Form an S-Corp in Delaware: Fast, Simple, and Hassle-Free

We found a top pick for setting up an S-corp in Delaware after evaluating multiple business formation services. With Inc Authority, you’ll only cover the state filing fee; no service charge.

Having launched 250K+ businesses, its team has the expertise to form your S-Corp smoothly.

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Have professionals handle your S-corp paperwork at no cost.

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What You Should Know Before Forming an S-Corp in Delaware

An S-Corp in Delaware, just like any other business entity, has certain legal requirements you should meet to form it and keep it in good standing.Here are some key things to keep in mind when forming an S-Corp in Delaware.

  • To qualify for the S-Corp tax status, you first need to form a corporation or a limited liability company in Delaware. These are eligible to elect the S-Corp status. Corporations cost at least $109 to file, while LLCs cost $110.
  • After you form your company, you can file IRS Form 2553 to elect S-Corp status. It’s free, but timing matters. File within 75 days of forming, or within 75 days of the new tax year, to lock in S-Corp benefits for that year.
  • Every year, Delaware requires businesses, including S-Corps, to file a report to stay compliant. The cost to file this online is $50 annually. This is important to stay in good standing with the state, so you need to be consistent.
  • Delaware C-corps with the S-Corp status pay the state’s franchise tax, which starts at $175 and can be higher depending on the number of authorized shares. LLCs with S-Corp status pay a flat $300 annual franchise tax.

An S-Corp in Delaware can be a smart choice for business owners seeking tax savings. Understanding these requirements ahead of time will help you avoid costly mistakes when forming an S-Corp and keep your business compliant.

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1. Decide on a Relevant and Unique Business Name

The first step in creating an S-Corp in Delaware is choosing a business name that meets the state’s naming rules. It should be distinguishable from other brands, so it’s worth brainstorming several options before narrowing down your choice.

You can check the Delaware Division of Corporations’ name database to ensure that your desired name isn’t already taken. If your preferred name is available, you can reserve it for 120 days by filing a name reservation request with the state for $75.

Decide on a Business Name
Secure a Domain Name

2. Secure a Domain Name Matching Your Business Name

Once your business name is chosen, grab a matching domain name. Even if you don’t plan to create a site yet, purchasing a domain name early prevents someone else from taking it. This will make your online presence easier to manage.

Owning a domain also allows you to create professional, branded email addresses from the start. Many domain registrars offer bundled services, such as email hosting and website-building, which you can activate whenever you’re ready.

3. Designate a Delaware Registered Agent for Your S-Corp

When you set up an S-Corp in Delaware, you’ll need someone in the state to officially receive notices and documents for your business. A registered agent handles legal papers, state notices, and anything that requires an official response.

Your registered agent can be you (if you live in Delaware) or a professional agent whose address is listed on public records. Many choose a professional because they’re more reliable and ensure you get all documents on time.

Designate a Delaware Registered Agent
Register an Alaska LLC or Corporation

4. Register an LLC or Corporation with the State of Delaware

Before you can form an S-Corp in Delaware, you need to form your business as either a Delaware LLC or a C-corporation. That’s because an S-Corp isn’t a separate business entity; it’s a tax status you choose for your existing company.

You’ll file your formation documents with the Delaware Division of Corporations, providing accurate details about your business, owners, and address. Once it’s approved and your entity is official, you can move on to electing S-Corp status.

5. Create Your Operating Agreement or Corporate Bylaws

Once you form your company, it needs clear rules for day-to-day operations. If you set up an LLC, create an operating agreement. If you formed a corporation, draft corporate bylaws. These documents outline how decisions are made.

While they may seem like just paperwork, they’re essential for keeping your business organized and preventing future conflicts. Without this internal guide, your S-Corp in Delaware might run into misunderstandings between owners or managers.

Create Your Operating Agreement or Bylaws
Get an EIN (Employer Identification Number)

6. Get an EIN (Employer Identification Number)

An EIN, also called a tax ID, is like your business’s Social Security number. It’s how the government knows your company exists and tracks its taxes. You’ll need one to open a business bank account, apply for licenses, or bring on employees.

Getting an EIN is simple, and the easiest way to do it is to get it online. Even if you’re not hiring right away, it’s still worth getting your EIN early. It keeps your personal and business finances separate, which is important for legal purposes.

7. Elect the Official Federal S-Corporation Tax Status

Once your Delaware entity is in place and you have your EIN, you can file to become an S-Corp in Delaware for tax purposes. This is done by submitting IRS Form 2553, which tells the IRS you want your business taxed under Subchapter S rules.

You need to meet the eligibility requirements and file the form within 75 days of your formation date or within 75 days of the new tax year. If you miss the deadline, you’ll have to wait until the next tax year for Delaware S-Corporation benefits to apply.

Elect the S-Corporation Tax Status
Open a Business Bank Account

8. Open a Business Bank Account for Your S-Corp

Once you start your S-Corp in Delaware, it’s important to separate your business and personal finances. Opening a dedicated corporate bank account makes it easier to track income and expenses. This also helps protect your personal assets.

Many banks offer accounts for businesses with low fees or added perks. You’ll need your EIN, formation documents, and possibly your operating agreement or bylaws to open the account. It allows you to accept payments under your business name.

9. Apply for Necessary Business Licenses and Permits

In Delaware, every entity conducting business must have a state business license, regardless of industry. This rule applies to LLCs, S-Corps, sole proprietorships, and partnerships alike. You can apply online through the Delaware Division of Revenue.

License fees vary depending on your industry and are renewed annually. In addition to the state license, certain professions, such as real estate firms, consulting businesses, or healthcare providers, may require professional licenses.

Apply for Necessary Business Licenses and Permits
Set Up an Accounting System

10. Set Up an Accounting System for Your New Business

Good accounting is important for any Delaware business. You’ll need to keep track of income, expenses, contracts, and payroll. Organized financial records make tax filing easier and protect you if your business is ever audited or involved in a legal dispute.

Many S-Corp owners use bookkeeping services or tools for the process. These tools can track transactions, generate reports, and help with payroll. It’s also a good idea to store copies of important documents in both digital and physical formats.

11. Get a DBA for Your New S-Corp in Delaware

A Doing Business As (DBA) lets your S-Corp in Delaware operate under a different name than its legal one. This is helpful if you want a more marketable brand name. Even though your S-Corp already has a registered name, a DBA adds flexibility.

If your S-Corp in Delaware has multiple product lines or services, getting a DBA will be useful. It allows you to target different audiences. Your customers will recognize the DBA name, but legally, everything is still tied to your S-Corp in Delaware.

Get a DBA for Your S-Corp
Develop a Business Website

12. Develop and Launch a User-Friendly Business Website

A website can help people learn about your S-Corp in Delaware online. It’s like your digital storefront. You can include your business name, services, and contact information so customers can reach you quickly from anywhere.

Make sure your website works well on phones and computers. Use a clean website design so it’s easy to read. You don’t need to spend a lot of money at the start. Many website builders are affordable and offer templates that are easy to use.

13. Get Business Insurance to Cover All Your Bases

You can protect your S-Corp in Delaware from risks with business insurance. Common types include general liability, professional liability, and workers’ compensation. These can cover property damage, lawsuits, and lost income.

Some industries require specific coverage by law. Even small S-corps in Delaware can benefit from having protection. It’s an extra safety net for your business. Compare quotes to get the best insurance coverage for your budget.

Get Business Insurance
Maintain Corporate Formalities

14. Maintain Corporate Formalities and Stay Compliant

An S-Corp in Delaware must follow certain formalities to maintain liability protection. This may include holding meetings, keeping meeting minutes, and documenting major business decisions, even if your S-Corp is small or has just one owner.

You can make this easier by setting a yearly schedule for meetings and keeping a corporate record book. This book can store your meeting minutes, stock certificates, and important resolutions. This will help keep things organized for your S-Corp.

Why Outsource Your S-Corp Delaware Formation to an Expert

The process of starting an S-Corp in Delaware can be tricky. There are forms to fill out, rules to follow, and deadlines to meet. An expert can make the process faster, easier, and less stressful for you.

Avoid Costly Formation Mistakes

Avoid Costly Formation Mistakes

An expert knows the exact steps to form an S-Corp in Delaware without errors. They understand the paperwork and how to submit it correctly. This reduces the risk of delays or rejection from the state.

Saves Valuable Preparation Time

Saves Valuable Preparation Time

Filing for an S-corp in Delaware takes research. An expert can handle the process while you focus on running your business. This means you can start operating sooner without getting stuck in paperwork.

Ensure Business Compliance

Ensure Business Compliance

S-Corp Delaware rules must be followed from day one. An expert keeps your formation documents accurate and in line with state laws. This helps keep your business in good standing from the start.

Handle Extra Requirements

Handle Extra Requirements

Some S-Corps in Delaware need special business permits or licenses. An expert can tell you exactly what you need and how to get it. This makes sure you don’t miss anything important.

Offer Professional Guidance

Offer Professional Guidance

An expert can explain the benefits and limits of an S-Corp in Delaware. They can also help you understand tax advantages and rules. This guidance can help you make better business decisions.

Speeds Up S-Corp Formation

Access to Additional Services

Many experts and business formation services offer more than just setting up your S-Corp in Delaware. They can provide registered agent services, compliance reminders, and more.

Why Partner with Inc Authority to Form an S-Corp in Delaware

Although forming an S-Corporation in Delaware can be direct, the process involves more steps than most people expect. Therefore, partnering with a reliable business formation service like Inc Authority can reduce the stress. Here’s why.

Free and Affordable Services

Free and Affordable Services

One big reason to choose Inc Authority for your S-Corp in Delaware formation is cost. It offers a free business formation service; you only pay state filing fees. Even its paid upgrades are affordable, which makes forming an S-Corp in Delaware budget-friendly.

Proven Expertise and Credibility

Proven Expertise and Credibility

When forming an S-Corp in Delaware, you want a company that knows what it’s doing. Inc Authority has helped over 250,000 entrepreneurs start and grow their businesses. Its proven track record means it understands the challenges and solutions for S-Corp formation.

Registered Agent Service

Free Registered Agent Service

Every S-Corp in Delaware needs a registered agent to receive official documents. Inc Authority includes this service for free for the first year. Your registered agent ensures you never miss important notices. This is a service that costs $100–$300 a year with other providers.

Professional Tax Support

Professional Tax Support

Taxes can be tricky, especially when you’re setting up an S-Corp in Delaware. Inc Authority connects you with professionals who understand S-Corp tax rules. They can guide you on IRS Form 2553 and help you take advantage of S-Corp tax benefits.

Timely Customer Assistance

Timely Customer Assistance

Questions always pop up when you’re starting a business about paperwork and more. Inc Authority offers customer support via email and phone to get you answers fast. This kind of reliable support makes forming an S-Corp in Delaware far less stressful.

Reliable Digital Storage

Digital Document Storage

When you form an S-Corp in Delaware, you’ll have important documents like formation certificates and tax IDs to keep safe. Inc Authority provides secure digital storage so you can access your paperwork anytime. Everything is stored online in one place.

Form an S-Corp in Delaware Today
free plan
starter

Starter Plan

If you want to launch your S-Corp in Delaware with expert tools, this premium plan is for you. Here’s what you’ll get in addition to what the free plan offers.

  • EIN Registration: Inc Authority guides you on how to obtain an EIN for your S-Corp in Delaware, allowing you to open bank accounts, hire employees, and file taxes.
  • Customized Operating Agreement or Bylaws: This is a tailored document that sets clear rules for how your S-Corp in Delaware will be managed internally.
  • Initial Meeting Minutes & Resolutions: The package includes meeting minutes templates to formally record your S-Corp in Delaware’s resolutions.
  • Annual Compliance Reminders: You’ll receive timely notifications to help your S-Corp in Delaware meet deadlines and maintain good standing with the state.
  • Professional Business Record Book: You’ll get a high-quality binder to keep all important S-Corp in Delaware documentation organized and accessible.
  • Ownership or Stock Certificates: With this plan, Inc Authority lets you issue official certificates to record the members or shareholders of your S-Corp in Delaware.
  • Corporate Forms Package: This plan includes a collection of ready-to-use forms and documents for handling common administrative tasks for your S-Corp in Delaware.
  • Web Domain + 5 Business Email Addresses: You get a professional domain and branded emails that give your S-Corp in Delaware a credible online presence.

Price: Custom

Fasttrack

All the features offered in the Starter plan are accessible on this plan, along with other services and perks, including:

  • Faster Document Preparation and Filing: Your S-Corp in Delaware formation documents are moved to the front of the line, so you don’t get stuck waiting for weeks.
  • Dedicated Customer Success Advisor: You’ll have one-on-one guidance from a personal success advisor walking you through every step of setting up your S-corp in Delaware.
  • Tailored Business Advice: Your S-corp in Delaware should have a strategy built just for it. This service connects you with experts who recommend processes and plans that match your specific goals.
  • Personalized Banking Specialist: A dedicated specialist will walk you through opening a separate business account and keeping your S-Corp finances organized from day one.

These extra services are useful if you want more speed, guidance, and expert support right from the start. These services are available as add-ons for the Starter plan.

Price: Custom

FAQ

An S-corporation classification offers several unique advantages that make it appealing to many business owners. Some of the top advantages include:

  • Pass-Through Taxation: With an S-corp in Delaware, your business’s profits, losses, deductions, and credits flow straight to you and the other shareholders. That means you avoid the double taxation that traditional corporations face.
  • Tax Savings on Self-Employment: Owners can pay themselves a reasonable salary and take the rest as distributions, which are not subject to self-employment tax.
  • Credibility and Professionalism: Forming an S-corp in Delaware can help build trust with customers, suppliers, and potential investors. Customers see you as a professional and established business.
  • Limited Liability Protection: Owners of an S-corp in Delaware are generally not personally responsible for the company’s debts or liabilities. If your company runs into legal trouble or debt, your home, savings, and car are typically safe.
  • Easier Transfer of Ownership: Transferring ownership in an S-Corp in Delaware is often simpler than restructuring other business types. You can sell or gift shares without disrupting the company’s operations.
  • Easier Access to Capital: While S-Corps can have only one class of stock, you can still sell shares to raise money. Lenders may also be more comfortable approving loans for an S-Corp than for less formal entities.

Yes, Delaware fully recognizes the S-corp status, but it’s important to understand how it works. An S-corp in Delaware starts out as either a corporation or an LLC formed under Delaware law. After that, the business owner must file IRS Form 2553 with the Internal Revenue Service to elect S-corporation status for federal tax purposes.

Delaware itself does not have a separate S-corp tax classification at the state level, but it honors the federal S-corp election. That means once the IRS accepts your election, your business will be taxed with S-corp considerations both federally and in the state.

You just need to follow a step-by-step process to form an S-corp in Delaware. First, you’ll have to create a legal business entity, then opt for an entity classification election with the IRS. Here’s how you can do it in a straightforward way.

  • Choose a Business Name: Start by picking a name that meets Delaware’s rules and stands out from existing businesses. You can search the state’s name database to make sure it’s available, and if you find the perfect one, you can reserve it for up to 120 days for $75.
  • Get Your Domain Name: Once you’ve settled on a name, it’s smart to secure a matching web address. Even if you don’t plan to build a website right away, owning the domain will help you secure your brand’s custom web address.
  • Appoint a Registered Agent in Delaware: Every S-corp in Delaware needs a registered agent to receive official documents and notices. This can be you or a professional service that ensures you never miss important paperwork.
  • Form Your LLC or Corporation: An S-corp is a tax status, not a separate entity type. You’ll first need to form a Delaware LLC or corporation by filing the required documents with the state and getting official approval.
  • Write Your Operating Agreement or Bylaws: These are the rules that explain how your business will run. They help avoid confusion and keep everything organized, especially if your S-corp in Delaware has more than one owner.
  • Get an EIN: An Employer Identification Number is like a Social Security number for your business. You’ll need it for taxes, banking, and hiring employees, and it’s quick to apply for it online.
  • Elect S-Corporation Status: Once your business is set up, file IRS Form 2553 to be taxed as an S-corp in Delaware. This must be done within 75 days of formation or the start of the new tax year.
  • Open a Business Bank Account: Keeping your business and personal finances separate is important for liability protection. So, set up a business account for your S-corp in Delaware using any reliable financial institutions.
  • Apply for Licenses and Permits: Every business in Delaware needs a state business license. Some industries may also require extra permits, so be sure to check what applies to you.
  • Set Up Your Accounting System: Good bookkeeping makes tax time easier and keeps you out of trouble. You can use software, hire a bookkeeper, or do both to track income, expenses, and payroll.
  • Consider a DBA Name: A DBA name lets your S-corp in Delaware operate under a brand name that’s different from its legal one. You can apply for this to market different services or product lines for your S-corp in Delaware.
  • Get Business Insurance: Insurance can protect your S-corp in Delaware from lawsuits, accidents, and other risks. The type you need depends on your industry and operations.
  • Maintain Compliance: To keep your business running smoothly, submit your taxes and annual reports by the required deadlines, and make sure you follow all state regulations.

The cost of starting an S-corp in Delaware depends on the type of entity you choose (corporation or LLC). It also depends on whether you handle the process yourself or use a professional formation service. If you use a service like Inc Authority, you can start with a free plan and only pay the state filing fee. This costs a minimum of $109 for a corporation and $110 for an LLC in Delaware. This is the mandatory base cost for registering your entity with the state.

However, you may need to budget for extra costs like operating agreements or bylaws, business licenses, or expedited filing if you want your S-corp in Delaware set up quickly. Some business owners also invest in premium formation packages that include professional tax help and compliance tools that vary based on the service used.

Plus, you may want to budget for an accountant to handle IRS Form 2553 and set up payroll. The costs can range from $200 to $1,000+, depending on services.

All in all, the total cost depends on how simple or comprehensive you want your setup to be.

Yes, there are ongoing fees you’ll need to pay to keep your S-corp in Delaware in good standing. Every year, corporations in Delaware must pay an annual franchise tax, a minimum amount of $175, and the amount can vary based on your business structure and size. You’ll also need to file an annual report with the state, which has its own filing fee of $50.

If you formed your S-corp in Delaware as an LLC with S-corp status, you’ll still have to pay an annual franchise tax of $300. On top of that, if you use a registered agent service, you’ll need to pay their yearly fee too. These costs are important to factor into your budget so your business stays compliant year after year.