Thinking of launching a US-based business but you're not from the States? Delaware LLCs are a popular choice for non-US residents, offering a business-friendly environment and strong legal protections. But navigating the setup process from abroad can feel like deciphering a whole new language of forms, fees, and regulations. Between registered agents, state filing fees, and compliance requirements, the expenses add up quickly. This guide breaks down every cost involved in forming a Delaware LLC as a non-US resident in 2025.
Step-by-Step: Forming Your Delaware LLC and What It Costs
Step 1: Choose a Name for Your LLC
Cost: Free
Your LLC name must be distinguishable from other entities registered in Delaware. Search the Delaware Division of Corporations to check availability. The search is free.
Step 2: Appoint a Registered Agent
Cost: $50–$500+ per year
A registered agent is required — they must have a physical street address in Delaware and be available during business hours to receive official legal and tax documents. Since you don't live in Delaware, you must use a registered agent service. Prices vary based on the service level: basic mail forwarding runs $50–$100/year; full compliance services run $200–$500+/year.
A reliable registered agent is critical. Failing to receive important state or legal notices can result in penalties, missed deadlines, or administrative dissolution of your LLC.
Step 3: File the Certificate of Formation
Cost: $90 (Delaware state fee) + optional service fees of $50–$300
The Certificate of Formation (Form LLC-1) officially creates your LLC. You file it with the Delaware Division of Corporations. The state fee is $90. You can file yourself online or by mail, but many non-US residents use a formation service for convenience — these typically charge an additional $50–$300.
Step 4: Obtain an EIN from the IRS
Cost: $0 (direct from IRS)
An EIN (Employer Identification Number) is your LLC's federal tax ID — you need it to open a US bank account and file US taxes. You can apply free directly through the IRS. Be wary of third-party websites that charge for EIN applications — these are unnecessary.
Non-US residents cannot apply for an EIN online. The fastest method is by phone (International: +1-267-941-1099). Processing time: same day. Fax takes 4 business days.
Step 5: Create an Operating Agreement
Cost: $0–$500+
Not legally required in Delaware but highly recommended. It establishes ownership structure, member responsibilities, and operating procedures. Free templates are available online; a customized attorney-drafted agreement costs $500+.
Step 6: Pay the Annual Franchise Tax
Cost: $300/year minimum
Delaware LLCs owe a minimum $300 annual franchise tax, due by June 1 each year. Failure to pay results in penalties and eventually dissolution.
Step 7: Registered Agent Renewal
Cost: $50–$500+/year (recurring)
Don't forget to renew your registered agent service annually. This is a recurring expense essential for maintaining your LLC's good standing.
Total Estimated Costs
First-Year Formation Costs
| Item | Cost | |------|------| | Registered Agent (first year) | $50–$500+ | | State Filing Fee | $90 | | EIN | $0 | | Operating Agreement (optional) | $0–$500+ | | Formation Service (optional) | $50–$300+ | | Total | $190–$1,390+ |
Ongoing Annual Costs
| Item | Cost | |------|------| | Registered Agent Renewal | $50–$500+ | | Annual Franchise Tax | $300 | | Total | $350–$800+/year |
Use Our Free Delaware LLC Calculator
Want to see your exact first-year and ongoing costs based on your choices? Use the Delaware LLC Tax Calculator to model registered agent costs, state fees, and annual expenses for your specific situation.
Key Considerations for Non-US Residents
EIN without SSN: Non-residents cannot use the online EIN application. Phone, fax, or third-party services are your options. Phone is fastest (same day) if you speak English well enough to handle an IRS agent call.
Banking: You need an EIN before opening a Mercury, Relay, or Wise Business account. Without a US bank account, you cannot receive Stripe or PayPal payouts directly.
Annual compliance: Mark June 1 on your calendar every year. Delaware franchise tax of $300 is a fixed cost — it applies whether or not your LLC earned any revenue.
State income tax: Delaware does not impose income tax on LLCs that don't conduct business within the state. As a non-resident operating from outside the US, you likely won't owe Delaware state income tax.
Note: This guide covers formation costs only and does not constitute legal or tax advice. Laws change frequently. Consult a qualified attorney or CPA for advice specific to your situation.
From the Lexplair Store
Delaware LLC Formation Kit
Complete 9-chapter guide + Operating Agreement template. Form your Delaware LLC remotely as a non-US founder.
- ✓9-chapter Delaware LLC formation guide (PDF)
- ✓Single-Member Operating Agreement template
- ✓EIN application — 3 methods for non-residents
- ✓Best US banks for foreign-owned LLCs