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Incorporate · Americas

Company Formation in United States (Delaware)

Default choice for US startups with mature corporate law and investor familiarity. Review the legal form, tax position, treaty network and indicative cost, then talk to one team that structures it end to end.

  • Licensed CSP
  • 50+ yrs combined experience
  • 15+ jurisdictions
Flag of United States (Delaware)
Corporate tax
21% federal
VAT / GST
None federally (state and local sales taxes apply where nexus exists)
Formation
1-5 days
Foreign ownership
100% permitted (non-residents can own C-Corps and LLCs)
Tax treaties
66+
Setup cost
USD 500 - 2,500

At a glance

Common entity
C-Corporation
Formation time
1-5 days
Setup cost
USD 500 - 2,500
Annual cost
USD 1,000 - 3,500
Foreign ownership
100% permitted (non-residents can own C-Corps and LLCs)
Tax treaties
66+
SaaS and technologyFintechHolding companyE-commerceTrading

Best for

  • Venture-backed startups raising from US investors
  • Access to the US market and payments
  • C-Corps preparing for institutional funding

Less ideal for

  • Founders wanting low corporate tax
  • Those seeking to avoid US filing complexity

Legal and formation

Legal systemCommon law
Common entity typesC-Corporation, Limited Liability Company (LLC)
Formation timeline1-5 days
Minimum capitalNone
Foreign ownership100% permitted (non-residents can own C-Corps and LLCs)
Minimum shareholders1
Minimum directors1
Local presenceDelaware registered agent required
Public registryDirectors and shareholders not on a public state register (agent on file)
AuditNo general statutory audit requirement

Tax profile

Corporate income tax21% federal (C-Corp); Delaware charges no state income tax on out-of-state activity but levies an annual franchise tax
VAT / GSTNone federally (state and local sales taxes apply where nexus exists)
Withholding, dividends30% to non-residents (treaty reduced)
Withholding, interest30% (treaty reduced; portfolio interest often exempt)
Withholding, royalties30% (treaty reduced)
Capital gainsWithin federal corporate tax for C-Corps
Territorial systemNo
CFC rulesYes
Participation exemptionDividends-received deduction for qualifying US corporate shareholders

Every figure above is indicative. Rates, thresholds, minimum capital, ownership rules and timelines change and vary by activity, licence and structure. They are confirmed with the relevant authority and in a tailored quote before you rely on them. This is general information, not legal or tax advice.

How to set up in US (Delaware)

  1. 1

    Choose the entity type (C-Corp or LLC) and confirm the name

  2. 2

    Appoint a Delaware registered agent

  3. 3

    File the certificate of incorporation or formation with the Division of Corporations

  4. 4

    Obtain a federal EIN from the IRS

  5. 5

    Adopt bylaws or an operating agreement, issue equity and open a bank account

Banking reality

US banks almost always require an EIN and often an in-person visit or a US presence, so non-resident founders frequently rely on fintech business-banking platforms that support foreign-owned entities.

Country details

Capital
Dover
Currency
US Dollar (USD)
Population
1.0 million
Languages
English
Continent
Americas

Ready to incorporate in United States (Delaware)?

One team handles licensing, structuring, banking introductions, and ongoing compliance, end to end.

Company Formation in United States (Delaware) - Frequently Asked Questions

Common questions about incorporating in United States (Delaware): setup time, corporate tax, foreign ownership and how AURNÉ can help.

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