United States

Company Formation in Delaware

Delaware

Formation Time

1–2 business days

Min. Capital

No minimum

Corporate Tax

0% state / 21% federal

Foreign Ownership

100%

Overview

Delaware is the #1 US state for company incorporation. Over 67% of Fortune 500 companies and 1.5 million entities are incorporated in Delaware, thanks to its business-friendly Court of Chancery, flexible corporate laws, and zero state tax for companies not operating within Delaware. For non-US residents, a Delaware LLC with no US-sourced income pays $0 in US federal tax, making it popular for international e-commerce and SaaS businesses.

67% of Fortune 500

$0 tax for non-US LLCs

Same-day filing

Court of Chancery

Why Choose Delaware

67% of Fortune 500 incorporated here

Court of Chancery — specialised business court

0% state corporate tax (if no DE operations)

LLC: $0 US federal tax for non-US residents with no US income

No minimum capital

Same-day and 24-hour expedited filing

Anonymous ownership (no public member disclosure for LLCs)

Business Entity Types

Entity	Ownership	Directors	Capital	Tax	Best For
LLC	100%	N/A	None	Pass-through; $0 US tax if non-US owner with no US income	International e-commerce, SaaS, holding, consulting
C-Corp	100%	1	None	21% federal corporate tax	VC-funded startups, US market businesses

Step-by-Step Formation Process

Name Check

Same day

Search Delaware Division of Corporations database.

File Certificate

Same day – 1 day

File Certificate of Formation (LLC) or Certificate of Incorporation (Corp) with Delaware.

EIN Application

1–4 weeks for non-US residents

Apply for Employer Identification Number from IRS.

Bank Account

1–4 weeks

Open a US business bank account.

Costs & Fees

Government / License Fee	USD 190+
Our Service Fee	USD 1,000+
Annual Renewal	USD 600+

Fees are indicative and may vary based on business activity, entity type, and additional approvals required. Contact us for a precise custom quote.

Get Custom Quote

Banking

Non-US residents can open US bank accounts remotely with services like Mercury, Relay, or Wise. Traditional banks (Chase, BofA) typically require in-person visits.

Account Opening Time

1 day (Mercury) to 4 weeks (traditional)

Multi-Currency

Yes — multiple currencies supported

Recommended Banks

MercuryRelayWise BusinessBrexChaseBank of America

Tax Overview

Corporate Tax

0% state corporate tax (no DE operations); 21% federal (C-Corp only)

Personal Income Tax

0% state income tax

VAT / Sales Tax

0% — no sales tax in Delaware

Capital Gains Tax

0% for non-US persons (if properly structured)

Withholding Tax

30% on US-sourced income (reduced by treaties)

Double Tax Treaties

68 countries

Non-US owned single-member LLCs with no US-sourced income: $0 US federal tax. Must file Form 5472 annually. Delaware annual franchise tax: $300 flat (LLC).

Frequently Asked Questions

Do non-US residents pay US tax on a Delaware LLC?

If the LLC has no US-sourced income (no US customers, employees, or operations), a non-US single-member LLC is treated as a disregarded entity and pays $0 in US federal tax. You must still file an annual information return (Form 5472) and pay Delaware's $300 annual franchise tax.

Delaware LLC vs Wyoming LLC — which is better?

Delaware is the standard for venture-backed startups and C-Corps due to the Court of Chancery. Wyoming is preferred for privacy (no public records) and lower annual fees ($60 vs $300). For most international entrepreneurs, either works — Delaware has more prestige; Wyoming has lower costs.