Delaware Franchise Tax: How to Calculate and Pay

Note that a single additional authorized share will cause this startup to pay an extra $85. For example, newly formed corporations and LLCs are eligible for a reduced franchise tax rate for their first year of operation. Nonprofits may also be eligible for a reduced franchise tax rate if they meet certain criteria. As your Registered Agent, we will send you tax reminders both by mail and email, well in advance of the due date. We offer a tax filing service for a small fee in addition to your Franchise Tax amount. For a discounted rate you can submit your Delaware Franchise Tax payment via our online Franchise Tax form.

  • If such schedule is no longer in use, the Secretary of State shall designate a replacement.
  • This option is quite simple; 5,000 or less, you pay the regular $175.
  • This document outlines the rights of the investors, including anti-dilution protections and information rights, among others.
  • If necessary, a Stock Amendment may be submitted to the state for permission to raise the total number of corporation-authorized shares.
  • Roughly, if you’ve raised $500k to $1M in venture funding, you are likely to owe between $500 to $1,000.
  • The actual tax rate in the city is substantially lower since the assessed value is so little of what the property is now worth on the market.

For persons filing their corporation’s Annual Report without assistance, however, the Delaware Division of Corporations’ website accepts the electronic filings. When using the ‘Assumed Par Value Method,” you must provide numbers for all issued shares (including treasury shares) AND total gross assets. Additionally, the methodologies used to determine your tax liability vary across states. When clients are thinking about forming Delaware Corporations, one of the most important decisions to make is how many total Authorized Shares of Stock the Corporation will have along with the Par Value of the Shares. This information is listed on the Delaware Certificate of Incorporation filed in Delaware. And one of the most popular questions we receive daily is how many shares of stock should I start my Corporation with?

Importance of Delaware Franchise Tax Compliance

Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company.

  • We offer a tax filing service for a small fee in addition to your Franchise Tax amount.
  • While both the Delaware Franchise Tax and Income Tax are important for companies to pay, they differ in their purpose, calculation, and deadlines.
  • Further, in failing to file or to pay the appropriate remedial fees, the corporation would be out of “good standing” with the State.
  • If your company is no longer operating, it’s important to close your Delaware business and end these fees.
  • For example, newly formed corporations and LLCs are eligible for a reduced franchise tax rate for their first year of operation.

So if your Delaware corporation has a million authorized shares, your annual franchise tax will be approximately $7,500. Typically, this corporation is better off to use the second calculation option. A corporation with 5,000 authorized shares or less is considered a minimum stock corporation. The Delaware annual report fee is $50 and the tax is $175 for a total of $225 due per year. The Delaware Division of Corporations provides two methods to calculate Delaware franchise tax. The first method is based on the authorized share count, and VC-backed startups with option pools can quickly get to thousands of dollars in taxes due.

Do I need to file Delaware Franchise Tax?

Franchise taxes are generally due in arrears for the prior calendar year. In addition to corporations, Delaware limited liability companies (LLCs), general partnerships, limited partnerships (LPs) and limited liability partnerships (LLPs) must also pay franchise taxes. Delaware is a popular state for registering a corporation or an LLC due to its business-friendly laws and tax structures. However, one aspect that catches many business owners off guard is the Delaware franchise tax. This tax is an annual fee that all Delaware corporations, LLCs, and nonprofits must pay to maintain their legal status in the state.

delaware franchise Tax calculators FOR “AUTHORIZED SHARE METHOD” AND “ASSUMED PAR VALUE METHOD” (2023 Rates)

No corporation shall consolidate with its assets the assets of another entity for purposes of this section. A non-stock/non-profit company is considered exempt by the State of Delaware. This type of company does economic efficiency not pay the standard annual Delaware Franchise Tax, but must still file and pay the annual report fee of $25 per year. You’ll incur a $200 penalty if you don’t file an annual report on or before March 1.

How to Calculate Delaware Franchise Taxes

If your DE Corporation has high value assets, the Assumed Par Value Capital Method is more complicated, but sets a cheaper tax fee. It is mandatory for Delaware Corporations to file their annual franchise taxes online. To use this method, you must provide figures for all issued and outstanding shares and total gross assets in the spaces provided in your annual franchise tax report. Total gross assets shall be those “total assets” reported on the US Form 1120, Schedule L (Federal Return) relative to the corporation’s fiscal year ending the calendar year of the report. The tax rate under this method is $350 (to be increased to $400 effective for the 2018 tax year) per million or portion of a million.

The Registered Agent is designated by the corporation through the initial formation or a filing submitted by the corporation that designates another Delaware Registered Agent. Please contact Delaware Business Incorporators, Inc. if you require another copy of your notice. After paying their Delaware Franchise Tax, many business owners require a Delaware Certificate of Good Standing. The methods of calculating Delaware Franchise Tax are detailed below. Read on to find out how much you’ll pay, or visit our Delaware Franchise Tax calculator app for a quick answer. Franchise Tax is the fee imposed by the State of Delaware for the right or privilege to own a Delaware company.

It is a legal obligation that must be fulfilled to avoid penalties, interest, and even the possible revocation of the company’s charter. In addition to the legal implications, the Delaware Franchise Tax compliance also has financial benefits for the corporation. It can help improve the company’s credit rating and financial standing, which can lead to better investment opportunities and reduced borrowing costs. If a company fails to pay the Delaware franchise tax, it can be subject to penalties and interest charges. The state can also revoke the company’s legal status, which can lead to further legal and financial issues. From the point of view of startup companies, the Delaware franchise tax can be a burden.

Copyright © 2019. All rights reserved.
Call Now ButtonCALL NOW