Commentary

Simplify Your Delaware Annual Report Filing

Timely filing of your annual reports in those US states in which you’re registered to do business is a vital part of keeping in good standing. Delaware, specifically, requires that every company incorporated in Delaware, including non-profits, file an annual report. For-profit corporations must also pay a franchise tax to remain in good standing. Foreign corporations filing due date is 30 June.

Who needs to file a Delaware annual report?

All of the incorporated businesses in Delaware have to file an electronic annual report, including non-profit organizations and foreign corporations. 

Limited Liability Companies (LLCs), Limited Partnerships (LPs) and General Partnerships that were formed in Delaware do not need to file an annual report. However, they are required to pay an annual tax each year by 1 June. There is a penalty for non-payment or late payment. 

What information does Delaware require?

Delaware requires basic information regarding the company, such as its location and its directors and/or officers. The state also requires the information needed to compute the franchise tax—authorised shares, issued shares and total assets.

What happens if you forget to file your Delaware annual report?

Filing late will result in penalties and late fees. Failing to file at all may cost your company its good standing with the state. This can jeopardise the many benefits of operating as a corporation, including limited liability protection from business debts and legal actions.

When are Delaware annual reports due?

While all active domestic corporation annual reports and franchise taxes are due annually on or before 1 March, foreign corporations have until June 30.

Read more on doing business in the US 

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