Delaware Annual Filing for indian firms, How Indian Businesses Can file Delaware Annual report

How Indian Businesses Can File Delaware Annual Report from India 

Introduction 

Delaware LLC Annual Filing is a mandatory compliance requirement for Indian companies registered in the United States. Missing the filing deadlines can result in heavy penalties and a loss of good standing status with the Delaware Secretary of State. This blog explains how Indian businesses can file the Delaware Annual Report online, outlines the specific requirements for LLCs and corporations, details the deadlines, and highlights common compliance mistakes to avoid.

 

Summary

  • Delaware Annual Filing from India is mandatory for LLCs and Corporations.
  • LLCs must file the Franchise Tax; Corporations must submit Annual Report + Tax.
  • Filing is done via the Delaware Division of Corporations portal.
  • Non-filing can lead to high penalties or administrative dissolution.
  • Deadlines differ for LLCs (June 1) and corporations (March 1).
  • Indian companies can outsource compliance to professional filing firms.

What is Delaware Annual Filing Report?  

Delaware Annual Filing Report refers to the yearly compliance report and/or franchise tax payment required by the Delaware Secretary of State for all business entities, including those owned by Indian entrepreneurs.

Why It’s Important for Indian Companies?  

  • Ensures business remains in Good Standing

  • Avoids late penalties and possible revocation

  • Needed to maintain access to licenses, bank accounts, and EIN renewal

Delaware Annual Filing Deadlines and Fees  

Delaware LLC Annual Filing  

  • Filing Requirement: Only payment of Franchise Tax is needed; no annual report is required.

  • Due Date: Must be filed by June 1st every year.

  • Filing Fee: Flat $300 payable to the Delaware Division of Corporations.

  • Late Penalty: A fixed $200 penalty, plus 1.5% interest per month on the outstanding amount.

  • Filing Method: Can be filed online through the Delaware Corp Portal.

Delaware Corporation Annual Filing  

  • Filing Requirement: Must submit both the Annual Report and Franchise Tax.

  • Due Date: Must be filed by March 1st each year.

  • Franchise Tax Amount: Varies depending on the number of authorized shares.

  • Late Penalty: $125 penalty plus additional monthly interest.

  • Filing Method: Online filing available on the Delaware Annual Report page.

Step-by-Step Guide to File Delaware Annual Report from India  

For Delaware LLCs:  

  1. Go to the Delaware Portal
    Visit the official Delaware Division of Corporations.

  2. Enter Company Information
    Enter your entity name and Delaware File Number.

  3. Proceed to Payment
    Pay the $300 franchise tax using an international credit card.

  4. Receive Confirmation
    Download the payment confirmation for future reference.

For Delaware Corporations:  

  1. Login to Annual Report Section
    Go to the corporation filing system on the Delaware website.

  2. Fill in Officer Details
    Add Director/Officer names, addresses, and entity details.

  3. Calculate Franchise Tax
    The system will calculate based on shares or assets.

  4. Submit Report + Pay Tax
    Complete both steps in the same filing flow.

  5. Download Receipt
    This serves as official proof of filing.

Mistakes to Avoid While Filing  

  • Using LLC steps for Corporations or vice versa.

  • Entering incorrect entity details or file number.

  • Waiting until the last day, risking portal downtime.

  • Failing to pay while submitting, both are needed.

What Happens If You Miss Filing?  

Entity Type

Penalty Fee

Interest Accrued

LLC

$200

1.5% per month

Corporation

$125

Additional monthly interest

Missed filings also result in “Not in Good Standing” status, which can affect your legal and financial operations in the U.S.

Benefits of Timely Delaware LLC Annual Filing  

  • Maintains legal status of your U.S. business

  • Prevents late fines and dissolution

  • Helps in EIN renewal, contract execution, and license renewals

  • Supports smooth cross-border transactions

  • Required for state certificate of good standing

Conclusion  

Delaware LLC Annual Filing from India is a critical yearly compliance for Indian entrepreneurs managing U.S.-registered businesses. Whether you’re operating an LLC or a Corporation, staying compliant helps avoid legal troubles and ensures continued access to U.S. financial and legal infrastructure. Partner with Ebizfiling to file Delaware Annual Report stress-free and on time.

FAQs: Delaware Annual Filing from India

1. Do I need to file if my Delaware LLC had no activity?

Yes, all Delaware LLCs must pay the annual franchise tax, even if they had no business activity or income during the year. Non-compliance may lead to penalties and loss of good standing.

2. Can I file the Delaware Annual Report from India?

Yes, Indian businesses can complete the entire Delaware Annual Filing online through the official Delaware Division of Corporations website using international credit or debit cards.

3. Is the deadline the same for LLCs and Corporations?

No. LLCs must pay franchise tax by June 1st, while corporations must file both the annual report and tax by March 1st each year.

4. What if I miss the filing deadline?

Late filing attracts fixed penalties and accumulating interest. Your entity may also lose its good standing, making it difficult to obtain licenses, open U.S. bank accounts, or conduct lawful business.

5. How do I find my Delaware file number?

You can locate your Delaware file number on your Certificate of Formation or search it on the Delaware Division of Corporations’ entity search tool online.

6. Do I need a U.S. bank account to make the payment?

No, you don’t need a U.S. bank account. The Delaware portal accepts most international credit or debit cards for tax and report payments.

7. Does a Corporation need to file both tax and report?

Yes. Unlike LLCs, Delaware corporations must file an annual report and pay franchise tax. Failing to submit both components results in non-compliance.

8. Can Ebizfiling assist with Delaware Annual Filing?

Absolutely. Ebizfiling offers expert assistance to Indian businesses for Delaware filings, ensuring timely compliance, accurate submissions, and peace of mind.

9. What happens if I only file the report but not the tax?

Filing is only considered complete when both the tax and report are submitted. Partial filing is treated as non-compliance and may incur penalties.

10. Is there any exemption or waiver on franchise tax?

No. Delaware does not offer waivers or exemptions for annual franchise tax, regardless of income, activity, or company status.

About Ebizfiling -

EbizFiling is a concept that emerged with the progressive and intellectual mindset of like-minded people. It aims at delivering the end-to-end corporate legal services 0f incorporation, compliance, advisory, and management consultancy services to clients in India and abroad in all the best possible ways.
 
To know more about our services and for a free consultation, get in touch with our team on  info@ebizfiling.com or call 9643203209.
 
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Author: dhruvi

Dhruvi Darji is a Content Writer at Ebizfiling who turned her passion for writing into a full-time career. She holds a Bachelor's degree in Computer Applications from KSV University and has been writing content professionally since 2023. Over time, she has worked on various topics and enjoys creating simple, clear, and helpful content that helps people gain a better understanding. She also holds a 7-band IELTS score, reflecting her strong grasp of language and communication. Beyond work, Dhruvi enjoys journaling and crafting stories.

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