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Glossary

Delaware franchise tax

Also known as: DE franchise tax

jurisdiction

Delaware's annual tax on corporations formed in the state, due 1 March. Calculated under one of two methods — authorised-shares or assumed par value capital — with the taxpayer entitled to use whichever is lower.

Full entry

Who owes it

Delaware corporations (Inc, Corp). Delaware LLCs pay a flat $300 annual tax instead and have no franchise tax or annual report.

The two calculation methods

  • Authorised-shares method. A flat per-share schedule. Simple to calculate but often produces very large bills for startups that authorised, say, 10,000,000 shares at formation.
  • Assumed par value capital method. Based on your total gross assets and issued shares. For most early-stage startups this method dramatically lowers the bill.

Delaware lets you pay under whichever method gives a lower result, with a minimum tax. The annual report filed alongside determines which method the state will apply.

Timing

Due 1 March with the annual report. The report fee is $50. The franchise tax itself ranges from a minimum of $175 (authorised-shares method) or $400 (assumed par value capital method) up to a cap of $200,000 for very large corporations. Most early-stage startups land near the minimum under the assumed par value method.

See also: registered agent.

This is not tax advice. See the disclaimer.

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