Are you looking to incorporate in Delaware? Are you trying to learn about Delaware incorporation or corporation laws? The following summary can get you started on your path to incorporation.
Secretary of State Contact Information | Corporate Filing Section Division of Corporations Delaware Secretary of State John G. Townsend Building 401 Federal Street Suite # 4 Dover, DE 19901 (302) 739-3073 |
Secretary of State Address | http://www.state.de.us/corp/default.shtml |
Corporation Filing Fees | The fee for filing Articles of Incorporation is $89. The Division of Corporations offers a range of expedited options. See their website for more information. |
Corporation Name Reservation Information and Fees | Name availability can be checked by following the “Name Reservation” link on the left menu bar on the website. The name reservation is done online, and the fee is $75. |
Incorporation Forms | http://www.state.de.us/corp/corpforms.shtml |
Periodic Corporation Reporting Requirements | A domestic corporation’s annual Franchise Tax report is due in March. Forms are mailed to resident agents in January. The filing fee is $25. |
Corporation Tax Forms | http://www.state.de.us/revenue/services/Business_Tax/Forms.shtml |
Corporate Tax Summary | All corporations incorporated in the State of Delaware are required to file an Annual Franchise Tax Report and to pay a Franchise Tax . Taxes and annual reports are to be received no later than March 1 each year. The minimum tax is $35 with a maximum of $165,000. Taxes are based on the number of shares of stock issued. Corporations with 3,000 authorized shares or less automatically pay the minimum of $35. Corporations with more than 3,000 authorized shares pay tax according to an annoyingly complex formula that you may find described at the Department of Revenue’s website. Delaware also imposes an income tax, but corporations not conducting business within Delaware are exempt. The Delaware state corporate income tax rate is 8.7 percent of federal taxable income attributable to Delaware activities. |
“S” Corporation Information | Delaware recognizes the federal S corporation provision. The subchapter S election is automatic and no state specific forms need be filed to make the subchapter S election. S corporations conducting business in Delaware must file Form 1100S, S Corporation Reconciliation and Shareholders Information Return. |
Are you ready to form your Corporation or LLC today?
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
You can view his Amazon Author Profile Here.
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