Franchise Tax in Delaware: How to Calculate and Pay

In some cases, the Delaware franchise tax can be reduced or waived. Can the Delaware franchise tax be waived or reduced? The Delaware franchise tax is due on or before March 1st of each year. When is the Delaware franchise how to convert a money factor to an interest rate tax due? How is the Delaware franchise tax calculated?

The due date for Delaware Franchise Tax is March 1st of each year, and failing to file on time can result in a penalty of $200 per month, up to a maximum of $1,200. Paying the Delaware Franchise Tax online is a convenient and efficient way to maintain your status as a Delaware corporation. These services typically charge a fee, but they can save you time and hassle. Once you have determined how much you owe in Franchise Tax, there are several ways to pay it.

The Importance of a Registered Agent and Timely Tax Payments

The filing fee for filing an Annual Report or Amended Annual Report for exempt domestic corporations is $25. Failure to file and pay by the March 1st deadline results in a $200 late fee for the overdue Annual Report and interest on the unpaid tax at 1.5% per month. 8 Delaware Code § 504 (2024) – Collection and disposition of tax; tentative return and tax; penalty interest; investigation of annual franchise tax report; notice of additional tax due. You should receive an electronic confirmation once the report and payment have been successfully processed, completing your annual obligation. Before calculating or paying the franchise tax, you must gather information for the mandatory Annual Report filed with the Delaware Division of Corporations.

  • All corporations using either method will have a maximum tax of $200,000.00, unless it has been identified as a Large Corporate Filer then their tax will be $250,000.00.
  • The exact amount a company owes will depend on its specific circumstances.
  • If a company fails to pay the Delaware franchise tax, it can be subject to penalties and interest charges.
  • The Authorized Shares Method calculates tax based on the total number of shares a corporation is authorized to issue.
  • It is important for corporations to understand how the tax is calculated, when it is due, and how to pay it.

Personal Liability Risk

Entities with 10 million or more authorized shares owe the maximum tax. The Authorized Shares Method calculates tax based on the total number of shares a corporation is authorized to issue. The minimum tax for most corporations is $175, while the maximum is $200,000 for large publicly traded corporations classified as “Large Corporate Filers” based on specific financial thresholds. Many businesses incorporate in Delaware due to its favorable corporate laws, making this tax an important consideration. Taxpayers owing $5,000.00 or more pay estimated taxes in quarterly installments with 40% due what is a creditor June 1, 20% due by September 1, 20% due by December 1, and the remainder due March 1.

  • This tax is a yearly fee that all corporations incorporated in Delaware are required to pay.
  • Who needs to pay the Delaware franchise tax?
  • A late fee of $200 is imposed if the tax payment or annual report is not submitted by March 1, and interest accrues at 1.5% per month on unpaid balances.
  • For corporations with 5,000 or fewer authorized shares, the tax is $175.
  • Large Corporate Filers—those owing the $200,000 maximum tax—must make estimated quarterly payments on June 1, September 1, and December 1, with the remaining balance due by March 1 of the following year.
  • This is the maximum number of shares that a corporation is legally permitted to issue.

While this tax is often viewed as a nuisance, it is an essential part of doing business in Delaware. It’s important for businesses to understand these differences and plan accordingly to avoid any penalties or interest charges. The Delaware Income Tax, on the other hand, is calculated based on the company’s taxable income earned within the state.

We cover who must file, different calculation methods, annual report requirements, payment deadlines, penalties, and compliance strategies for small businesses and mid-sized CPA firms. Delaware corporations must file an annual franchise tax report and submit payment to the Delaware Division of Corporations by March 1. However, Delaware corporations are required to pay a franchise tax annually, which is a fee for the right to do business in the state. The state of Delaware requires online payment for the franchise tax and annual report filing.

Understanding Delaware Registered Agent Requirements

A straight-talking overview of five small business tax prep options in 2025, including Madras Accountancy, TurboTax, H&R Block, TaxSlayer, and Bench’s books-plus-tax model. Late payments incur a $200 penalty plus 1.5% monthly interest on unpaid amounts. The Assumed Par Value Capital Method uses a complex formula considering assumed par value of issued shares, total gross assets, and total issued shares. Delaware franchise tax may seem like a routine obligation, but it can quickly become a liability if mishandled. These entities may need to work closely with tax professionals to ensure proper compliance with enhanced reporting requirements.

For Corporations

Navigating the intricacies of tax liability can often resemble traversing a labyrinth of ever-changing rules and regulations. Every small business owner hits a wall where their old equipment just won’t cut it anymore. For freelancers and small business owners, 2026 is shaping up to be a turning point.

Understand what your company actually owes and how to compute your tax liability

Delaware offers a Franchise Tax Calculator in order to assist companies with understanding their tax liability. In this case, Company A will pay only $1,750.00 by electing to use the Assumed Par Value Method, instead of the $150,175.00 that was sent to them in their original notice from the state using the Authorized Share Method. A lot of companies these days, particularly startups, seems to want to authorize millions and millions of shares in the anticipation of large rounds of funding. More companies incorporate in the state of Delaware than any other state for these, as well as other reasons. However, more often than not, your company will not owe anywhere near this amount.

How to File Your Delaware Annual Report and Pay Franchise Tax

The maximum tax under this method is capped at $200,000, except for certain large corporate filers (such as those regulated under financial laws), which may be subject to a higher maximum. For corporations, the franchise tax is not a one-size-fits-all number. Failure to understand the annual franchise tax can lead to significant penalties, loss of good standing, or even administrative dissolution. From large corporations to single-member LLCs, many choose Delaware for its favorable corporate laws, efficient court system, and tax advantages. The Assumed Par Value Capital Method bases tax on a corporation’s issued shares and total gross assets.

Delaware franchise tax is a yearly tax paid by corporations that are incorporated in Delaware. The annual franchise amortization tax rate for corporations is $175, with a minimum tax of $400. The franchise tax is calculated based on the number of authorized shares the corporation has.

Understanding Delaware’s Corporate Franchise Tax

The report includes corporate details such as the names and addresses of directors and officers. Corporations can choose the method that results in a lower tax liability. The penalty for not filing a completed Annual Report on or before March 1st is $200.00 Interest at 1.5% per month is applied to any unpaid tax balance. An annual Franchise Tax Notification is mailed directly to the corporation’s registered agent.

You are permitted to pay the lower of the two amounts. If you’re a freelancer or small business owner with a registered entity in Delaware, you’ve likely heard of the Delaware Franchise Tax. Please get in touch with an attorney or accountant for legal and financial advice.

How do I pay my Delaware Franchise Taxes?

The penalty for late filing is a $125 fee. Corporations can choose to use the Authorized Shares Method, the Assumed Par Value Capital Method, or the Alternative Method to calculate their franchise tax. The June 1st deadline is for corporations that have a fiscal year-end other than December 31st. The March 1st deadline is for corporations that have a fiscal year-end of December 31st. Delaware is known for having a low tax rate, making it a popular state for incorporating a business. By keeping these key points in mind, you can ensure that you calculate the tax accurately and avoid any costly penalties or fines.

Every domestic corporation must report and pay their annual franchise tax by this deadline to maintain good standing. This method calculates tax based on your corporation’s total gross assets and issued shares, providing a more accurate representation of the company’s actual economic value. Under this method, your franchise tax is based solely on the number of shares your company is authorized to issue, regardless of whether those shares are issued or outstanding. LLCs do not file an annual report in Delaware but still face penalties and interest if this flat tax is missed. While the corporation may still be sued, it cannot defend itself until reinstatement, which requires paying all outstanding taxes, penalties, interest, and a reinstatement fee.