Delaware Filing Fee Changes 2026: What Business Owners Should Know
Delaware raised the cost of doing business on paper. House Bill 400, signed into law in May 2026, increases dozens of fees and taxes administered by the Delaware Division of Corporations, affecting LLCs, corporations, limited partnerships, and trademark holders alike. Some fees rose modestly. Others jumped several times over.
Whether you already own a Delaware entity or you’re planning to form one, this guide from DoMyLLC breaks down exactly what changed, what it costs now, and how to prepare before the higher fees land on your next invoice.
Key Takeaways
- House Bill 400 raises many of the fees and taxes charged by Delaware’s Division of Corporations, starting in 2026.
- Annual entity taxes for LLCs, LPs, and GPs jumped from $300 to $400, effective retroactively on January 1, 2026.
- Most day-to-day filing fees, like certified copies, service of process, and expedited processing, increased on August 1, 2026.
- Some fees rose dramatically. Validation preclearance went from $250 to $1,500, and trademark applications quadrupled.
- The corporate franchise tax formula itself didn’t change, but many of the fees around it did.
- Delaware isn’t losing its appeal as a business-friendly state. It’s simply gotten more expensive to stay compliant there.
- A little planning now, especially around your registered agent and compliance calendar, prevents a much bigger surprise later.
What’s Really Changing in Delaware
House Bill 400 doesn’t touch just one part of running a Delaware business. It reaches into nearly every stage, from forming your entity to maintaining it, requesting records, expediting a filing, or eventually dissolving it. Corporations, LLCs, limited partnerships, and even trademark holders are all affected in some way.
Businesses still choose Delaware for the same reasons they always have, like its established corporate law and predictable court system, and these fee changes don’t affect that. What they do affect is the ongoing cost of maintaining an entity there. Business owners who keep up with their compliance requirements will feel the impact far less than those who don’t.
The Annual Tax Hike That’s Already in Effect
Here’s where the timeline gets tricky. The annual tax increase for LLCs, limited partnerships, general partnerships, and registered series didn’t wait until August. It took effect retroactively on January 1, 2026, which means it applies to your entire 2026 tax year even though you won’t actually pay the higher rate until 2027.
| Entity Type | Current Annual Tax | New Annual Tax |
|---|---|---|
| General Partnership | $300 | $400 |
| Limited Liability Company | $300 | $400 |
| Limited Partnership | $300 | $400 |
| Registered Series of LLC/LP | $75 | $100 |
| LLP / LLLP (per partner, capped at $180,000) | $200 | $300 |
If you run a limited liability partnership with several partners, that per-partner increase adds up fast. And canceling your entity partway through the year won’t erase the tax you owe for 2026. If your business was active in Delaware’s records at any point this year, the full annual tax still applies.
What’s Changing for Corporations vs. LLCs
A lot of new business owners mix up the Delaware LLC annual tax with the corporate franchise tax, and it’s an easy mistake to make since both fund the same state agency. They’re calculated differently, due on different dates, and now they’re both getting more expensive in their own ways.
Corporations pay a franchise tax based on either authorized shares or assumed par value capital, ranging anywhere from $175 to $250,000 depending on the company’s size. That formula itself isn’t changing under House Bill 400. The franchise tax report and payment are due March 1, separate from the June 1 deadline LLCs, LPs, and GPs face for their annual tax.
Delaware LLCs, on the other hand, don’t file an annual report or pay a franchise tax at all. They simply pay the flat annual tax of $300, rising to $400 starting with the 2026 tax year, due each June 1. Corporations still owe a separate annual report fee on top of their franchise tax, so the two structures carry genuinely different costs and deadlines.
The August 1 Fee Increases You’ll Notice Day-to-Day
The second wave of changes hit on August 1, 2026, and this is the one most business owners will actually feel in real time. These are the fees tied to everyday transactions: pulling a certified copy for a lender, requesting a certificate of good standing, or filing a trademark application.
| Service | Current Fee | New Fee |
|---|---|---|
| Certified copy, first page | $20 | $50 |
| Certified copy, each additional page | $1 | $2 |
| Non-certified copy, first page | $5 | $10 |
| Service of process (all entities) | $50 | $100 |
| Preclearance (all entities) | $250 | $350 |
| Validation preclearance | $250 | $1,500 |
| Foreign Corporation annual report filing fee | $125 | $250 |
| Trademark or service mark application | $25 | $100 |
| Trademark or service mark registration issued | $10 | $50 |
| Short-form dissolution certificate | $10 | $50 |
Expedited processing got more expensive too, and the jump is steep at the fastest turnaround times.
| Turnaround Time | Current Max Fee | New Max Fee |
|---|---|---|
| 24 hour | $100 | $300 |
| Same day | $200 | $500 |
| 2 hour | $500 | $1,500 |
| 1 hour | $1,000 | $2,500 |
| 30 minute | $7,500 | $10,000 |
If your business regularly needs rush filings to close a deal or satisfy a lender’s deadline, it’s worth building that extra cost into your budget now rather than getting surprised later.
UCC Filing Costs Are Rising Too
Lenders rely on Uniform Commercial Code filings to record security interests in collateral, and Delaware raised those fees as well. Paper and over-the-counter UCC filings increased from $100 to $125, while online filings rose from $50 to $75. A new 30-minute expedited option is also available for $1,500, matching the rush pricing used for other corporate filings.
Why a Registered Agent Matters More Now
Every Delaware entity, whether it’s an LLC, corporation, or limited liability partnership, is required to maintain a registered agent with a physical address in the state. That agent receives service of process, legal notices, and other official documents on your company’s behalf, and with service-of-process fees doubling under House Bill 400, having a dependable one matters more than it used to.
Registered agent costs typically fall between $50 and $300 a year, and a straightforward LLC or corporation usually pays somewhere between $50 and $150. That’s a small price for protecting your business from missed notices, lapsed good standing, or a default judgment you never even knew was filed. DoMyLLC provides registered agent services designed to catch every notice, so nothing slips through the cracks while fees are climbing across the board.
This setup is especially valuable if you don’t live in the United States. Non-U.S. residents can form a Delaware company using an Employer Identification Number in place of a Social Security number, and a registered agent’s Delaware address satisfies the state’s physical address requirement even if you never set foot there.
Should This Change How You Form or Maintain a Delaware Business?
If you’re forming a new business, higher fees are a reason to plan carefully, not a reason to skip liability protection altogether. Sole proprietorships and general partnerships still leave your personal assets exposed to lawsuits and business debts no matter what the state charges for paperwork. Paying a few hundred dollars more to form an LLC or corporation still buys you a meaningful legal barrier between your business and your personal finances.
Think about where your business is headed before you choose a structure. An LLC with a solid operating agreement tends to be the more practical choice for a small or early-stage company, while a corporation offers more familiarity to future investors and smoother paths to fundraising. Whichever you choose, open a business bank account under that entity’s name instead of your own, so the protection you’re paying for actually holds up.
If you already have a Delaware entity, now is a good time to check your compliance calendar. Confirm when your annual tax is due, make sure your registered agent information is current, and build the new fee schedule into your 2027 budget. If your business regularly needs certified copies, expedited filings, or foreign qualification paperwork, flag the new costs for whoever handles your books.
Staying Ahead of Delaware’s Compliance Requirements
The businesses that feel this change the least are the ones already running a tight compliance process. They know their deadlines, they have a registered agent they trust, and they’re never scrambling for paperwork the moment a lender or investor asks for it.
DoMyLLC helps business owners handle formation, registered agent services, and ongoing compliance support so a fee increase like this doesn’t turn into a missed deadline or a surprise penalty. Whether you’re forming your first Delaware entity or keeping one you’ve had for years in good standing, having a reliable partner for the paperwork frees you up to focus on actually running your business.
Have questions about staying compliant in Delaware? Contact us today to talk through what these changes mean for your business.
FAQs
Yes. Standard franchise tax rates aren't changing, but corporations now face higher costs for annual reports, certified copies, service of process, and expedited processing, so the changes reach well beyond LLCs and partnerships.
LLCs pay a flat annual tax, rising from $300 to $400, due each June 1, with no annual report required. Corporations pay a franchise tax calculated from authorized shares or assumed par value capital, ranging from $175 up to $250,000 for large filers, due March 1 along with a separate annual report fee.
The increase for LLCs, LPs, and GPs took effect retroactively on January 1, 2026, but most businesses won't see it reflected until they pay their 2026 tax in 2027.
Not entirely. If your entity was active in Delaware's records at any point during 2026, the full annual tax for that year is generally still owed, regardless of when you dissolve.
No. Non-U.S. residents can use an Employer Identification Number instead, paired with a registered agent that maintains the required physical address in Delaware.
Validation preclearance jumped from $250 to $1,500, the 30-minute expedited processing option rose from $7,500 to $10,000, and trademark application fees quadrupled from $25 to $100.
For most businesses, yes. Delaware's established corporate law and predictable courts remain major advantages. This change simply means budgeting more carefully for the ongoing cost of staying compliant.
Review your compliance calendar, confirm your registered agent details are accurate, and build the new fee schedule into next year's budget. DoMyLLC can walk through what these changes mean for your specific entity type.
Disclaimer: This content is intended for general educational and informational purposes only and does not constitute legal, tax, or accounting advice. Every effort is made to keep the information current and accurate; however, laws, regulations, and guidance can change, and no representation or warranty is given that the content is complete, up to date, or suitable for any particular situation. You should not rely on this material as a substitute for advice from a qualified professional who can consider your specific facts and objectives before you make decisions or take action.