Delaware LLC Act of 1991 Non-Resident & Foreign Founders Welcome

Business Formation in Delaware — LLC & Corporate Setup

You don't need to be a U.S. resident or citizen to form a Delaware LLC or Corporation. Have licensed CPAs structure your company correctly from day one for maximum asset protection, minimal tax liability, and complete legal compliance.

Incorporate Your Business
0% DE Income Tax on Out-of-State Sales
100% Foreign Ownership Permitted
Total Ownership Privacy & Anonymity
$1,500 Comprehensive Package

Comprehensive CPA Formation Package

Unlike generic online document mills that simply file basic paperwork without tax advice, Gary Mehta, CPA, EA delivers a comprehensive legal and tax roadmap.

  • Entity Structure Strategy (LLC vs C-Corp vs S-Corp)
  • Delaware Division of Corporations Name Reservation
  • Commercial Registered Agent Selection & Setup
  • Official IRS Employer Identification Number (EIN)
  • Operating Agreement & Share Structuring Advisory
Complete Package: $1,500
Delaware Society of CPAs
American Institute of CPAs
Better Business Bureau Accredited
QuickBooks ProAdvisor
The Delaware Advantage

Why Incorporate Your Business in Delaware?

Ever since the Limited Liability Act of 1991 was enacted, Delaware has established itself as the premier corporate capital of the world. More than 68% of the Fortune 500 and over 90% of US tech IPOs are incorporated here.

Delaware Court of Chancery

Delaware features a dedicated 230-year-old business court of equity with specialized corporate chancellors. Disputes are decided by seasoned judges rather than unpredictable juries, creating unmatched legal clarity and predictability.

Owner Anonymity & Privacy

Privacy is paramount. Delaware does not require member or manager names to be listed on public Certificates of Formation. While other states disclose business officers and assets for public viewing, Delaware maintains strict privacy safeguards.

Significant Tax Exemption

Entities exclusively conducting business outside Delaware pay ZERO Delaware state corporate income tax. Delaware also imposes no state sales tax, no inheritance tax for non-residents, and no tax on intangible property (patents, copyrights, trademarks).

Contractual Flexibility

Delaware LLCs follow internal operating agreements that are strictly private and not published to the state or public. You can modify management structures, profit allocations, and member voting tiers freely without public filings.

Foreign & Non-Resident Friendly

Delaware corporate statutes permit 100% foreign ownership. You do not need to be a US citizen, permanent resident, or possess an SSN. We assist international founders worldwide with remote entity formation and IRS EIN issuance.

Venture Capital Preference

Angel investors, private equity groups, and venture capitalists overwhelmingly mandate Delaware C-Corporation structures due to standardized stock rights, convertible note mechanics, and familiar governance protections.

Entity Structure Comparison

Choosing the Right Delaware Corporate Structure

Gary Mehta, CPA, EA evaluates your revenue projections, ownership base, and investment roadmap to select the optimal tax classification.

Entity Structure Ownership Rules Tax Treatment Annual State Fees Ideal Application
Delaware LLC Unlimited members; foreign owners allowed; single or multi-member Pass-through taxation (Form 1065 or Schedule C); No double taxation Flat $300 Annual Franchise Tax (Due June 1) Small to mid-size businesses, real estate holding, consultants, foreign entrepreneurs
Delaware C-Corporation Unlimited shareholders; foreign persons, trusts, and corporations allowed Corporate rate (21% federal; 0% DE if outside DE); Dividends taxed to owners Franchise tax (min $175) + $50 Annual Report (Due March 1) Startups seeking venture capital, multi-tiered share classes, institutional funding
Delaware S-Corporation Max 100 shareholders; US individuals only (No foreign shareholders or LLCs) Pass-through taxation (Form 1120-S); FICA tax savings via reasonable salary Franchise tax (min $175) + $50 Annual Report (Due March 1) US resident small business owners seeking payroll tax optimization
Delaware Non-Profit Board of Directors; Members; No equity ownership Tax-exempt under IRC § 501(c)(3); Annual Form 990 reporting $25 Annual Report (Due March 1) Charitable organizations, educational foundations, public benefit trusts
The CPA Incorporation Process

Our 6-Step Delaware Business Formation Roadmap

We guide you step-by-step from preliminary name clearance to state incorporation and federal IRS tax authorization.

01

Entity Planning & Tax Structuring

We help you evaluate whether an LLC, C-Corporation, or S-Corporation classification minimizes your combined federal, state, and international tax burden.

02

Name Clearance & Reservation

We scour state databases and Delaware Division of Corporations records to verify corporate name availability and officially reserve your entity name.

03

Registered Agent Coordination

Every Delaware entity must have a physical statutory agent in Delaware. We connect you with vetted, dependable commercial registered agents.

04

Director & Officer Structuring

We advise on appointing officers and managers to safeguard assets and ensure compliance with liability shielding rules.

05

Stock & Cap Table Advisory

For corporations, we structure authorized shares, par value, and preferred classes to protect voting power and minimize Delaware Franchise Tax calculations.

06

Federal Tax ID (EIN) Procurement

We obtain your official IRS Employer Identification Number (EIN) for domestic and foreign founders, enabling US commercial bank account opening.

International Entrepreneurs

Delaware Company Formation for Non-Residents FAQ

Common questions from international founders forming Delaware companies from Europe, Asia, South America, and across the globe.

Can you help me start my Delaware LLC if I am not a US resident?
Absolutely. You do not even have to visit our Wilmington office. Our accountants and business advisors will remotely help you select the right business structure, file state incorporation paperwork, map out your tax strategy, obtain your federal EIN, and advise on ongoing annual compliance.
Do I need a physical US address to start a Delaware business?
No. You do not need a physical storefront or commercial office in Delaware. You can conduct business anywhere in the world while enjoying all corporate benefits afforded to Delaware entities. All that is required is a Delaware Registered Agent who can accept statutory legal notices and state franchise tax documents on your behalf.
Do I need a US citizen or resident partner to open a Delaware company?
No. You do not need to share your equity or profits with an American partner. Delaware corporate law permits 100% foreign individual or corporate ownership.
Can your firm procure an EIN for foreign owners without an SSN or ITIN?
Yes. An Employer Identification Number (EIN) is required for opening a US corporate bank account, processing credit cards via Stripe/PayPal, hiring workers, and filing tax returns. As licensed CPAs and IRS Enrolled Agents, we interact directly with the IRS to obtain official EINs for foreign founders via Form SS-4.
Why should I hire a licensed CPA firm instead of a generic online formation service?
Generic online websites focus strictly on filing a template piece of paper with the state. They provide no tax counsel, cannot advise on tax classifications, don't help with Section 83(b) elections, and cannot defend you before the IRS. As a licensed CPA firm, Gary Mehta, CPA, EA structures your entity for long-term tax minimization, assists with annual franchise tax and corporate reporting, and ensures compliance with complex foreign information disclosures (like Form 5472 and FBAR).
Start Your Company Correctly

Initiate Your Delaware Business Formation

Complete entity formation package starting at $1,500. Submit your details below to schedule your preliminary consultation with Gary Mehta, CPA, EA.

Principal Headquarters

1000 N West St #1200, Wilmington, DE 19801, USA

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Telephone / Text / WhatsApp

(732) 829-6395

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Formation Inquiries

questions@cpadelaware.net

By Appointment Only

Monday – Friday: 9:00 AM – 5:00 PM EST
Serving Delaware, all 50 states, and worldwide.

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