Incorporation FAQs - Learn About LLCs & Corporations | IncNow https://www.incnow.com/faqs/ Delaware LLC Incorporation Services Thu, 22 May 2025 16:18:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 Can a Non-U.S. Citizen Owned Company Hire Employees in the United States? https://www.incnow.com/faq/non-citizen-company-hire-employees/ Thu, 08 Jun 2023 14:39:43 +0000 https://www.incnow.com/?post_type=faq&p=4263 Yes, a U.S. company with foreign owners can hire employees in the United States. U.S. LLCs and corporations need to get an Employer Identification Number (EIN) from the IRS  to hire employees in the United States and pay federal taxes. IncNow can help international customers obtain an EIN number for their LLC or corporation.

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Yes, a U.S. company with foreign owners can hire employees in the United States.

U.S. LLCs and corporations need to get an Employer Identification Number (EIN) from the IRS  to hire employees in the United States and pay federal taxes.

IncNow can help international customers obtain an EIN number for their LLC or corporation.

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When is Annual Franchise Tax Due for Delaware Corporations? https://www.incnow.com/faq/fran-tax-due-delaware-corporations/ Thu, 08 Jun 2023 14:32:25 +0000 https://www.incnow.com/?post_type=faq&p=4262 Delaware corporations must pay the Delaware Annual Franchise Tax on or before March 1st each year. You can pay the Delaware Annual Franchise Tax online through defrantax.com or the Delaware Division of Corporations’ website .You’ll need your business’s Delaware Entity File Number to complete the payment.

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Delaware corporations must pay the Delaware Annual Franchise Tax on or before March 1st each year.

You can pay the Delaware Annual Franchise Tax online through defrantax.com or the Delaware Division of Corporations’ website .You’ll need your business’s Delaware Entity File Number to complete the payment.

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When is Delaware Annual Franchise Tax Due for LLCs? https://www.incnow.com/faq/franchise-tax-due-delaware-llc/ Thu, 08 Jun 2023 14:29:05 +0000 https://www.incnow.com/?post_type=faq&p=4261 Delaware LLCs must pay the Delaware Annual Franchise Tax on or before June 1st each year. You can pay the Delaware Annual Franchise Tax online through defrantax.com or the Delaware Division of Corporations’ website.You’ll need your business’s Delaware Entity File Number to complete the payment.

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Delaware LLCs must pay the Delaware Annual Franchise Tax on or before June 1st each year.

You can pay the Delaware Annual Franchise Tax online through defrantax.com or the Delaware Division of Corporations’ website.You’ll need your business’s Delaware Entity File Number to complete the payment.

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Can LLCs Be Exempt From Delaware Annual Franchise Tax? https://www.incnow.com/faq/llc-exemptions-fran-tax/ Thu, 08 Jun 2023 14:23:10 +0000 https://www.incnow.com/?post_type=faq&p=4260 No, all Delaware LLCs are required to pay the Annual Franchise Tax regardless of their income, activity level, or location of operations. The Delaware Annual Franchise Tax for Delaware LLCs is a flat fee of $300. A Delaware LLC owes this fee to the state for every year that the company is open.

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No, all Delaware LLCs are required to pay the Annual Franchise Tax regardless of their income, activity level, or location of operations.

The Delaware Annual Franchise Tax for Delaware LLCs is a flat fee of $300. A Delaware LLC owes this fee to the state for every year that the company is open.

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How Do I Pay Franchise Tax for My Delaware Company? https://www.incnow.com/faq/pay-delaware-franchise-tax/ Wed, 07 Jun 2023 19:48:46 +0000 https://www.incnow.com/?post_type=faq&p=4258 You can pay the Delaware Annual Franchise Tax online through defrantax.com. You can also submit payment through the Delaware Division of Corporations’ website, by mail, or by phone. You’ll need your business’s Delaware Entity File Number to complete the payment.

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You can pay the Delaware Annual Franchise Tax online through defrantax.com.

You can also submit payment through the Delaware Division of Corporations’ website, by mail, or by phone. You’ll need your business’s Delaware Entity File Number to complete the payment.

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Does My Delaware LLC Owe Franchise Tax? https://www.incnow.com/faq/does-llc-owe-franchise-tax/ Wed, 07 Jun 2023 19:45:04 +0000 https://www.incnow.com/?post_type=faq&p=4257 Your Delaware LLC will owe Delaware Annual Franchise Tax if the company is open at any point in a given year. A Delaware LLC owes Franchise Tax no matter whether the business had any income in a given year.

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Your Delaware LLC will owe Delaware Annual Franchise Tax if the company is open at any point in a given year. A Delaware LLC owes Franchise Tax no matter whether the business had any income in a given year.

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Do I Need an EIN for My Delaware LLC? https://www.incnow.com/faq/delaware-llc-request-ein-irs/ Sun, 18 Jul 2021 23:30:26 +0000 http://www.incnow.com/?post_type=faq&p=436 You may wonder, “Do I need an EIN for my LLC?” A single-member LLC can either use the Social Security Number (SSN) of the single member to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is required for a multi-member LLC, or if you anticipate having employees. The EIN […]

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You may wonder, “Do I need an EIN for my LLC?” A single-member LLC can either use the Social Security Number (SSN) of the single member to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is required for a multi-member LLC, or if you anticipate having employees. The EIN will be the identifying number for your business, much like the Social Security Number is for an individual.

What Is an EIN?

An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is the primary identification number for a business entity. An EIN is not the same number as the filing number that the Delaware Secretary of State issues to each new entity. An EIN must be applied for separately from the Delaware filings and directly with the IRS.

Do I Need an EIN For My LLC?

A company is required to obtain an EIN from the IRS when they hire employees and when they need to file certain tax returns. An EIN is required to open a business bank account at many banks.

Even in instances when an EIN is not required by the IRS, an owner of a business may want to obtain one so they do not need to use their SSN for the business.

Can an LLC Use a Social Security Number?

A single-member LLC, in most instances, is permitted to use the member’s SSN for the business. However, this is not recommended. An LLC should obtain an EIN regardless of membership or tax status so as to ensure there is not liability of the business that is imputed to the owner via “alter-ego” liability theory.

What Is an EIN For?

The EIN is typically used on tax filings, bank account applications, and other purposes when a third party needs to identify an entity doing business locally or across state lines.

Does an LLC Need an EIN?

The IRS says that an LLC must have an EIN if it employs people or if it is required to file certain excise tax forms. Even single-member LLCs classified as disregarded entities will need to obtain an EIN if they fall into this category. If a single-member LLC does not have employees and does not have excise tax liability, it does not need to obtain an EIN. However, even those LLCs should obtain an EIN instead of using the member’s SSN to maintain the separateness between the LLC and its owner.

Does a Corporation Need an EIN?

Any corporation with more than one shareholder is required to have an EIN. A corporation that has one owner may use that person’s SSN, however it is recommended that the corporation obtain an EIN to maintain the separateness between the corporation and its owner.

Does a Single Member LLC Need an EIN?

The rule above also applies to members of LLCs. A single member LLC may use the member’s SSN, however they should obtain an EIN for the business.

How do I get an EIN?

You can get it through the IRS directly or IncNow® can help. Just select the EIN add-on when you place your order for a new entity formation with IncNow, or order the service on our website separately.

When Should I Get an EIN?

We recommend that you obtain an EIN number soon after the formation of your LLC whether you are forming a single-member or multi-member LLC. IncNow can assist with obtaining the EIN for United States residents and non-residents alike.

You may order our EIN service at the time you place your initial LLC formation order or you may come back at a later time. To order this service, visit our EIN order page.

Does an EIN Expire?

An EIN, like a Social Security Number, does not expire. Once the IRS issues an EIN to your company, it will always be associated with your corporation or LLC.

Can I Reuse an EIN?

Separate companies cannot use the same EIN number. EIN numbers are unique to the entities to which they are assigned. For example, two LLCs owned by the same holding company cannot use the same EIN number.

 

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What Is The Delaware Franchise Tax? https://www.incnow.com/faq/what-is-delaware-franchise-tax/ Tue, 02 Aug 2016 13:32:27 +0000 http://www.incnow.com/?post_type=faq&p=2549 Delaware law requires that companies incorporated in the state pay The Annual Delaware Franchise Tax. These payments are essentially “privilege fees” needed to keep a company in Good Standing. For corporations, this also includes filing a simple annual report online that lists the directors. Think of this fee as paying “dues” for the privilege of […]

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Delaware law requires that companies incorporated in the state pay The Annual Delaware Franchise Tax. These payments are essentially “privilege fees” needed to keep a company in Good Standing. For corporations, this also includes filing a simple annual report online that lists the directors.

Think of this fee as paying “dues” for the privilege of having a Delaware company and the rights and protections that come with it. The fee stays the same no matter how much or how little you use these benefits. Staying current with these payments prevents the administrative dissolution of your company.

The Delaware Franchise Tax is crucial for keeping a company in Good Standing in Delaware. A company’s liability shield is only active when it is in Good Standing. If a company falls behind on paying its franchise tax and loses its Good Standing, this shield is removed, exposing the owners’ personal assets to company creditors. Keeping up with the Delaware Franchise Tax is essential to avoid this risk.

How To Pay The Delaware Annual Franchise Tax

To pay the Delaware Annual Franchise Tax, submit your payment to the Delaware Division of Corporations. You can make this payment directly through the Division of Corporations website at corp.delaware.gov.

Alternatively, you can use a filing service, like defrantax.com, to help you submit your payment. These services can simplify the process and ensure everything is done correctly.

Where Do I Pay the Delaware Corporate Tax?

The state of Delaware has a website for its division of corporations. Prominently located on that page is a link titled, File Annual Franchise Tax Report. Through that link, you will be prompted on how to pay the Delaware annual report by submitting your 7-digit Delaware file number. Please note that Delaware now has add two leading zeros to file numbers to make them 9-digits because, having 2-million business entities, Delaware was running out of 7-digit numbers. IncNow can also assist in filing annual reports for corporations. You can pay the Delaware Franchise Tax through the IncNow portal account, on the IncNow website under the “Maintain Your Business” tab, or through the website IncNow’s Franchise Tax Page.

When Is The Delaware Franchise Tax Due?

Delaware companies must pay their Annual Franchise Tax on time each year to maintain their Good Standing. Here are the important dates you need to know:

Delaware Corporations File Franchise Tax By March 1st

March 1st is the deadline for Delaware corporations to submit their Annual Franchise Tax payments. The Division of Corporations will assess a $125 late fee and a 1.5% monthly interest penalty for late payments.

Delaware LLCs File Franchise Tax By June 1st 

Delaware LLCs must pay their Franchise Tax to the Division of Corporations by June 1st each year. The Franchise Tax fee for Delaware LLCs is $300 per year. Failure to pay on time will result in a $200 late fee and a 1.5% monthly interest penalty.

How Much Is The Delaware Franchise Tax For A Corporation?

The Delaware Franchise Tax fee for corporations varies based on the number of shares listed in the company’s Certificate of Incorporation. The minimum fee is $175, which applies to “minimum stock corporations”. These are companies that authorize up to 5,000 shares or less.

The Delaware Division of Corporations uses the “Authorized Shares Method” to calculate franchise tax payments for corporations. Here’s how to calculate the franchise tax using this method:

  • 5,000 authorized shares or less: $175
  • 5,001-10,000 authorized shares: $250
  • Each additional 10,000 shares or portion thereof: add $75

The maximum Annual Franchise Tax amount is $180,000 for corporations. 

A business’s income in a given year does not influence the calculation of the Delaware Franchise Tax. Even companies with no business activity must file the Annual Report and pay the Annual Franchise Tax to maintain their Good Standing Status and remain active.

How Much Is The Delaware Franchise Tax For An LLC?

The Delaware Annual Franchise Tax for LLCs is $300. This flat fee remains constant regardless of the business’s income.

If a company fails to pay its Franchise Tax on time, the Delaware Division of Corporations imposes late fees. These penalties also accumulate interest, which must be paid to restore the company’s Good Standing.

How To Lower Your Delaware Franchise Tax

Sometimes a Delaware corporation may receive a large franchise tax bill despite being a small company with not much income. This is because the state calculates the Annual Franchise Tax amount based on the number of authorized shares in the company.

In such cases, a corporation can potentially lower its franchise tax payment by recalculating using the “Assumed Par Value Method.”

The Assumed Par Value Method, also known as the Issued Shares and Assets Method, is another way to calculate the Delaware Franchise Tax. This method considers the total amount of gross assets that the company owns, which can result in a lower tax bill for smaller companies.

Delaware Assumed Par Value Method Explained 

To calculate the franchise tax using the Assumed Par Value Method, the corporation needs to provide the total number of issued shares (including treasury shares held by the company) and the total gross assets for the corporation’s fiscal year ending the calendar year of the report.

The tax is calculated at $350 per million or portion of a million of assumed par value capital. If the assumed par value capital is less than $1,000,000, you calculate the tax by dividing the amount by $1,000,000, then multiplying that number by $350.

What Is The Delaware Annual Report?

Delaware corporations must submit Annual Reports to the Delaware Division of Corporations by March 1st each year to comply with state laws. Corporations file the Delaware Annual Report at the same time as their Delaware Annual Franchise Tax payment.

The Delaware Annual Report requires details about a corporation and its leadership. Specifically, the Annual Report includes the following information:

  • The company’s principal office address,
  • The name and address of one senior officer,
  • The names and addresses of each director. 

Once filed, a company’s Annual Report becomes part of Delaware’s public record, and copies of the report can be purchased from the state.

Do Delaware LLCs File Annual Reports?

Delaware LLCs do not have an Annual Report requirement. Only Delaware corporations are required to submit an Annual Report.

What Happens When You Don’t Pay The Delaware Franchise Tax?

If a Delaware LLC or corporation fails to pay its Franchise Tax on time, the company will immediately lose its Good Standing status with the state. This means the company is no longer compliant with Delaware law, and its limited liability protection is no longer enforced.

If a Delaware company goes more than three years without paying its Franchise Tax balance, the state will administratively cancel the entity, putting it into “void” status. To be reinstated and return to business, the company must undergo a Revival process.

Do Delaware LLCs Pay Tax In Delaware? 

LLCs pay taxes in the states where they generate income. If your Delaware LLC does not conduct business physically in Delaware, you likely will not owe Delaware taxes. Delaware LLCs operating outside of Delaware are not even required to file Delaware tax returns.

How Long Does It Take to Pay the Delaware Franchise Tax?

The time it takes to pay the Delaware franchise tax depends on the type of entity and the method of payment. A Delaware LLC franchise taw is due by June 1 of each year. A Delaware LLC can either pay its franchise tax online or write a check and send it to the lockbox with a payment coupon. While both methods are simple and only take 5 minutes or so, they both can be a trap for someone trying to keep their name private from the government. This is because Delaware will keep in its log files the name on the credit card and billing address and will also keep a check image with your information. If you would prefer Delaware not obtain your personal information and remain more private, it is better to pay a registered agent service to file the franchise tax for your Delaware LLC because that keeps your name off the state’s log files. The registered agent will collect your payment then turn around and disburse the funds from its depository account, keeping your name off the company. While the agent may change a fee, it may be a small price to pay for additional privacy.

In the case of a corporation, the Delaware franchise tax must be paid online by online bank transfer or credit card when the information is entered in the Delaware annual report by March 1 of each year. The annual report requires that all directors be listed with their addresses. Thus a long list of directors would require more time to enter. Also please remember that your principal place of business cannot be your registered agent’s office.

It only takes a few minutes to pay the Delaware Franchise Tax. All you need to do is log in and follow the steps in the Frantax portal to complete payment.

Do I Need a Delaware Corporate Tax Accountant?

If you have a Delaware corporation or LLC, you do not need to engage a Certified Public Accountant in Delaware. In fact, if you are not doing business in Delaware, you will not even need to file a state income tax form in Delaware. A Delaware Corporate Tax Accountant is not needed because Delaware does not require state income tax or income tax reports if you are not physically doing business in Delaware. The vast majority of Delaware companies have no presence in Delaware. Instead they pay tax in the state and country where they are doing business and also file with the US Internal Revenue Service. Filing an annual Franchise Tax report in Delaware should not require the assistance of an accountant for most people. For minimum stock companies, the report is simple and does not require a recalculation based on the issued shares and assets. It is recommended to hire a tax accountant where you do business to ensure that your yearly income tax returns are filed correctly with the IRS and any other states and countries where you conduct business.

 

IncNow.com can help you calculate and pay your company’s franchise tax along with the annual report for a $300 fee. Please call 1-800-759-2248 for assistance.

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What are the annual costs associated with a Florida LLC? https://www.incnow.com/faq/annual-costs-associated-florida-llc/ Sat, 19 Oct 2013 03:12:16 +0000 http://www.incnow.com/?post_type=faq&p=1037 If you’re interested in incorporating in Florida, you’ll likely wonder what Florida LLC annual costs may be. It is considered relatively inexpensive to form an LLC in Florida, but there are some costs to be aware of. Here’s what you need to know. What Is the Price of Forming a Florida LLC? Florida’s Secretary of […]

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If you’re interested in incorporating in Florida, you’ll likely wonder what Florida LLC annual costs may be. It is considered relatively inexpensive to form an LLC in Florida, but there are some costs to be aware of. Here’s what you need to know.

What Is the Price of Forming a Florida LLC?

Florida’s Secretary of State charges a $125 state filing fee to form an LLC. They also charge annual fees to keep that LLC in good standing. That cost is $138.75 payable to the Florida Secretary of State. Each Florida LLC must also appoint a registered agent. If you are not located in Florida, you will be required to have a third party serve as the company’s registered agent, such as a commercial registered agent service. Often it is convenient to have a registered agent, because they can handle the formation agent paperwork for a nominal additional fee and be available to receive service of process if your company is served service of process, such as a summons and complaint or a subpoena.

Initial Costs to Form a Florida LLC

There are a few basic fees associated with forming a Florida LLC:

  • $125 Florida State Filing Fee, to file the Articles of Organization
  • Fees due to your registered agent to form the LLC and draft the Operating Agreement

Florida LLC Annual Costs

After formation, there are two annual costs to maintain a Florida LLC: an annual report fee and a registered agent payment.

The annual report fee for a Florida LLC is $138.75 (Florida corporations are $150) due annually between January 1st and May 1st. A late fee of $400 is applied by the state if the fee is not paid by May 1st.

The registered agent fee is $99 which is due annually on receipt, but no later than January 1st beginning the year after formation.*

*If a company is formed after July 1st, your registered agent fee includes the remainder of the year and the following year.

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Does My Company Need an EIN from the IRS? https://www.incnow.com/faq/florida-llc-request-ein-irs/ Sat, 19 Oct 2013 03:11:09 +0000 http://www.incnow.com/?post_type=faq&p=1035 The EIN serves as the Federal Tax Identification Number for the company on file with the IRS. A single-member LLC can either use the Social Security Number (SSN) of the single member to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is required for a multi-member LLC. We recommend […]

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The EIN serves as the Federal Tax Identification Number for the company on file with the IRS. A single-member LLC can either use the Social Security Number (SSN) of the single member to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is required for a multi-member LLC.

We recommend that you obtain an EIN soon after the formation of your LLC whether you are forming a single-member or multi-member LLC. A number may be obtained beforehand, but it is best to wait in the event there are issues with the filing that require a different name be used for the LLC. It is best to have the LLC approved before obtaining the company’s EIN.

IncNow® can help obtain the EIN for your LLC (or any other entity) if you would like. Find out how by contacting one of our Incorporation Specialists today.

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