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LLC formation in Delaware: Why is Delaware Your Best Shot for a Non-Resident or Disregarded LLC?

Jul 31, 2023 | USA Accounting

From its business-friendly legal environment to favourable tax laws, discover each reason why an LLC formation in Delaware is your best shot at achieving business success through this blog.

LLC Formation in Delaware: Why is it the Right Choice?

Ready to unlock your business potential? As an entrepreneur or investor, you know that choosing the right location for your business can make all the difference in its success. 

Whether you are a non-resident looking to establish an LLC in the United States or a disregarded entity seeking a favourable business environment, Delaware is the perfect pick.

In this blog, we will dive deep into the reasons why Delaware is your best shot for a non-resident or disregarded LLC and how it can help you unleash your business potential. So, let’s get started!

Business-Friendly Legal Environment

According to the Delaware Division of Corporations 2021 Annual Report, 66.8% of all Fortune 500 companies are incorporated in Delaware. This proves that Delaware has long been known for having a business-friendly legal environment.

The state’s well-established legal system, with a specialised court, the Delaware Court of Chancery, that handles business disputes, provides a predictable and efficient legal framework for businesses.

The Delaware General Corporation Law (DGCL), which regulates corporations in Delaware, is widely recognised as one of the most progressive and adaptable corporate statutes in the U.S.

This flexibility allows businesses to tailor their LLC operating agreements to their specific needs, providing greater freedom and control over their business operations.

Favourable Tax Environment

Delaware’s tax laws are among the most compelling reasons many businesses choose to form their LLCs in the state. Delaware offers a favourable tax environment with several key advantages that make it an attractive option for non-resident or disregarded LLCs:

No state sales tax

Delaware does not require state sales tax, eliminating the administrative burden and costs associated with collecting and remitting sales tax.

No personal property taxes

Delaware does not levy taxes on business assets such as inventory, equipment, or fixtures, resulting in cost savings for LLCs.

No state income tax on out-of-state income

Delaware does not oblige its taxpayers to state income tax on income generated outside of the state, potentially resulting in tax savings and simplified tax filing requirements.

Flexible tax treatment

LLCs formed in Delaware have the flexibility to choose their tax treatment, allowing for tax planning and optimisation.

The competitive corporate tax rate

If an LLC elects to be treated as a corporation for tax purposes, Delaware offers a competitive corporate tax rate of 8.7% on income allocated and apportioned to the state.

Privacy Protections

If you are someone who wishes to keep personal information confidential to protect your privacy and reduce the risk of identity theft or unwanted solicitations, LLC formation in Delaware can be your best choice.

Delaware offers strong privacy protections for LLC owners. The state does not require LLCs to disclose the names of their members or managers in the public formation documents, providing a higher level of privacy compared to other states.

Ease of Doing Business

Delaware has a reputation for being easy to do business in. The state has a streamlined and efficient process for business formation, with an online system that allows for quick and convenient LLC registration.

Delaware also offers expedited processing options for businesses that need to establish their LLCs quickly.

Furthermore, Delaware has a stable regulatory environment with a long history of supporting businesses, which provides a sense of reliability and predictability for LLC owners.

Stability and Reliability

LLC formation in Delaware offers a stable and well-established business climate with a history of being business-friendly and supportive of entrepreneurship.

The state’s courts have a reputation for fairness and expertise in business matters, which can provide a sense of security and confidence for LLC owners.

Availability of Business Services and Resources

Delaware offers a wide range of business services and resources that can benefit non-resident and disregarded LLCs. The state has a robust ecosystem of registered agents who can assist with LLC formation in Delaware and compliance requirements.

Delaware also has a well-developed banking system, with numerous banks and financial institutions that cater to the needs of businesses, making it easy to set up business bank accounts and access financial services.

Furthermore, Delaware has a strong network of business organisations and chambers of commerce that provide support, networking opportunities, and resources for businesses, including non-resident LLCs.

Frequently Asked Questions

  • Is it expensive to establish and maintain an LLC in Delaware?

    While Delaware has many advantages for businesses, note that there are costs associated with establishing and maintaining an LLC in the state.

    This includes the initial formation fees, annual franchise tax, registered agent fees, and other ongoing compliance requirements.

    An accountant or business advisor can provide transparent pricing for their services and help you understand the costs associated with establishing and maintaining your Delaware LLC.

  • How long does LLC formation in Delaware takes? 

    The timeline for forming an LLC in Delaware can vary depending on different factors, such as the complexity of the LLC structure and the processing time of the Delaware Division of Corporations.

    Typically, the process can take a few weeks up to several months. But as mentioned, Delaware offers expedited processing options for businesses seeking to establish their LLCs urgently.

  • How long does a Delaware LLC last?

    A Delaware LLC’s default status is perpetual existence unless its operating agreement or Certificate of Formation specifies otherwise.

    Compliance with legal requirements, such as annual reports and proper record-keeping, is necessary to ensure the LLC’s continued life and compliance with Delaware law and maintain its good standing as a business entity.


With its reputation as a reliable and supportive state for businesses, LLC formation in Delaware provides the foundation for your business’s success. But still, take time to analyze the pros and cons specific to your business nature and needs before jumping right in.

Check out Sterlinx Global for more specific business advice.

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