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California vs Delaware

Checked November 4, 2026 · How we score

Delaware is cheaper: $510 in state fees for the first year versus $870 in California. Delaware has the lower state income tax (6.6% vs 13.3%). Pick Delaware if you plan to raise venture capital (as a C-corp); otherwise California is the better LLC for most small businesses.
MetricCaliforniaDelaware
Filing fee$70$110
Annual fee$800$400
First-year state fees$870$510
State income tax (top)13.3%6.6%
Corporate income tax8.84%8.7%
Anonymous LLCNoYes
Publication requiredNoNo
Processing5 days1 day
Non-resident score2/108/10

Choose California if…

  • →Businesses physically operating in California (required regardless of where you form)
  • →Founders who need to register where they actually do business
Full California guide

Choose Delaware if…

  • →Startups raising venture capital (Delaware C-corp)
  • →Founders who want privacy and strong case law
  • →Holding companies and joint ventures
Full Delaware guide

Questions people ask

Is California or Delaware better for a new company?

Delaware is cheaper: $510 in state fees for the first year versus $870 in California. Delaware has the lower state income tax (6.6% vs 13.3%). Pick Delaware if you plan to raise venture capital (as a C-corp); otherwise California is the better LLC for most small businesses.

How much does an LLC cost in California?

Filing the Articles of Organization in California costs $70. After that, expect an $800 minimum franchise tax each year, plus a $20 Statement of Information every two years. $800 minimum franchise tax (Form 3522, due the 15th day of the 4th month after formation, then yearly) plus a $20 Statement of Information every two years. LLCs with California income above $250,000 also pay a gross-receipts fee ($900 to $11,790). A commercial registered agent, if you need one, is typically $50–$300 a year extra.

Do I need a registered agent in California?

Yes. California requires every LLC to keep a registered agent with a physical street address in the state to accept legal and tax notices. You can act as your own agent if you live there, but non-residents and owners who want privacy usually pay a commercial agent, typically $50–$300 a year.

How much does an LLC cost in Delaware?

Filing the Certificate of Formation in Delaware costs $110. After that, every LLC pays a flat annual LLC tax of $400 (raised from $300 for tax year 2026), due June 1. You also need a Delaware registered agent, typically $50–$300 a year.

Do I need a registered agent in Delaware?

Yes. Delaware requires every LLC to keep a registered agent with a physical street address in the state to accept legal and tax notices. You can act as your own agent if you live there, but non-residents and owners who want privacy usually pay a commercial agent, typically $50–$300 a year.

More comparisons

Not tax or legal advice. Rates and rules change; we check official sources and update every page, but verify with a licensed adviser in the country before acting. Spotted something out of date? Use the correction form below.