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DELAWARE ANNUAL REPORT

A Delaware annual report is one of the most important documents that a registered business entity like a limited liability company or a business corporation needs to file so that it can remain active. There are some states where the annual report is also known as an annual list and has to be filed by both domestic and foreign business entities.

What is an Annual Report (Annual List)?

There are some states that don’t require the filing of the annual report or list by business entities. Instead of filing annual report business entities have to “Annual Franchise Tax Report” in the state of Delaware. In order to file the tax report properly, you need to know what information it should contain.

The Delaware annual report is a document, which contains specific information related to business entities. This informational report has to be submitted during the time of payment of the franchise tax in the state. Annual reports in the state of Delaware contain the following information:

Limited Liability Company

Every domestic limited liability company registered under the laws of the state as well as every foreign limited liability company that has obtained the right to transact business within Delaware state will be required to file Delaware annual report also known as “annual tax report” with the Delaware Division of Corporations. The tax report includes:

  • The name of your limited-liability company
  • The file number of your limited-liability company, if you know it
  • The name of the registered agent in Delaware, upon whom the service of process against the LLC may be served.
  • The location or registered address of the principal place of LLC business and this should include the street, number, city, state or foreign country.
  • To file annual list, ensure names and titles of all the managers are mentioned. If there are no managers then names and titles of all its managing members will be required
  • The franchise tax report will be signed by a registered agent like us or the manager or managing member of the limited-liability company. Signing the list will certify that it is complete, true, and accurate.

The above is governed by 6 DE Code § 18-1107 (2015)

Corporation (Domestic)

It is important to know that every business corporation registered in the state of Delaware will be required to file the annual tax report with the Secretary of State. Let’s look at the filing deadlines or due dates to file Delaware annual report:

  • The due date for filing an annual report or list for a domestic business corporation is annually on March 1 pursuant to Delaware Title 8 Chapter 5 § 502(a)(4).

If you registered your business corporation on April 15, 2019, then your annual report will be due each year on March 1, 2020.

The above is governed by Delaware Title 8 Chapter 5 § 502

Is there a Filing Due Date or Deadline?

The Secretary of State and Delaware Division of Corporations has defined specific dates for different business entities to enable in filing an annual report on time.

Limited Liability Company

It is important to know that every LLC registered in the state of Delaware will be required to file the annual tax report with the Secretary of State. Let’s look at the filing deadlines or due dates to file annual list in Delaware:

The due date for filing an annual report or list for an LLC is annually on June 1 pursuant to 6 DE Code § 18-1107 (2015).

Example: If you registered your Limited Liability Company on April 15, 2019, then your annual report will be due each year on June 1, 2020.

You can file annual list or annual tax report with the Delaware Department of State – Division of Corporations but the process takes a lot of time. You will be required to prepare paperwork, provide details regarding the business and managers, provide financial or stock details, and above all submit on time. Alternatively, SIMPLY HIRE US and we will take care of the filing!
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Corporation (Domestic)

It is important to know that every business corporation registered in the state of Delaware will be required to file the annual tax report with the Secretary of State. Let’s look at the filing deadlines or due dates to file Delaware annual report:

The due date for filing an annual report or list for a domestic business corporation is annually on March 1 pursuant to Delaware Title 8 Chapter 5 § 502(a)(4).

Example: If you registered your business corporation on April 15, 2019, then your annual report will be due each year on March 1, 2020.

You can file annual list or annual tax report with the Delaware Department of State – Division of Corporations but the process takes a lot of time. You will be required to prepare paperwork, provide details regarding the business and managers, provide financial or stock details, and above all submit on time. Alternatively, SIMPLY HIRE US and we will take care of the filing!
ORDER ONLINE

Note: If your business entity is a foreign corporation then the due date for filing the tax report would be annually on June 30.

Example: If you registered your foreign business corporation on April 15, 2019, then your annual report will be due each year on June 30, 2020.

Is there a Late Filing Penalty of Annual Lists?

If you are unable to submit the annual report to the Secretary of the State by the due date as mentioned then will there be any penalty for LLC and Business Corporations? Let’s take a look into what late submission entails:

Limited Liability Company

If a Limited Liability Company required to file annual list or annual tax report along with the fee prescribed in 6 DE Code § 18-1107 (2015) fails to file with the Secretary of State then a penalty will be levied.

The penalty for unpaid annual tax after the due date will lead to interest at the rate of 1 and one-half percent for each month or a portion thereof until it is fully paid. The penalty can be translated into $200 plus 1.5% interest per month.

It is important to know that the Secretary of State will mail notification at least 60 days prior to June 1 to each domestic as well as foreign limited liability company to comply with the provisions for filing of the annual franchise tax report through its registered agent in the State of Delaware

If a business does not file annual list or tax report 3 months after the due date then on the motion of the Attorney General or upon request of the Secretary of State, such a domestic or foreign LLC will be served 5 days’ notice and the Court may direct, for an injunction to restrain the business entity from conducting its business within the State of Delaware

Corporation (Domestic)

If a business corporation filing an annual report along with the fee prescribed in Delaware Title 8 Chapter 5 § 502, fails to file with the Secretary of State then a penalty will be levied.

The penalty for unpaid annual tax after the due date can be translated to a fee of $200 along with the existing amount of franchise tax.

It is important to know that the Secretary of State will mail notification at least 60 days prior to March 1 to each domestic as well as a foreign business corporation to comply with the provisions for filing of the annual franchise tax report through its registered agent in the State of Delaware

Inability in filing an annual report or tax report after the due date can facilitate a motion from the office of the Attorney General or upon request of the Secretary of State, and such a domestic or foreign business corporation may be restrained from conducting its business within the State of Delaware

What is the cost to file Delaware Annual List?

The annual filing fee is different for different types of businesses. Let’s take a look at the fee for LLC’s and Corporations:

Limited Liability Company – $300
Domestic Business Corporations – $50
Foreign Business Corporations – $225

Note: It is important to know that the minimum tax is $175 for business corporations that are using the “Authorized Shares” method and those using the “Assumed Par Value Capital” method, the minimum tax are $400.

How to File Annual Lists with IncParadise?

The filing process of a Wyoming annual list or annual report can require extensive paperwork as you will have to provide every possible detail right from partners or directors, name of the agent, registered address of the business, and up to date financial information of the business among others.

Is there a way to make the process easier? Let IncParadise file annual list on your behalf!

Your Benefits are:

  • We will send you the notification for the due date and all you have to do is order it on time, so that we can ensure filing on time!
  • We will ensure you receive “Reminders” regarding the due date
  • We will file it directly with the Secretary of State or Delaware Division of Corporations
  • Our preparation of the annual franchise tax report will be of high professional standards
  • We will help save you on convenience fee

HIRE US & SAVE ON TIME, MONEY, AND PENALTIES!

We at IncParadise, are one of the respected registered agents in the state and will be responsible for initiating the filing of Delaware annual report for business corporations and limited liability companies in the state. We have access to the Delaware Online System for filing Annual Reports – DCIS – eCorp.

GET ADVANCE NOTICE OF DUE DATE

KEEP YOUR COMPANY IN GOOD STANDING THROUGH TIMELY ANNUAL LIST FILLING