Head-to-head • Updated 2026
By Srikanta M.Reviewed against FTB / SOS sources: September 2026Methodology

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.
DelawareNevada
LLC annual$400$350 stack ($150 + $200)
Courts/VCChancery + universal acceptanceRarely VC-accepted
Revenue taxCorp APV / 8.7%$0 under $4M NV revenue

Cost to form and keep

FormationAnnual minimumDue
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
NevadaArticles 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