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Limited Liability Companies (LLCs) Like S corporations, standard Delaware LLCs are pass-through entities and are not required to pay federal or state income tax. LLCs are, however, required to pay a flat annual tax of $300 to the state.
Delaware law requires every corporation to have and maintain a Registered Agent in the State who may be either an individual resident, a domestic corporation, or a foreign corporation authorized to transact business in Delaware whose business office is identical with the corporation's registered office.
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.
Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
Understanding Delaware Articles of Organization for LLC. As stated earlier, forming an LLC in Delaware requires you to submit the Articles of Organization for LLC. The state calls it the Certificate of Formation. File the completed form with the Division of Corporations by mail, in-person, or online.
Forming an LLC in Delaware does not require documentation. The only information required, whether you are a United States citizen or not, is: Name of the company (check a company name for free) Communications Contact (must be an individual)
All corporations are required to file a corporate tax return, even if they do not have any income. If an LLC has elected to be treated as a corporation for tax purposes, it must file a federal income tax return even if the LLC did not engage in any business during the year.
Starting an LLC in DelawareStep 1: Choose a name for your LLC.Step 2: Select a registered agent.Step 3: Obtain a Delaware business license.Step 4: File your certificate of formation.Step 5: Draft an LLC operating agreement.Step 6: Comply with federal, state and local regulations.
In Delaware, the Articles of Incorporation are called the Certificate of Incorporation. They are the same thing. Think of this as the Birth Certificate of your company.