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Legal & Ops

Delaware Franchise Tax

Authorized shares vs assumed par value — pick the cheaper.

Cap: $200,000. Filing deadline: March 1 each year. Default-to-cheaper method — most startups overpay by using "Authorized shares".

Heads up — Estimate only — not legal advice. Filing fees, formation rules, and franchise tax tables change. Confirm with a startup attorney or your state of incorporation.
You owe
$1,250
use "Assumed par value" method
Annual report fee
$50
due March 1
Authorized shares method
$85,165
Assumed par value method
$1,200
Savings vs default
$83,965
if you'd used the wrong method
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About

Delaware lets corporations choose the cheaper of two franchise-tax calculations. Most startups overpay by accepting the default 'authorized shares' bill — this tool computes both and tells you which to file.

How it works

  1. 01Authorized Shares method: $175 for ≤5,000 shares, $250 for ≤10,000, plus $85 per additional 10,000 — capped at $200,000.
  2. 02Assumed Par Value method: based on gross assets and issued shares — typically much lower for startups with high authorized counts.
  3. 03You owe the lower of the two, plus a $50 annual report fee.

Examples

Typical seed startup

10M authorized shares, 8M issued, $0.0001 par, $2M gross assets. Authorized method = ~$85k. Assumed par method = $400. Savings: $84.6k.

Pre-revenue C-corp

Same authorized shares, no revenue, $50k cash. Assumed par method still wins. Always compute both — Delaware bills authorized by default.

FAQ

When is franchise tax due?+
March 1 each year. Late = $200 penalty + 1.5%/month interest.
Can I lower authorized shares?+
Yes, via board + stockholder action and a Certificate of Amendment. Worth it if you're stuck on the authorized method.
Do LLCs pay this?+
No — DE LLCs pay a flat $300 annual tax. This calculator is for DE C-corps only.

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