Head-to-head • Updated 2026
Delaware vs Nevada: Chancery Prestige vs $4M Commerce Shield
Delaware sells courts and VC acceptance; Nevada sells no income tax plus a $4M commerce-tax exemption.
Quick answers
- Should I choose Delaware or Nevada?
- Raising venture: Delaware, no contest. Privacy-first operating LLC under $4M NV revenue: Nevada is cheaper and simpler.
| Delaware | Nevada | |
| LLC annual | $400 | $350 stack ($150 + $200) |
| Courts/VC | Chancery + universal acceptance | Rarely VC-accepted |
| Revenue tax | Corp APV / 8.7% | $0 under $4M NV revenue |
Cost to form and keep
| Formation | Annual minimum | Due | |
| Delaware LLC | $110 Certificate of Formation | $400 (HB 400) | June 1 |
| Delaware Corp | $109+ Certificate of Incorporation (varies with authorized stock) | $450 ($400 APV + $50) | March 1 |
| Nevada | Articles plus the initial Annual List and State Business License, paid together at formation | $350 ($150 list + $200 license LLC) | Anniversary / Aug 14 |
Before registered-agent fees and before any tax on profit. Operating in a state means paying it no matter where the entity was formed.
Delaware LLC: what else to know
- The flat tax rose from $300 to $400 for tax year 2026; the first $400 payment is due June 1, 2027.
- No annual report and no member disclosure: the payment is the whole filing.
- Cancelling costs $220 plus every annual tax owed through the year of cancellation.
Full rules: Start a Delaware LLC.
Delaware Corp: what else to know
- Delaware’s notice uses the Authorized Shares method ($85,165 for 10 million shares); filing under Assumed Par Value usually drops it to the $400 minimum.
- Late filing adds $200 plus 1.5% monthly interest.
- Corporations owing $5,000 or more make estimated payments on June 1, September 1, and December 1.
Full rules: Delaware APV optimization.
Nevada: what else to know
- Corporations pay a $500 State Business License instead of $200, so their minimum is about $650.
- Commerce tax applies only to Nevada gross revenue above $4 million, at 0.051%–0.331% by industry.
- No personal or corporate income tax.
Full rules: Nevada commerce tax.
Verdict
Raising venture: Delaware, no contest. Privacy-first operating LLC under $4M NV revenue: Nevada is cheaper and simpler.
Test where you actually owe tax with the nexus checker before choosing a home state.
Other head-to-heads
Sources
- State SOS / FTB / Division / Comptroller fee schedules; calculators on this site