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Delaware field guide / 16 / Tax & timing

Delaware Out-of-State Income Tax Exemption (§ 1902(b)(6)) & Gross Receipts

01 / The direct answer

Under 30 Del. C. § 1902(b)(6), qualifying corporations with activities limited to the statutory exemption do not owe Delaware corporate income tax. Physical business, gross receipts, home-state qualification, and federal obligations require separate review.

Delaware Division of Corporations (Title 8 & Title 6) ↗Delaware Code Online (Title 6, Title 8 & Title 30) ↗

Delaware statutory references supplied for the October 25, 2026 review; confirm current official instructions.

Corp USA is not a law firm and does not provide legal advice. Private information and filing service; not a government agency.

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Corp USA is not a law firm and does not provide legal advice.

02 / Follow the decisions

Start with the right question.

Statutory Rule & Filing Mechanics (30 Del. C. § 1902(b)(6))

Under 30 Del. C. § 1902(b)(6), qualifying corporations with activities limited to the statutory exemption do not owe Delaware corporate income tax. Physical business, gross receipts, home-state qualification, and federal obligations require separate review.

Delaware Division of Corporations (Title 8 & Title 6) ↗

Certificate of Formation — $110 state fee

Under 6 Del. C. § 18-201, the public Certificate requires the LLC name and Delaware Registered Agent. The authorized person signs the filing; member and manager names are not required.

Delaware Division of Corporations (Title 8 & Title 6) ↗

Freedom of Contract & Charging Order Protection

6 Del. C. § 18-1101(b) gives maximum effect to freedom of contract in the Operating Agreement. § 18-703 provides the charging-order remedy.

Delaware Code Online (Title 6, Title 8 & Title 30) ↗
03 / Before you proceed

Your preparation checklist

  • Confirm LLC, standard C-Corp, Venture 10M-Share C-Corp, or Series LLC
  • Clear Delaware ICIS entity name
  • Designate physical Delaware Registered Agent
  • File Certificate of Formation ($110) or Incorporation ($109)
  • Execute Operating Agreement or Bylaws; review 30-day § 83(b) election
  • Calendar March 1 corporation report or June 1 LLC tax
Delaware Division of Corporations (Title 8 & Title 6) ↗Delaware Division of Corporations (Title 8 & Title 6) ↗Delaware Code Online (Title 6, Title 8 & Title 30) ↗
04 / Your decision tool

Delaware Tax & Exemption Calculator

Delaware Tax & Exemption Calculator

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05 / Facts & fees

Keep the requirements separate.

Delaware statutory references; confirm current requirements before filing.
RequirementRule / confirmation neededOfficial authority
Certificate of Formation — $110 state feeUnder 6 Del. C. § 18-201, the public Certificate requires the LLC name and Delaware Registered Agent. The authorized person signs the filing; member and manager names are not required.Delaware Division of Corporations (Title 8 & Title 6) ↗
Freedom of Contract & Charging Order Protection6 Del. C. § 18-1101(b) gives maximum effect to freedom of contract in the Operating Agreement. § 18-703 provides the charging-order remedy.Delaware Code Online (Title 6, Title 8 & Title 30) ↗
06 / Your next path

Carry the decision forward.

Continue with our filing team

Corp USA is not a law firm and does not provide legal advice. State fees are pass-through. Service fees and taxes are separate. Review the order price before payment.

07 / Questions answered

Before your next step

30 Del. C. § 1902(b)(6). Under 30 Del. C. § 1902(b)(6), qualifying corporations with activities limited to the statutory exemption do not owe Delaware corporate income tax. Physical business, gross receipts, home-state qualification, and federal obligations require separate review.

Delaware Division of Corporations (Title 8 & Title 6) ↗

Only the LLC name, Delaware Registered Agent, and Authorized Person signing the Certificate of Formation appear on the public filing.

Delaware Division of Corporations (Title 8 & Title 6) ↗

June 1 of each calendar year starting the year after formation (§ 18-1107). Zero annual report is required.

Delaware Division of Corporations (Title 8 & Title 6) ↗