When does the $400 LLC tax start?
Delaware LLC tax is paid in arrears: the payment due each June 1 covers the previous calendar year. HB 400 makes the new rate apply from January 1, 2026, which means:
- Paid by June 1, 2026 (2025 tax year): $300. Nothing more is owed for that year.
- Due by June 1, 2027 (2026 tax year): $400. This is the first bill at the new rate.
- Every year after: $400, due June 1.
The other fee changes in the bill, including the higher foreign corporation annual report fee and expedite charges, took effect on August 1, 2026.
What changed for LLCs, LPs, GPs and LLPs?
These annual taxes and fees rise starting with the 2026 tax year (bill sections 9, 16 and 23).
| Fee or tax | Before | After HB 400 | Applies from |
|---|---|---|---|
| LLC annual tax6 Del. C. § 18-1107(b) | $300 | $400 | 2026 tax year (due June 1, 2027) |
| LP annual tax6 Del. C. § 17-1109(a) | $300 | $400 | 2026 tax year (due June 1, 2027) |
| General partnership annual tax6 Del. C. § 15-1208(a) | $300 | $400 | 2026 tax year (due June 1, 2027) |
| Registered series of an LLC or LP (each)§§ 18-1107(b), 17-1109(a) | $75 | $100 | 2026 tax year (due June 1, 2027) |
| LLP / LLLP annual fee (per partner)6 Del. C. § 15-1207(a)(3) | $200 | $300 | 2026 annual fee |
| LLP / LLLP annual fee cap6 Del. C. § 15-1207(a)(3) | $120,000 | $180,000 | 2026 annual fee |
Which filing fees changed on August 1, 2026?
HB 400 also raised a range of Division of Corporations filing and service fees. The ones most likely to affect a Delaware company are below. Expedite amounts are statutory maximums; the Division sets the actual charge up to that limit, so check its current fee schedule before filing.
| Fee or tax | Before | After HB 400 | Applies from |
|---|---|---|---|
| Foreign corporation annual report8 Del. C. § 391(a)(8) | $125 | $250 | August 1, 2026 |
| Foreign corporation annual report penalty8 Del. C. § 391(a)(8) | $125 | $200 | August 1, 2026 |
| Short-form corporate dissolution8 Del. C. § 391(a)(5) | $10 | $50 | August 1, 2026 |
| Document preclearance8 Del. C. § 391(a)(17) | $250 | $350 ($1,500 for § 204 ratifications) | August 1, 2026 |
| Record search report8 Del. C. § 391(a)(16) | up to $100 | up to $200 | August 1, 2026 |
| Acceptance of service of process29 Del. C. § 2315 | $50 | $100 | August 1, 2026 |
| 24-hour expedite (maximum)8 Del. C. § 391(h)(3) | up to $150 | up to $300 | August 1, 2026 |
| Same-day expedite (maximum)8 Del. C. § 391(h)(2) | up to $300 | up to $500 | August 1, 2026 |
| 2-hour / 1-hour / 30-minute expedite (maximum)8 Del. C. § 391(h)(1) | $500 / $1,000 / $7,500 | $1,500 / $2,500 / $10,000 | August 1, 2026 |
The bill also raised trademark fees and several statutory trust, partnership and LP copy, preclearance and expedite fees. See the full bill text linked in the sources below.
What did HB 400 not change?
- Corporate franchise tax rates and both methods under 8 Del. C. § 503 (Authorized Shares and Assumed Par Value Capital)
- Corporate minimums ($175 Authorized Shares, $400 Assumed Par Value Capital) and maximums ($200,000; $250,000 for Large Corporate Filers)
- The $50 annual report fee for Delaware (domestic) corporations
- Due dates: March 1 for corporations, June 1 for LLCs, LPs and GPs
- The $200 late penalty and 1.5% monthly interest on unpaid tax
If you run a Delaware C-Corp, your March 1 franchise tax is calculated exactly as before. Use the franchise tax calculator to check whether the Assumed Par Value Capital method lowers your bill.
How much more will I pay? Worked examples
| Entity | 2025 tax year | 2026 tax year | Difference |
|---|---|---|---|
| Single Delaware LLC | $300 | $400 | +$100 a year |
| Holding structure with 5 LLCs | $1,500 | $2,000 | +$500 a year |
| Series LLC with 3 registered series | $525 ($300 + 3 × $75) | $700 ($400 + 3 × $100) | +$175 a year |
| LLP with 10 partners | $2,000 | $3,000 | +$1,000 a year |
| Delaware LLC, paid 1 day late | $500 + interest | $600 + interest | Penalty unchanged at $200 |
Who is affected most?
- Holding companies and real estate investors with many single-purpose LLCs, since the $100 increase applies to each entity.
- Series LLCs, which now pay $100 per registered series on top of the parent's $400.
- Law and accounting firms organized as LLPs, where the fee rises $100 per partner and the cap rises to $180,000.
- Non-Delaware corporations registered in Delaware, whose annual report fee doubles to $250.
Delaware C-Corps and single LLCs see little practical change: C-Corps pay the same franchise tax, and a single LLC pays $100 more a year.
HB 400 FAQ
Did Delaware HB 400 raise the corporate franchise tax?
No. HB 400 did not amend 8 Del. C. § 503. Delaware corporations still calculate franchise tax with the Authorized Shares or Assumed Par Value Capital method, with the same $175 and $400 minimums and the same $50 annual report fee.
When do I first pay the $400 Delaware LLC tax?
June 1, 2027. The increase applies to the 2026 tax year, and Delaware LLC tax for a given year is paid by June 1 of the following year. The payment due June 1, 2026 covered the 2025 tax year and was $300.
I already paid $300 in 2026. Do I owe the extra $100?
No. A payment made by June 1, 2026 was for the 2025 tax year, which HB 400 does not change. The $400 rate starts with the 2026 tax year, payable by June 1, 2027.
Does HB 400 apply to an LLC formed in 2026?
Yes. An LLC formed at any point in 2026 owes the annual tax for 2026, which is $400 and due by June 1, 2027.
How much is the Delaware registered series tax after HB 400?
Each registered series of an LLC or LP now owes $100 a year, up from $75, starting with the 2026 tax year. This is in addition to the $400 owed by the parent LLC or LP.
What is the late penalty for the Delaware LLC tax after HB 400?
HB 400 did not change the penalty. Missing the June 1 deadline adds a $200 penalty plus interest of 1.5% per month, so a late 2026 LLC tax is $600 plus interest.