Delaware Franchise Tax Overpayment & Refund Recovery
If your corporation mistakenly paid Delaware’s default Authorized Shares assessment (e.g. $85,215), 8 Del. C. § 505 lets you petition for a refund of the difference by filing an Amended Annual Report. The deadline is March 1 of the second year after the tax year: for the 2026 tax (due March 1, 2027), that's March 1, 2028.
You paid $85,215.00 to the Delaware Secretary of State. Under the Assumed Par Value Capital Method, your true statutory liability was only $450.00.
Overpayment Details & Recalculation Parameters
Adjust the figures below to match what was paid and your corporation’s IRS Form 1120 Schedule L balance sheet.
Can I get a refund if I paid the Authorized Shares amount?
Yes, within the statutory deadline. 8 Del. C. § 505(a) lets a corporation that believes its franchise tax was erroneously fixed or paid petition the Secretary of State for a reduction or refund. In practice, that means filing an amended annual report with the gross assets and issued-share figures needed for the Assumed Par Value Capital Method.
For a startup with 10,000,000 authorized shares that paid $85,215 ($85,165 tax plus the $50 report fee), the correct figure is often $450, so the overpayment can be about $84,765.
What is the deadline to request a Delaware franchise tax refund?
A petition must be filed “not later than March 1 of the second calendar year following the close of” the tax year (8 Del. C. § 505(a)). For the 2026 tax, which is due March 1, 2027, the deadline is March 1, 2028.
The deadline runs from the tax year, not from the date you paid. Paying late does not extend it.
What information do I need for the amended report?
Total gross assets as reported on the corporation’s federal Form 1120, Schedule L, for the tax year; the number of issued shares at year end; the authorized shares and par value of each class; and the amount paid. The calculator above uses those figures to compute the correct tax and the overpayment.