Business

Forming an LLC in Delaware — guide for Hispanic entrepreneurs

Forming an LLC in Delaware: a $110 formation fee, a flat $400 annual franchise tax, registered-agent requirements, and the filing process step by step.

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Forming an LLC in Delaware

An LLC (Limited Liability Company) is the most common business structure for immigrant entrepreneurs in the US. Personal asset protection, tax flexibility, and low administrative cost.

Why Delaware

#1 state for large corporations — 65% of Fortune 500 incorporated here Court of Chancery — specialized business dispute court (judge-only, fast decisions) Owner privacy — does not require member names in public registry Anonymity for foreign owners — popular among international entrepreneurs Flat $400/year — easy to budget

Key facts about Delaware

Item	Information
Formation fee (initial)	$110
Annual fee	$400 annual franchise tax (flat)
Annual report deadline	Annual tax due June 1 each year ($400 flat); Delaware LLCs file no annual report
Accepts foreign owners	✅ Yes (includes ITIN holders)
Requires Registered Agent	✅ Yes (must have physical address in Delaware)
Operating Agreement required	⚠️ Not by law but highly recommended
Approval time	1-3 weeks (online faster)

Steps to form an LLC in Delaware

1. Choose a name

Must end in “LLC”, “L.L.C.”, or “Limited Liability Company”
Unique in Delaware
Cannot include restricted words (Bank, Insurance, Attorney, etc.) without authorization

2. Designate a Registered Agent

Resident individual in Delaware or authorized service with physical address in Delaware
If you don’t have an address in Delaware, hire a commercial registered-agent service (yearly fee set by the provider)

3. File Articles of Organization

Formation document registering the LLC with the state
Fee: $110
Filing: online (fastest), by mail, or in person
Official platform: Delaware Division of Corporations

4. Create Operating Agreement

INTERNAL document (not filed with state)
Defines how the LLC operates: members, profit distribution, decision-making, exits

5. Get EIN (Employer Identification Number)

LLC’s federal tax identification number
FREE at irs.gov
With SSN: instant online
With ITIN: by mail (4-6 weeks) or fax (4 days)
No SSN/ITIN: fax or mail (Form SS-4)

6. Open bank account

Need: EIN, Operating Agreement, Articles of Organization, personal ID
Foreign-owner friendly: Bluevine, Mercury, Relay, Wise Business, Capital One Spark

State comparison

State	Formation Fee	Annual Fee	Privacy	Best for
California	$70	$800+	Low	Consumer market
Texas	$300	$0 (depends)	Medium	No income tax + market
Florida	$125	$138.75	Low	Latin market + no tax
Delaware	$110	$400	High	Large corporations
Wyoming	$100	$60+	High	Cost + privacy
Nevada	$425	$350	High	Asset protection

Last verified: 2026-09-02. General information — always verify with Delaware Division of Corporations before filing.

State services and resources in Delaware

Where to register your LLC in Delaware

The Delaware Department of State, Division of Corporations handles LLC registrations. Generally accepts filings:

Online (fastest)
By mail
In person, where the office offers it

The steps that are the same in every state — EIN, business bank account, annual report, estimated taxes, ITIN ownership and the common errors — are maintained once, on the LLC formation hub.

Delaware-specific resources

Delaware Department of State, Division of Corporations — LLC filings and business search
Delaware Division of Revenue — state business taxes
SCORE (Service Corps of Retired Executives) — free small business mentoring
SBA (Small Business Administration) — free counseling via SCORE and SBDC, open to everyone. ⚠️ SBA loans (7(a), 504, microloans) are closed to non-citizen owners since March/April 2026 — including green-card holders. See who can still use each SBA program and the CDFI lenders that do accept an ITIN.

Last verified: 2026-09-02.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
ITIN-friendly business banking — checking accounts that open without an SSN
USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
State income tax obligations — business taxes vary by state
Find an immigration attorney — for complex investor or work-visa cases tied to your LLC

Frequently asked questions

Do I need SSN to form an LLC in Delaware?

NO. You can form an LLC in Delaware using ITIN or just passport number. After, to open a bank account for the LLC, you’ll need EIN (free Federal Tax ID from IRS, NO SSN required) and possibly the holder’s ITIN.

How much does it cost to form an LLC in Delaware?

In Delaware, the LLC formation fee is $110. The annual fee listed on this page is $400 annual franchise tax (flat). Other costs: a registered agent (free if you serve as your own agent with a Delaware address; otherwise a yearly commercial fee), an operating agreement (free if you draft it yourself), and any annual report or franchise fee. The EIN is free from the IRS.

Better to form LLC in Delaware or in Wyoming/Delaware?

If your business operates in Delaware, cheapest is forming LLC in Delaware. If you operate in another state but register the LLC in Wyoming/Delaware, you must register as ‘foreign LLC’ in your operating state — paying both fees. Wyoming/Delaware only makes sense for passive LLCs (rentals, investments, holding companies).

Does my Delaware LLC pay taxes?

By default, single-member LLC is ‘disregarded entity’ (taxes flow through to owner via Schedule C). Multi-member LLC treated as ‘partnership’ (Form 1065). You can elect S-Corp or C-Corp taxation via Form 2553/8832. Consult CPA with ITIN experience.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.