. Delaware LLCs file no annual report, but every LLC owes a flat $400 annual tax due June 1 each year. Miss it and you face a $200 penalty plus 1.5% monthly interest.
An LLC is a limited liability company — a structure that shields your personal assets from business liabilities. A Certificate of Formation is the Delaware filing that legally creates your LLC, similar to Articles of Organization in other states.
Why do non-residents choose Delaware?
Delaware’s Court of Chancery and centuries of business case law make it the most legally predictable state for companies — the reason over a million business entities are domiciled there. For LLCs specifically, Delaware offers strong privacy: member and manager names do not appear on the public record, only the LLC’s name and its registered agent.
Delaware LLC costs in 2026: the full picture
Formation: $110 one-time for the Certificate of Formation, filed with the Delaware Division of Corporations. Optional name reservation costs $75 and holds a name for 120 days — useful if you are not ready to file yet.
Annual tax: a flat $400 per year, due June 1. Note this carefully — from the 2026 tax year onward, the Delaware LLC annual tax is $400 (it was $300 before). The first $400 payment under the new amount is due June 1, 2027. Call it what it is: an annual tax. (Delaware corporations pay a franchise tax; LLCs pay this flat annual tax instead.)
Penalties: fail to pay the $400 by June 1 and Delaware charges a $200 penalty plus interest of 1.5% per month on the unpaid tax. An LLC that stays delinquent can eventually lose its good standing, which blocks you from getting a Certificate of Good Standing — the document banks and payment providers ask for.
Registered agent: every Delaware LLC must maintain a Delaware registered agent — a person or company with a Delaware address that receives legal mail. A registered agent is Delaware’s required in-state contact for your company. Professional registered-agent service typically costs $100–$300 per year.
Is Delaware worth it compared with cheaper states?
Delaware costs more than Wyoming ($100 formation, $60/year report) or New Mexico ($50 formation, no annual report). Choose Delaware if you want maximum legal prestige, investor familiarity, and owner privacy — many startups and holding structures domicile there for exactly those reasons. Choose a cheaper state if your LLC is a simple operating vehicle and you want the lowest carrying cost. There is no single right answer; it depends on what the LLC is for.
Steps to form a Delaware LLC as a non-resident
First, pick your name and check it against the Division of Corporations’ name database. Include “Limited Liability Company,” “LLC,” or “L.L.C.” Reserve it for $75 if you are not filing immediately.
Second, appoint your Delaware registered agent. You need the agent’s name and Delaware address for the filing, and the agent’s consent.
Third, file the Certificate of Formation and pay $110. Filing is done through the Division of Corporations, usually online via an authorized filer.
Fourth, obtain your EIN. An EIN is the IRS-issued federal tax ID your LLC needs for tax filings and bank or payment-provider applications. It is free from the IRS; non-residents without a Social Security number apply by fax (typically about 15 days).
Fifth, sign an operating agreement. An operating agreement is the internal document defining ownership, management, and distributions. Delaware requires LLCs to have one, though you do not file it with the state.
Delaware LLC taxes for non-resident owners
Delaware imposes no state income tax on an LLC that does no business in Delaware. Your federal obligations remain: a single-member foreign-owned LLC is a disregarded entity filing a pro-forma Form 1120 with Form 5472 annually by April 15 — even with $0 income. The Form 5472 penalty is $25,000. Epics Deals’ tax filing starts at $120.
Frequently Asked Questions
Do I need a US address to form a Delaware LLC?
No. You need a Delaware registered agent with a Delaware address, which a professional service provides. Your own principal address can be anywhere in the world.
Is the Delaware annual tax really $400 now?
Yes. From the 2026 tax year onward, every Delaware LLC owes a flat $400 annual tax due June 1 (first due June 1, 2027). LLCs do not file an annual report in Delaware — just pay the tax.
Can a Delaware LLC help me get Stripe or PayPal?
A Delaware LLC with an EIN can apply to Stripe, PayPal, or Wise, and many non-residents do. But approval is each provider’s own decision and never guaranteed. Epics Deals will guide you on putting together a strong application.
How much does Epics Deals charge to form a Delaware LLC?
Epics Deals forms your Delaware LLC for $130 plus the $110 state filing fee, with registered-agent guidance included. Start at epicsdeals.com or WhatsApp us at wa.link/x6klxo.
Related: Delaware LLC Annual Tax Explained 2026
Related: LLC vs C-Corp for Non-Residents 2026
Related: Can You Be Your Own Registered Agent in 2026?
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