A. File Artcles of incorporation for Delaware Corporation with the Secretary of State
After choosing which entity is right for you, your next step is to go to the Delaware Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do the work yourself, we can help you incorporate a business in Delaware. Click here for a free quote on our Delaware business incorporation services.
B. S Corporation Filings for Your New Delaware Corporation
1. Federal S-Corporation Election Form
If you have Clickandinc.com incorporate a business for you in Delaware, and you choose to be treated as an s-corporation for federal income tax purposes, we can draft that form for you (IRS form 2553). If you choose to draft it on your own, you can download it from the IRS website.
NOTE: You have 75 days from the date you incorporate a business in Delaware to file your form 2553 with the IRS. If you fail to file in that time period, you will not be granted s-corporation status for the year in which you incorporate.
2. Delaware S-Corporation Election form
Delware does not require s-corporations to file a s-corporation election form with the state.
C. Get Your Delaware Tax ID Number and Or Other State Required Documentation
Have your Federal Tax ID Number (EIN) handy; most states require it on their state tax ID number forms and other forms that you may need to complete after you incorporate a business in Delaware.
The Delaware Combined Business Registration form determines your business licensing requirements, whether your business will pay a gross receipts tax, sales taxes, etc. You need to download the Delaware Combined Business Registration Form at
www.state.de.us/revenue/index.htm.
Completing and filing this form will detail your state tax obligations, if any.
Your corporation or LLC is subject to Delaware’s Franchise Tax. The report and tax are due on or before March 1 of each year. The amount of tax due is based upon the amount of the corporation’s authorized shares. The minimum amount of the tax is $30; this is what you will pay if you have 1,500 authorized shares at a par value of $.01. This report will be mailed to your Registered Agent each year prior to the due date.
Delaware corporations and LLCs also have to file an annual report once each calendar year with the Secretary of State. The filing fee is $20. The annual report will also be mailed to your Registered Agent prior to the filing deadline. If you have any questions on the annual report, call the Secretary of State’s office at 302-739-3073 or log on to its website at
https://delecorp.delaware.gov/eCorp/FilerHome.
Surely, the list above is not everything you will need to do once you incorporate a business in Delaware. You should always check with your accountant or attorney in order to make sure you are compliant with all state laws. Clickandinc.com is not a law firm and nothing on this page can be considered legal advice on which you can rely.
If you’d like Clickandinc.com to help you incorporate a business in Delaware, we’d love to help.
