Step-by-step guide to forming a LLC in Delaware. Filing fee ($90), requirements, timeline, taxes, and what international founders need to know.
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Step-by-step process for international founders.
Choose a state
File Articles of Organization
Appoint registered agent
Draft Operating Agreement
Get EIN (Form SS-4)
Open business bank account
File annual report / pay annual fees in Delaware
Annual fee: $50. Due: March 1
| Cost Item | Amount | Notes |
|---|---|---|
| State filing fee | $90 | One-time, paid to Delaware SOS |
| Registered agent (Year 1) | $50–$150/yr | Required in Delaware |
| Annual report / renewal | $50/yr | Due: March 1 |
| EIN (Federal Tax ID) | Free | Apply via IRS Form SS-4 |
| Operating Agreement / Bylaws | $0–$500 | DIY or attorney-drafted |
| Business bank account | $0 | Mercury or Relay recommended |
| Total Year 1 (estimated) | $240–$790 | Varies with registered agent choice |
Pass-through (taxed on personal return)
IRS Form: Form 1065 (multi) / Schedule C (single)
No (non-residents)
Franchise tax: Yes (min $50/yr)
Yes. Delaware allows non-US residents to form a LLC entirely remotely. You need a registered agent with a Delaware address, and you'll apply for an EIN from the IRS using Form SS-4.
No. You can form a Delaware LLC from anywhere in the world. However, you must maintain a registered agent with a physical Delaware address.
Standard processing: 1–5 days. Expedited processing is available for an additional fee through the Delaware Secretary of State.
Mercury and Relay are the top choices for international founders. Both open accounts fully online, require no US visit, and work well with Delaware entities.