Frequently asked questions

A Delaware LLC is a limited liability company formed under Delaware Title 6 Chapter 18 (the Delaware Limited Liability Company Act). It provides limited liability to its members while allowing pass-through taxation by default. Delaware LLCs are popular among non-resident founders because Delaware allows formation without requiring the owner to be a US citizen or US resident.

Yes. Non-US residents can form a Delaware LLC without a Social Security Number, US address, or US presence. You need a passport for identity verification, an EIN for IRS purposes, and a Delaware Registered Agent. Delewarellc forms Delaware LLCs for non-resident founders for $297 plus the $110 Delaware state fee.

Standard Delaware LLC formation takes 2-4 weeks through the state portal. Expedited filing is available for $50-$1,000 above the standard fee. Delewarellc's full formation process including EIN and bank account applications takes 8-10 business days end to end.

Delaware LLC year-one costs are $110 state filing fee plus registered agent fees ($50-$179/year depending on provider) plus optional service fees. Delewarellc charges $297 plus the state fee for full formation including registered agent for Year 1, EIN application, Operating Agreement, and bank account applications.

No. Delaware LLCs do not file annual reports. Instead, Delaware LLCs pay a flat $300 annual franchise tax due June 1. This is different from Delaware Corporations, which file both annual reports and franchise tax payments by March 1.

A Delaware Registered Agent is a person or company designated to receive legal documents and state correspondence on behalf of the LLC. Per 8 Del. C. § 132, the agent must maintain a physical Delaware address and be available during normal business hours. Non-resident founders cannot serve as their own Registered Agent.

The Delaware Certificate of Formation is the legal document that creates the LLC, filed with the Delaware Division of Corporations. It contains the LLC name, the registered agent's name and address, and the organizer's signature. The state filing fee is $110.

The Operating Agreement is the internal contract among LLC members defining ownership percentages, profit distribution, management structure, and operating rules. Delaware does not require filing it with the state, but Title 6 § 18-101 strongly implies the LLC should have one. Delewarellc includes a customized Operating Agreement in its $297 service.

Yes. Physical presence in the United States is not required to form a Delaware LLC or maintain it. The entire formation process, banking applications, and ongoing compliance can be handled remotely.

No. You do not need a personal US address. The Delaware LLC needs a registered agent address (which Delewarellc provides) and an address for IRS correspondence (which can be your home address abroad).

Form 5472 is required annually from foreign-owned single-member US LLCs treated as disregarded entities. The penalty for not filing is $25,000 per occurrence. Form 5472 must be filed with pro forma Form 1120 by April 15 (extendable to October 15).

No, you do not need an ITIN to form the LLC or get an EIN. An ITIN (Individual Taxpayer Identification Number) is needed only if you personally must file a US tax return (Form 1040-NR) showing US-source income from the LLC. Many non-resident LLC owners never need an ITIN.

Pass-through taxation means the LLC itself does not pay income tax. Profits and losses pass through to the LLC members who report them on their personal tax returns. This is the default treatment for both single-member and multi-member LLCs.

Most non-resident founders want a US business bank account to accept payments via Stripe and to deal with US clients smoothly. The LLC itself does not legally require a US account, but you cannot connect a non-US bank to Stripe for a US LLC. Delewarellc applies to 4-5 banks per customer to maximize the chance of approval.

The Delewarellc Delaware LLC bundle includes: Certificate of Formation filing, the $110 Delaware state fee, registered agent for Year 1, EIN application via Form SS-4, an Operating Agreement template, applications to 4-5 banks, WhatsApp support in 5 languages, and a Form 5472 awareness brief.

Year 2 onwards, you owe the Delaware $300 franchise tax (due June 1) and registered agent renewal (approximately $99 with Delewarellc, $50 with Harvard Business Services, more elsewhere). No mandatory Delewarellc subscription. We send free reminders so you do not miss deadlines.

No. The $297 plus Delaware state fee covers the bundle listed on the pricing page. Bank approval is outside our control. CPA filings for Form 5472 are a separate cost paid to the CPA, not to Delewarellc. We do not take referral fees.