It is a tax required for the privilege of incorporation in Delaware and it is payable even if the corporation does not conduct business within the state.
All corporations incorporated in the State of Delaware are required to pay the DE franchise tax. This includes both domestic corporations and those incorporated in Delaware but conducting business elsewhere. Exempt domestic corporations (such as non-profits) do not pay the tax but must file an Annual Report.
The DE franchise taxes and annual reports are due no later than March 1st of each year. For limited partnerships, limited liability companies, and general partnerships formed in Delaware, the annual tax is due on or before June 1st of each year.
Authorized Shares Method: Tax is calculated based on the number of shares the company is authorized to issue.
Assumed Par Value Capital Method: Based on the company’s total gross assets and the number of issued shares.
The cost varies based on the corporation’s structure and size. The minimum tax is $175.00 for corporations using the Authorized Shares method and $400.00 for those using the Assumed Par Value Capital Method. The maximum tax is generally $200,000.00, but for Large Corporate Filers, it is $250,000.00.
For limited partnerships, limited liability companies, and general partnerships, the annual tax is $300.00.
Corporations owing $5,000.00 or more in taxes must pay estimated taxes in quarterly installments, with specific percentages due on June 1, September 1, December 1, and the remainder on March 1.
The annual report filing fee for domestic corporations is $50.00 plus taxes due upon filing.
Penalties apply for late payments or non-filing, including a $200.00 penalty for not filing a completed Annual Report by March 1st and interest at 1.5% per month on any unpaid tax balance.
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