Form a S-Corp in Delaware
Everything you need to know about forming a S-Corp in Delaware. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose Corporate Name
Select an available corporate name ending with Corporation, Corp., Company, Co., Incorporated, or Inc. Check availability through Delaware Division of Corporations.
30 minutes
Appoint Registered Agent
Designate a registered agent with a Delaware street address to receive legal documents and state correspondence.
15 minutes
File Certificate of Incorporation
Submit the Certificate of Incorporation to the Delaware Division of Corporations with required information and filing fee.
45 minutes
Obtain EIN
Apply for an Employer Identification Number from the IRS for tax purposes and banking needs.
20 minutes
What's Next After Filing
Once your S-Corp is officially formed, you'll want to complete these important steps:
- •File Form 2553 — Submit Form 2553 to the IRS within 75 days of incorporation to elect S-Corporation tax status.
- •Create Corporate Bylaws — Draft bylaws outlining corporate governance, though not required to be filed with the state.
- •Hold Organizational Meeting — Conduct initial board meeting to adopt bylaws, elect officers, and issue stock certificates to shareholders.
Advantages
- ✓Pass-through taxation avoiding double taxation
- ✓Limited liability protection for shareholders
- ✓Delaware's business-friendly court system and corporate law
- ✓No residency requirement for directors or officers
Considerations
- •Strict eligibility requirements (100 shareholders max, one class of stock)
- •Required registered agent and annual reporting costs
- •More complex tax filing requirements than sole proprietorship
Annual Obligations
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