Is it cheaper to form an LLC in Delaware or Kentucky?

Kentucky is cheaper at formation ($40) than Delaware ($110). Ongoing costs are also different: $290 vs $400 per year. Total over three years: $910 vs $1,310.

Can I form an LLC in Delaware if I live in Kentucky?

Yes, but your Kentucky business will almost certainly need to register as a foreign LLC in Kentucky too, which means paying Kentucky's foreign registration fee and any ongoing Kentucky obligations on top of the Delaware ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

How long does it take to form an LLC in Delaware vs Kentucky?

Delaware online: 10 business days; Kentucky online: 1 business day. Delaware offers paid expedite from $100. Kentucky does not offer paid expedite.

Which state has lower taxes for an LLC, Delaware or Kentucky?

Delaware: state income tax applies to member-level pass-through income, plus a $300 minimum entity-level tax. Kentucky: state income tax applies to member-level pass-through income, plus a $175 minimum entity-level tax.

Do both states require a registered agent?

Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Delaware and Kentucky both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

Which state should I pick if I run an online business from home?

Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Delaware or Kentucky to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Delaware vs Kentucky LLC comparison

Delaware charges $110 to form an LLC; Kentucky charges $40. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, Kentucky runs about $400 less in total state fees than Delaware. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

Both states impose an entity-level annual tax on every LLC (Delaware: $300 minimum; Kentucky: $175 minimum). The difference is the floor, not whether the tax exists.

On speed, Kentucky typically clears standard online filings faster than Delaware. Both states offer expedited tiers at an additional cost for filers on tight timelines.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee

Delaware $110

Kentucky $40

Kentucky saves $70

Year 1 total estimate

Delaware $510

Kentucky $330

Kentucky saves $180

Ongoing per year

Delaware $400

Kentucky $290

Kentucky saves $110

3-year total

Delaware $1,310

Kentucky $910

Kentucky saves $400

Key differences at a glance

Kentucky costs $70 less to form ($40 vs $110).
Kentucky is $110 per year cheaper to maintain ($290 vs $400).
Delaware has no annual report filing at all. Kentucky requires an annual (or biennial) report every reporting period.

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only Delaware

Paid expedited tier
No state sales tax
No annual report

Both states

Online filing
No publication requirement
Operating agreement not statutorily required

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

Delaware Kentucky

Year 1

$510

$330

Year 2

$910

$620

Year 3

$1,310

$910

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario	Year 1	Each year after	3-year total
You live in Delaware, business operates there No foreign LLC registration needed. You pay Delaware fees only.	$510	$400	$1,310
You live in Kentucky, business operates there No foreign LLC registration needed. You pay Kentucky fees only.	$330	$290	$910
Non-resident forming in Delaware with operations elsewhere You pay Delaware's fees plus a typical home-state foreign LLC registration of about $200 per year.	$710	$600	$1,910
Non-resident forming in Kentucky with operations elsewhere You pay Kentucky's fees plus a typical home-state foreign LLC registration of about $200 per year.	$530	$490	$1,510

Delaware vs Kentucky: full comparison

Dimension	Delaware	Kentucky
Online filing Can you file the formation document online?	Yes	Yes
Online approval time Standard, non-expedited	10 business days	1 business day
Expedited option Paid fast-track filing	$100	Not offered
Annual report Required in addition to tax	None	Required, $15
State-imposed annual tax Franchise, privilege, or LLC tax minimum	$300 minimum	$175 minimum
State income tax On pass-through LLC income at member level	Yes	Yes
Publication requirement Newspaper publication after formation	No	No
Operating agreement Required by state statute	Recommended, not required	Recommended, not required
Foreign LLC fee Cost to register as a foreign LLC in this state	$200	$90
State sales tax General statewide rate	None	6.0%

Taxes in Delaware and Kentucky

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

Delaware tax

$300 minimum annual tax (flat basis). State income tax applies to member-level pass-through income. Corporate rate 8.7%.

Kentucky tax

$175 minimum annual tax (gross-receipts-or-gross-profits basis). State income tax applies to member-level pass-through income. Corporate rate 5.0%.

Ongoing compliance

The recurring filings each state requires after formation.

Delaware

Annual $300 tax, due 06/01. No separate annual report. Registered agent required in Delaware.

Kentucky

Annual report $15, due 06/30 each year. Registered agent required in Kentucky.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

Delaware

Check business-name availability on the Delaware entity search.
Appoint a registered agent with a physical Delaware street address.
File Certificate of Formation of Limited Liability Company for $110.
Wait for approval. Online typically 10 business days. Paid expedite from $100.
Adopt an operating agreement (recommended, not required by Delaware statute).
Apply for a federal EIN (free from the IRS).
Open a business bank account to separate personal and business finances.
Pay the $300 annual Delaware LLC tax when it comes due.

Kentucky

Check business-name availability on the Kentucky entity search.
Appoint a registered agent with a physical Kentucky street address.
File Articles of Organization for a Profit Limited Liability Company (Form KLC) for $40.
Wait for approval. Online typically 1 business days. No paid expedite offered.
Adopt an operating agreement (recommended, not required by Kentucky statute).
Apply for a federal EIN (free from the IRS).
Open a business bank account to separate personal and business finances.
File your first annual report and pay $15 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both Delaware and Kentucky (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Delaware or Kentucky does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

Delaware Division of Corporations

Website: corp.delaware.gov
Phone: (302) 739-3073
Mail: 401 Federal Street, Suite 4, Dover, DE 19901
Hours: 8:00 AM to 4:30 PM Eastern, Monday to Friday

Kentucky Secretary of State, Business Filings

Website: www.sos.ky.gov/bus
Phone: (502) 564-3490
Mail: Business Filings, Kentucky Office of the Secretary of State, P.O. Box 718, Frankfort, KY 40602-0718
Office: Room 154, Capitol Building, 700 Capital Avenue, Frankfort, KY 40601
Hours: 8:00 AM to 4:30 PM Eastern, Monday to Friday

Delaware Division of Revenue

Website: revenue.delaware.gov
Phone: (302) 577-8200
Mail: 820 N. French Street, Wilmington, DE 19801
Hours: 8:30 AM to 4:00 PM Eastern, Monday to Friday

Kentucky Department of Revenue

Website: revenue.ky.gov
Phone: (502) 564-4581
Mail: 501 High Street, Frankfort, KY 40601
Hours: 8:00 AM to 5:00 PM Eastern, Monday to Friday

Frequently Asked Questions

Is it cheaper to form an LLC in Delaware or Kentucky?

Kentucky is cheaper at formation ($40) than Delaware ($110). Ongoing costs are also different: $290 vs $400 per year. Total over three years: $910 vs $1,310.
Can I form an LLC in Delaware if I live in Kentucky?

Yes, but your Kentucky business will almost certainly need to register as a foreign LLC in Kentucky too, which means paying Kentucky's foreign registration fee and any ongoing Kentucky obligations on top of the Delaware ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
How long does it take to form an LLC in Delaware vs Kentucky?

Delaware online: 10 business days; Kentucky online: 1 business day. Delaware offers paid expedite from $100. Kentucky does not offer paid expedite.
Which state has lower taxes for an LLC, Delaware or Kentucky?

Delaware: state income tax applies to member-level pass-through income, plus a $300 minimum entity-level tax. Kentucky: state income tax applies to member-level pass-through income, plus a $175 minimum entity-level tax.
Do both states require a registered agent?

Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Delaware and Kentucky both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
Which state should I pick if I run an online business from home?

Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Delaware or Kentucky to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

DelawareOpen Delaware LLC guide →
KentuckyOpen Kentucky LLC guide →

More Delaware and Kentucky comparisons

More Delaware vs ...

More Kentucky vs ...

Sources

Filing fee: corpfiles.delaware.gov/AugustFee2024.pdf · verified April 21, 2026
Delaware DoS Division of Corporations Fee Schedule, revised August 1, 2024. 'Formation – domestic' under Limited Liability Companies = $110.00 state filing fee.
Expedited filing: corpfiles.delaware.gov/AugustFee2024.pdf · verified April 21, 2026
Same Day $100, 24-Hour $50, Priority 2 (2-hour) $500, Priority 1 (1-hour) $1,000. We report 24-hour as the default expedited tier.
Annual report fee: delcode.delaware.gov/title6/c018/sc11/index.html · verified April 21, 2026
6 Del.C. §18-1107(b): annual tax of $300 for every domestic and foreign LLC. §18-1107(c): due June 1 each year. §18-1107(e): $200 late penalty plus 1.5% interest.
Franchise tax: delcode.delaware.gov/title6/c018/sc11/index.html · verified April 21, 2026
Flat $300 annual LLC tax under 6 Del.C. §18-1107. Not a share-based franchise tax like Delaware corporations; we classify it as a flat franchise-style tax for compare purposes.
Operating agreement requirement: delcode.delaware.gov/title6/c018/sc01/index.html · verified April 21, 2026
6 Del.C. §18-101(9) recognizes oral, written, or implied LLC agreements. No statutory requirement that the agreement be written or filed, so recorded as not-required.
Foreign LLC registration fee: delcode.delaware.gov/title6/c018/sc10/index.html · verified April 21, 2026
Foreign LLC registration filing fee. Cross-check against the practitioner-facing fee schedule before publishing.
Business name search: icis.corp.delaware.gov/eCorp/EntitySearch/NameSearch.aspx · verified April 21, 2026
Delaware eCorp entity search. Confirm name availability before filing.
Sales tax rate: revenue.delaware.gov/ · verified April 21, 2026
Delaware has no general state sales tax. Gross receipts tax may apply to some business activities.
Corporate income tax rate: revenue.delaware.gov/ · verified April 21, 2026
Delaware corporate income tax rate is 8.7%. Applies to C-corp income, not LLCs by default, but note here for completeness.
Filing fee: www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx · verified April 21, 2026
Kentucky Secretary of State Business Filings Fees page: Articles of Organization (domestic LLC) filing fee is $40. Same fee for online filing through FastTrack and mail filings. Payable by cash, check to Kentucky State Treasurer, prepaid account, or debit/credit card.
Expedited filing: www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx · verified April 21, 2026
Kentucky Secretary of State does not offer a separate paid expedited service for Articles of Organization. Online filings through FastTrack typically process within 1 business day (next-business-day for after-hours submissions), which serves as the de facto fastest available pathway. Recorded as offered: false.
Annual report fee: www.sos.ky.gov/bus/business-filings/Pages/Annual-Reports.aspx · verified April 21, 2026
Kentucky Secretary of State Annual Reports page: $15 filing fee, due between January 1 and June 30 each year. Failure to file by June 30 results in administrative dissolution. KRS 14A.6-010 establishes the filing requirement.
Franchise tax: revenue.ky.gov/Business/Corporation-Income-and-Limited-Liability-Entit… · verified April 21, 2026
Kentucky Department of Revenue: Limited Liability Entity Tax (LLET) imposed on all entities afforded limited-liability protection under state law (KRS 141.0401), including LLCs, corporations, S corporations, and limited partnerships. LLET is the lesser of 0.095% of Kentucky gross receipts or 0.75% of Kentucky gross profits, with a $175 minimum. Entities with gross receipts and gross profits both at or below $3M pay only the $175 minimum. Classified here as a franchise-style tax with a flat $175 annual minimum.
Foreign LLC registration fee: web.sos.ky.gov/forms/corp/FBE-Certificate%20of%20Authorization_Foreign… · verified April 21, 2026
Kentucky Form FBE Certificate of Authority for Foreign Business Entity: $90 filing fee. Same fee for online (FastTrack) and mail filings.
Operating agreement requirement: law.justia.com/codes/kentucky/chapter-275/section-275-003/ · verified April 21, 2026
Kentucky Revised Statutes Chapter 275 (Limited Liability Companies) defines an operating agreement as any agreement among members that may be written or oral. No statute requires LLCs to adopt a written operating agreement. Recorded as not required.
Publication requirement: law.justia.com/codes/kentucky/chapter-275/ · verified April 21, 2026
Kentucky does not require newspaper publication of LLC formation. KRS Chapter 275 contains no publication mandate.
Sales tax rate: revenue.ky.gov/Business/Sales-Use-Tax/pages/default.aspx · verified April 21, 2026
Kentucky Department of Revenue: statewide sales and use tax rate is 6% with no local sales tax jurisdictions. The 6% rate applies uniformly across the state. Local occupational license taxes (net profits or payroll) apply separately at the city and county level but are not sales taxes.
Corporate income tax rate: revenue.ky.gov/Business/Corporation-Income-and-Limited-Liability-Entit… · verified April 21, 2026
Kentucky corporate income tax is a flat 5% (KRS 141.040) for tax years beginning on or after January 1, 2018. Applies to C corporations and to LLCs electing corporate tax treatment. Separate from LLET, which applies at the entity level to all limited-liability entities.
Business name search: web.sos.ky.gov/ftsearch/ · verified April 21, 2026
Kentucky Secretary of State Business Entity Search (FastTrack Search). Use before filing Articles of Organization to confirm name availability.
Online filing portal: onestop.ky.gov/Pages/default.aspx · verified April 21, 2026
Kentucky Business One Stop portal, the official state gateway for online LLC formation via the FastTrack filing system. Online filings typically process within 1 business day.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.