How to File
- Calculate Your Franchise Fee Domestic corporations can only file online.
- Enter Business Entity File Number To find your Business Entity File Number search for your business name. Your business name and number should be returned.
- Enter Corporation Information Federal Employee Identification Number or EIN ...
- Pay the Delaware Franchise Tax and Delaware Annual Report Fee Submit the required fees. ...
Full Answer
Do I have to pay Delaware franchise tax?
In the state of Delaware, most companies and corporations that are incorporated in the state are legally required to pay an annual franchise tax. This tax pays for the privilege of being incorporated in the state, even if the company does business elsewhere. The Delaware Department of State, Division of Corporations, administers the franchise tax program.
How much is Delaware franchise tax?
The minimum Delaware franchise tax fee is $175 with a $50 filing fee. The minimum Delaware franchise tax and annual report payment is $225 for domestic corporations. The Delaware franchise tax for this business is simple. It is a flat fee of $30 due on June 1. The Delaware franchise tax for a corporation is slightly more complicated.
Is Delaware a franchise tax?
In Delaware, the franchise tax is a “privilege fee,” which allows an entity to maintain its good-standing status in Delaware. This is a separate and distinct tax and has no bearing on an entity’s income or operations. Payment of the franchise tax on time and in the correct amount is important to maintain good-standing status in Delaware.
What is the minimum franchise tax?
$800 Minimum Franchise Tax Overview. The $800 minimum franchise tax is the minimum franchise fee that a corporation will have to pay to operate in California, which is similar to the tax situation in many states. What is not similar, however, is the structure and rate of this tax.
Do I have to pay Delaware franchise tax?
Any corporation that is incorporated in Delaware (regardless of where you conduct business) must file an Annual Franchise Tax Report and pay Franchise Tax for the privilege of incorporating in Delaware. Franchise Taxes and annual Reports are due no later than March 1st of each year.
How do Delaware franchise taxes work?
If your company has authorized 5,000 shares or fewer, your total Delaware franchise tax amount is $175. If you've authorized 5,001 to 10,000 shares, your franchise tax is $250. For every** additional 10,000 shares** authorized after that, you pay another $85 in franchise tax, up to a maximum of $200,000.
How do I avoid franchise tax in Delaware?
There are ways to reduce your Delaware franchise costs in certain circumstances. To reduce the taxes paid by a startup, use the Assumed Par Value method. This method calculates the taxes by total assets. As long as your issued shares constitute a third to half of your authorized shares, this method will save you money.
What happens if you don't pay Delaware LLC tax?
Although Limited Partnerships, Limited Liability Companies and General Partnerships formed in the State of Delaware do not file an Annual Report, they are required to pay an annual tax of $300.00. Taxes for these entities are due on or before June 1st of each year. Penalty for non-payment or late payment is $200.00.
How is franchise tax calculated?
Example of a Franchise Tax The state calculates its franchise tax based on a company's margin which is computed in one of four ways: Total revenue multiplied by 70% Total revenue minus cost of goods sold (COGS) Total revenue minus compensation paid to all personnel.
How much is annual fee for Delaware corporation?
All Domestic and Foreign Limited Liability Companies, Limited Partnerships, and General Partnerships formed or registered in Delaware are required to pay an annual tax of $300.00. There is no requirement to file an Annual Report.
What is the Delaware tax loophole?
Companies and wealthy individuals can use Delaware to avoid paying some taxes in other states. So there's a thing called the Delaware Loophole, which essentially enables companies to avoid paying state corporate income tax where they earn the revenue.
Does an LLC have to pay franchise tax in Delaware?
Yes, franchise tax fees are a requirement by all Delaware LLCs regardless of their business activities. This is a fee charged by the state for the privilege of maintaining a business within its jurisdiction and keeps your company in good standing and not related to the annual revenue of the business.
What are gross assets for Delaware franchise tax?
Discussion: Total gross assets are “total assets” reported on U.S. Form 1120 Schedule L for tax year ending prior to filing the Delaware franchise tax report.
What happens if you don't dissolve an LLC Delaware?
If you do not legally and officially cancel your LLC or dissolve your corporation, your company will continue to be held responsible for the annual Delaware Franchise Tax Fee as well as your annual Registered Agent Fee until either the Registered Agent resigns or until the State of Delaware voids the company.
Are Delaware franchise taxes paid in arrears?
Your notification of annual report and franchise tax due is sent to a corporation's registered agent in December or January of each year. Delaware requires these reports to be filed electronically. Franchise taxes are generally due in arrears for the prior calendar year.
How much does it cost to file for an LLC in Delaware?
$90The cost to start an LLC (limited liability company) online in Delaware is $90. This fee is paid to the Delaware Department of State when filing the LLC's Certificate of Formation.
How are Delaware franchise tax gross assets calculated?
Delaware's default method of calculating annual franchise tax is based only on how many shares a Company has authorized in its charter: 5,000 shares or less (minimum tax) $175.00. 5,001 – 10,000 shares – $250.00. Each additional 10,000 shares or portion thereof add $85.00.
Why do companies incorporate in Delaware?
Delaware doesn't impose income tax on corporations registered in the state which don't do business in the state. Also, shareholders who don't reside in Delaware need not pay tax on shares in the state. For these reasons, Delaware is sometimes referred to as a tax haven.
What happens if you don't dissolve an LLC Delaware?
If you do not legally and officially cancel your LLC or dissolve your corporation, your company will continue to be held responsible for the annual Delaware Franchise Tax Fee as well as your annual Registered Agent Fee until either the Registered Agent resigns or until the State of Delaware voids the company.
Do Delaware LLC pay taxes?
A. Delaware treats a single-member “disregarded entity” as a sole proprietorship for tax purposes. This means that the LLC itself does not pay taxes and does not have to file a return with the State of Delaware.
How much is Delaware franchise tax?
Effective January 1, 2018, a domestic stock or non-stock for profit corporation incorporated in the State of Delaware is required to pay annual franchise tax. The minimum tax is $175.00, for corporations using the Authorized Shares method and a minimum tax of $400.00 for corporations using the Assumed Par Value Capital Method.
How to multiply authorized shares?
Multiply the number of authorized shares with a par value greater than the assumed par by their respective par value. Example: 250,000 shares $5.00 par value = $1,250,000
When are franchise taxes due?
All active Domestic Corporation Annual Reports and Franchise Taxes for the prior year are due annually on or before March 1st and are required to be filed online. Failure to file the report and pay the required franchise taxes will result in a penalty of $200.00 plus 1.5% interest per month on tax and penalty.
How to contact Delaware Division of Corporations?
Please contact the Delaware Division of Corporations at (302) 739-3073 if you have any questions or concerns about a solicitation.
How to report deceptive solicitation in Delaware?
If a Delaware business entity received such a solicitation or sent payment as a result of receiving this solicitation, please complete a complaint form complaint form and immediately contact the Consumer Protection Unit of the Attorney General’s Office at (302) 577-8600 or 1-800-220-5424.
How much is the Delaware annual report?
Foreign Corporations must file an Annual Report with the Delaware Secretary of State on or before June 30 each year. A $125.00 filing fee is required to be paid. If the Annual Report and remittance is not received by the due date, a $125.00 penalty will be added to filing fee.
What information is required to file a franchise tax in Delaware?
When filing a franchise tax in Delaware, all the must be submitted is the physical address of the business and the name of the registered agent. This can be a business owner or someone else. By not requiring more information, businesses that file their franchise tax in Delaware can maintain privacy.
What is Delaware Franchise Tax?
Delaware franchise tax is a tax charged by the state of Delaware for the right to own a Delaware company. The tax does not affect income or company activity. The tax is required to maintain the company's good standing in Delaware.
Why do you need to use franchise tax in Delaware?
The Delaware franchise tax is beneficial to corporations because it is a simple process to submit and calculate payment. The Delaware franchise tax is also beneficial to businesses as it is a small fee in comparison to other states.
How much is the late fee for franchise tax in Delaware?
If you pay your Delaware franchise tax late, you'll be charged a late fee. The late fee is $125.00 and a 1.5 percent monthly interest afterward.
What happens if you don't file Delaware franchise tax?
If you don't file your Delaware franchise tax on time, you will be charged a late fee.
What is Delaware's court of chancery?
Delaware has what is called a Court of Chancery. This allows the state to adjudicate corporate litigation. The corporate laws and cases decided in Delaware are often used by the Supreme Court to influence decisions.
How much does it cost to register a foreign business in Delaware?
Foreign File. Business that are formed out of state but are registered to do business in Delaware must pay a $125 registration fee. Foreign corporations, those that are formed outside of Delaware, cannot file online. To file as a foreign corporation, mail in the necessary documents.
How much is the annual report fee for a foreign corporation?
Foreign Corporations. Foreign Corporations are required to file an Annual Report on or before June 30th. The fee for filing the Annual Report is $125.00. Foreign corporations are assessed a penalty of $125 if the Annual Report is not filed.
When are Delaware annual reports due?
Notification of Annual Report and Franchise Taxes due are sent to all Delaware Registered Agents in December of each year. Delaware has mandated electronic filing of domestic corporations Annual Reports.
How much does it cost to file an amended annual report?
The filing fee for filing an Annual Report or Amended Annual Report for exempt domestic corporations is $25. For an Annual Report or Amended Annual Report for non-exempt domestic corporations the filing fee is $50. Taxes and Annual Reports are to be received no later than March 1st of each year.
Do corporations pay franchise tax in Delaware?
Corporate Annual Report and Franchise Tax Payments. All corporations incorporated in the State of Delaware are required to file an Annual Report and to pay a franchise tax. Exempt domestic corporations do not pay a tax but must file an Annual Report. The filing fee for filing an Annual Report or Amended Annual Report for exempt domestic ...
How much is franchise tax in Delaware?
5001 to 10,000 shares pay $250 tax. For each additional 10,000 shares, add $75 to the tax total, with a maximum franchise tax of $180,000. So if your Delaware corporation has a million authorized shares, your annual franchise tax will be ...
Do foreign corporations pay annual tax?
Foreign Corporations, Nonprofits, Limited Liability Companies, General Partnerships, Limited Partnerships and Limited Liability Partnerships pay a flat-rate annual fee or tax. Corporations formed in Delaware are a whole different story. There are two methods that corporations can figure their annual franchise tax.
What is the penalty for late payment of franchise tax in Delaware?
7.1 In the case of a late payment of final franchise tax as required by Chapter 11 of Title 5 of the Delaware Code, there shall be added to the tax a penalty in an amount determined at the rate of 0.05 percent per day until required payment is made.
What is the form for estimated franchise tax?
3.4 Form. The estimated franchise tax report shall be in the form set out in Regulation 1104.
What is the form for franchise tax report?
4.3 Form. The final franchise tax report shall be in the form set out in Regulation No. 1105.
When is franchise tax due?
5.2 The amount due and payable on or before March 1 for the previous calendar year shall be the final franchise tax, less any estimated tax payments made for the taxable year, plus any additional tax due to underpayment of estimated franchise tax or installment. If the final franchise tax is not paid by March 1, a penalty for late payment of the final franchise tax shall be assessed.
What are the 1110, 1111 and 1112 regulations?
Regulations 1106, 1107 and 1108 are applicable to federal savings banks not headquartered in this State but maintaining branches in this State. Regulations 1110, 1111 and 1112 are applicable to resulting branches in this State of out-of-state banks.
Do you have to file a W3 in Delaware?
The State of Delaware only requires the filing of an annual withholding tax reconciliation form, Form W-3 . Quarterly reconciliations are neither required nor accepted.
Does Delaware accept GRT?
Delaware no longer accepts most Gross Receipts Tax (GRT) coup ons. Instead, please use the online GRT System to file immediately or to print a personalized paper return: File Your Gross Receipts Taxes Online. Print a Paper Gross Receipts Tax Form – Must login to print paper forms.
Payment Information
Corporate Annual Report Information and Franchise Tax Fees
- Corporate Annual Report All active Domestic Corporation Annual Reports and Franchise Taxes for the prior year are due annually on or before March 1st and are required to be filed online. Failure to file the report and pay the required franchise taxes will result in a penalty of $200.00 plus 1.5% interest per month on tax and penalty. Annual Report ...
Foreign Corporations
- Foreign Corporations must file an Annual Report with the Delaware Secretary of State on or before June 30 each year. A $125.00 filing fee is required to be paid. If the Annual Report and remittance is not received by the due date, a $125.00 penalty will be added to filing fee.
LLC/Partnership Tax Information
- All Domestic and Foreign Limited Liability Companies, Limited Partnerships, and General Partnerships formed or registered in Delaware are required to pay an annual tax of $300.00. There is no requirement to file an Annual Report. The annual taxes for the prior year are due on or before June 1st. Failure to pay the required annual taxes will result in a penalty of $200.00 plus 1.5% int…
Important Consumer Alert About Tax and Annual Report Scams
- The Division of Corporations recommends that consumers be alert to deceptive solicitations. Delaware legal entities should view suspiciously any correspondence, via regular mail or e-mail, that does not come directly from the State or the entity’s Delaware registered agent. Examples of deceptive solicitations The Secretary of State’s Office works closely with law enforcement to inv…