It often includes details about the classes of stock the corporation is authorized to issue, including the par value of each class. For VC-backed startups, it will specifically mention the par value of preferred shares. Any changes to these details typically require an amendment to the Certificate of Incorporation. Our Delaware Franchise Tax Calculator was developed to help you understand and plan for how much you’ll likely need to pay your Delaware Franchise taxes for your Delaware business. Delaware’s taxation structure has different tiers for LLCs, LPs, non-profit corporations, and for-profit corporations.

The minimum tax for the Authorized Shares method is $175.00, while the minimum tax for the Assumed Par Value clearing account — accountingtools Capital Method is $400.00. The minimum tax for companies using the Authorized Shares Method is $175, and the maximum annual tax is $200,000. We’ve seen startups get a huge tax bill when this calculation method is used; let’s do an example of a typical, venture backed startup.

What other taxes do Delaware corporations need to file/pay?

The minimum payment using the Assumed Par Value Capital method is $400, and there is no maximum. LLC/LP’s benefit by only having to pay a $300 flat fee for Franchise Tax (not including any filing fees from a Registered Agent). A franchise tax, sometimes called a privilege tax, is a fee you pay for the privilege of doing business in a certain state. Any corporation that is incorporated in Delaware (regardless of where you conduct business) must file an Annual Franchise Tax Report and pay Franchise Tax for the privilege of incorporating in Delaware. Each year the State of Delaware calculates your corporation’s franchise tax obligation based on the Authorized Share Method. For these reasons, more than a million businesses are incorporated in Delaware, including more than half of all publicly traded and Fortune 500 companies.

The Assumed Par Value Capital method

This flat fee structure simplifies the process and allows for easier compliance for LLCs, due annually by June 1st. By utilizing the Delaware Franchise Tax Calculator, business owners can stay informed and prepared, ensuring they meet the state’s tax obligations and avoid any penalties. This valuable service makes managing Delaware franchise tax requirements the methods and tactics behind risk and control self assessment more accessible and clear for businesses of all sizes. In summary, Delaware’s Franchise Tax affects various business entities, including corporations, LLCs, LPs, and General Partnerships. Maintaining good standing in the state requires these entities to pay this tax, irrespective of whether they conduct business within Delaware or not. When it comes to paying the Delaware Franchise Tax, businesses have several options available to them.

Note that a single additional authorized share will cause this startup to pay an extra $85. Let’s imagine a Delaware-incorporated company reported total gross assets of $1,000,000 on their federal taxes this year. Keep in mind, this number could be different from the number of shares your company has actually issued. Your authorized share number is the maximum number of shares your corporation could sell based on your corporate bylaws or charter.

Acceptable Payment Methods

1. Your company will likely need to use the assumed par value calculation method instead of the authorized share method of calculation.
2. This method is a bit more complicated, because it involves calculating your business’s assumed par value—i.e.
3. For C-Corporations, including VC-backed startups that Kruze proudly serves, the Delaware franchise tax and annual report filings are due by March 1st every year.
4. This ensures compliance with state regulations and avoids unnecessary penalties and interest charges.
5. Delaware Franchise Tax is based on a Corporation’s total Authorized Shares.
6. These payments are determined based on the expected income and expenses of the business for that particular year, along with any other relevant factors such as tax credits or deductions.

Alongside their tax payments, corporations are also required to pay a $50 filing fee for their annual reports. This fee is a small but essential part of maintaining compliance with Delaware’s corporate regulations. Exempt domestic corporations in Delaware are not required to pay franchise tax, but they must still file an annual report. These entities might include non-profit organizations, educational institutions, and certain religious financial statements organizations.

Special Considerations for Specific Entities

The second reason is bad bank accounts, such as using the wrong bank account on tax filings or not informing your accountant of changes in bank accounts, which can delay tax filings and result in late fees. It’s important for founders to remember that the Delaware Franchise Tax website defaults to the largest tax bill possible when you first log into the site. That’s because the state of Delaware doen’t know how many outstanding shares you have or what your asset base is until you fill out that information.

However, they are still required to pay the Franchise Tax, which is administered by the Delaware Division of Corporations2. All incorporated entities in Delaware must file an annual report and pay the corresponding franchise tax. Exempt domestic corporations are not subjected to the tax but still need to file an annual report with a filing fee of $253. For C-Corporations, including VC-backed startups that Kruze proudly serves, the Delaware franchise tax and annual report filings are due by March 1st every year. It’s a critical deadline that these corporations must meet to avoid incurring late fees.