Delaware Franchise Tax Due Date and Annual Report Austin Burgoyne, July 1, 2023July 1, 2023 Welcome to our article on the Delaware Franchise Tax Due Date and Annual Report. Discover the essential information you need to know about this important financial obligation for businesses operating in the state of Delaware. Table of Contents Toggle Understanding Delaware Franchise TaxCalculating Franchise Tax in DelawareMethods for Calculating Franchise Tax for Maximum Stock CompaniesPaying Delaware Franchise TaxAdditional Requirements for Delaware Franchise Tax PaymentDistinction Between Delaware Franchise Tax and Annual Registered Agent FeePost-payment Obligations for Delaware Franchise Tax Understanding Delaware Franchise Tax The Delaware Franchise Tax is a yearly tax imposed on corporations and LLCs that are incorporated in Delaware. The due date for the Franchise Tax and Annual Report is March 1st of each year. The Franchise Tax is calculated based on the company’s authorized shares or assumed par value. There are two methods for calculating the Franchise Tax: the Authorized Shares Method and the Assumed Par Value Capital Method. The Franchise Tax payment form and Annual Report must be filed with the Delaware Division of Corporations. Failure to pay the Franchise Tax and file the Annual Report on time can result in penalties and the loss of good standing status. Calculating Franchise Tax in Delaware The Delaware Franchise Tax is a mandatory fee that all Delaware corporations and LLCs must pay to the State of Delaware. The due date for this tax is typically on or before March 1st of each year. The amount of the tax is based on the company’s authorized shares or the company’s assumed par value capital. To calculate the Franchise Tax, companies can use either the Authorized Shares Method or the Assumed Par Value Capital Method. The Authorized Shares Method requires companies to pay a minimum tax based on the number of authorized shares. The Assumed Par Value Capital Method is based on the assumed par value capital of the company, which is determined by the number of authorized shares and the par value assigned to each share. To file the Franchise Tax, companies must submit an Annual Report, which includes information about the company’s ownership, business activity, and financial information. The Annual Report can be filed online through the Delaware Division of Corporations’ website and must be accompanied by the Franchise Tax payment. It is important to note that failure to pay the Franchise Tax by the due date can result in penalties and interest fees. Additionally, companies that fail to file the Annual Report can lose their good standing status with the State of Delaware. Therefore, it is crucial for companies to stay up to date with their Franchise Tax obligations and annual filing requirements. For more information on calculating and paying the Delaware Franchise Tax, please consult the Delaware Division of Corporations’ website or seek the advice of a qualified tax professional. Methods for Calculating Franchise Tax for Maximum Stock Companies Method Calculation Authorized Shares Method Based on the number of authorized shares of capital stock Assumed Par Value Capital Method Based on the assumed par value of the authorized shares Delaware Alternative Authorized Shares Method Based on the maximum number of shares that the corporation was authorized to issue at any time during the taxable period Gross Assets Method Based on the total gross assets of the corporation Delaware Alternative Gross Assets Method Based on the maximum value of the total gross assets of the corporation during the taxable period delaware franchise tax due date”> Paying Delaware Franchise Tax The Delaware Franchise Tax is an annual tax that must be paid by Delaware corporations and LLCs. The due date for the Franchise Tax and Annual Report is typically on March 1st of each year. To pay the tax, you will need to complete the Franchise Tax payment form and submit it along with the necessary payment. The tax amount is calculated based on the company’s authorized shares or the company’s assumed par value capital. It is important to note that failure to pay the Delaware Franchise Tax by the due date can result in penalties and interest fees. To ensure compliance with annual filing requirements, it is recommended to consult with a registered agent or seek professional assistance. Additional Requirements for Delaware Franchise Tax Payment 1. Delaware corporations and LLCs are required to file an Annual Franchise Tax Report along with their tax payment. 2. The Franchise Tax Report must include information about the company’s ownership and business activity. 3. Taxpayers have the option to pay their Franchise Tax in one lump sum or in installments. 4. The tax calculation method used is the Share Method, based on the company’s authorized shares or assumed par value. 5. In addition to the Franchise Tax, there is also a filing fee and an interest fee for late payments. 6. Limited Liability Companies and Partnerships are also subject to the Franchise Tax, with different calculations based on their company type. 7. It is important to have a registered agent in Delaware, as they will receive any official notices or correspondence regarding the tax filing. These additional requirements must be met in order to comply with Delaware’s Franchise Tax payment regulations. Distinction Between Delaware Franchise Tax and Annual Registered Agent Fee The Delaware Franchise Tax and Annual Registered Agent Fee are two separate requirements for Delaware businesses. The Franchise Tax is a tax imposed on Delaware corporations and LLCs for the privilege of incorporating or organizing in the state. It is due on March 1st of each year. The Annual Registered Agent Fee, on the other hand, is a fee paid to maintain a registered agent in Delaware and is due on the anniversary date of the company’s incorporation or organization. It is important to note that these are separate obligations and must be paid separately. Failure to pay the Franchise Tax can result in penalties and interest fees. It is recommended to consult with a professional or use an online tax calculator to ensure accurate calculations and timely payment. Post-payment Obligations for Delaware Franchise Tax After paying the Delaware Franchise Tax, there are a few post-payment obligations that taxpayers need to be aware of. First, it is important to note that the due date for the tax is typically on or before March 1st each year. Failure to pay by this date may result in penalties and interest fees. Once the tax is paid, Delaware corporations and LLCs are required to file an Annual Report. This report provides information about the company’s business activity and income for the previous year. The report must be filed online through the Delaware Division of Corporations’ website. Taxpayers can choose to pay their Franchise Tax in one lump sum or in installments. If paying in installments, the tax must be paid in four equal installments. The first installment is due by June 1st, and the remaining installments are due by September 1st, December 1st, and March 1st of the following year. It is important to note that the Franchise Tax is a privilege tax, meaning it is paid for the privilege of conducting business in Delaware. This tax is separate from the company’s income tax return and does not take into account the company’s income or profits. For more information on the Delaware Franchise Tax and its post-payment obligations, it is recommended to consult with a tax professional or visit the Delaware Division of Corporations’ website. 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