Form a Delaware LLC as a non-US resident. Learn costs ($300/yr), tax benefits, and how Delaware compares to Wyoming. Get started today.
Delaware has earned its reputation as America's corporate capital, with 66.7% of Fortune 500 companies incorporated there. For non-US residents considering a Delaware LLC for non US residents, understanding the costs, benefits, and requirements is essential.
In this guide, we'll walk you through everything you need to know about Delaware LLC formation—from weighing the advantages to navigating the step-by-step process and ongoing compliance.
Delaware's dominance in corporate law isn't accidental. The state has built a sophisticated legal ecosystem specifically designed to support businesses of all sizes.
Specialized Court System: Delaware's Court of Chancery operates without juries—all cases are decided by expert business judges. This means faster, more predictable outcomes for complex corporate disputes, often resolved in weeks rather than months.
Investor-Friendly Reputation: Venture capitalists and institutional investors prefer Delaware entities because they "speak Delaware law." This universal legal framework reduces friction in fundraising and M&A transactions.
Established Legal Precedent: With over 200 years of business case law, Delaware provides clarity on corporate governance issues that newer jurisdictions can't match. Attorneys nationwide understand Delaware law, simplifying legal processes.
No State Income Tax for Non-Residents: If your Delaware LLC earns no income within Delaware's borders, you pay zero state income tax—only the annual franchise tax applies.
Many international entrepreneurs weigh Delaware against Wyoming. Here's how they compare for non-resident business owners:
| Feature | Delaware LLC | Wyoming LLC |
|---|---|---|
| Annual Fee | $300 franchise tax | $60 annual report fee |
| Formation Fee | $90-$110 | $100-$102 |
| 5-Year Total Cost | $1,500+ | $300+ |
| Privacy Protection | Members disclosed publicly | Fully anonymous |
| State Income Tax | $0 (non-DE income) | $0 |
| Legal Framework | Court of Chancery, 200+ years | Standard court system |
| Investor Preference | Strongly preferred by VCs | Good for bootstrapped |
| Best For | Venture-backed, scaling companies | Privacy, cost-conscious entrepreneurs |
Need help deciding? Our company formation service includes personalized recommendations based on your business goals.
We've streamlined the Delaware LLC formation process to make it simple for non-US residents. Here's what the journey looks like:
Our company formation service handles all these steps for you, typically completing the entire process within 2-3 weeks.
Understanding the full cost picture helps you budget accurately for your Delaware LLC:
Our accounting service includes franchise tax reminders and filing assistance, keeping you compliant year-round.
Understanding your US federal tax obligations is crucial for Delaware LLC compliance as a non-US resident:
No U.S. Tax on Foreign Income: If your Delaware LLC earns only foreign-sourced income and isn't engaged in trade or business within the U.S., you typically owe no federal income tax—just the informational filings above.
Our federal tax filing service handles Form 5472 and Form 1120 preparation for non-resident owners, ensuring accuracy and IRS compliance.
We help our clients avoid these frequent pitfalls:
Delaware makes the most sense for non-resident entrepreneurs in these situations:
Choose Delaware if you:
Choose Wyoming instead if you:
Not sure which state fits your goals? We help you evaluate your options during our company formation consultation.
Yes, absolutely. Non-US residents can form and own Delaware LLCs without any restrictions. You don't need to visit the United States, hold a U.S. visa, or have a Social Security Number. We handle the entire formation process remotely.
Standard processing takes 10-21 business days. Delaware offers expedited options: 24-hour service ($100 extra), same-day service ($200 extra), and 2-hour service ($500 extra). Most clients choose standard processing to minimize costs.
No, the entire process can be completed remotely. We handle all filings, documentation, and registered agent services without requiring your physical presence in Delaware or anywhere in the United States.
Delaware LLCs offer flexible taxation (pass-through) and simpler management, ideal for small businesses. C-Corporations have double taxation but are preferred by venture capitalists. If raising VC funding, start with a C-Corp; for most other businesses, an LLC provides better tax treatment and operational flexibility.
The annual franchise tax is due by June 1st and can be paid online through Delaware's Division of Corporations portal. Our clients receive automatic reminders, and we can handle payment on your behalf through our registered agent service.
If your LLC earns only foreign-sourced income and isn't engaged in trade or business within the U.S., you typically owe no federal income tax. However, you must file Form 5472 and pro forma Form 1120 annually for informational purposes. Our federal tax service ensures compliance.
Ready to form your Delaware LLC? We handle everything from Certificate of Formation to federal tax compliance. Get started with our company formation service and have your Delaware LLC operational in 2-3 weeks.
Need ongoing support? Our accounting service includes franchise tax management, federal tax filing, and year-round compliance assistance for non-resident Delaware LLC owners.
Join 2,500+ international entrepreneurs who trust us for US company formation and compliance.
