DelawareUnveiling the Downsides of Incorporating in Delaware: What Entrepreneurs Should Know

October 28, 2023by Tetra Consultants0
  • Delaware has been considered one of the most business-friendly states in the US because of many of its policies. The state has been a strong economic contributor because of the entrepreneurs of the state. Delaware has strong and rigid tax policies which do not include any tax on sales and has lower state tax overall. The contribution of entrepreneurs is significant in the state thus, Tetra Consultants can help you to register company in Delaware.  
  • There are many advantages for the company to incorporate in Delaware but additionally, there are various disadvantages associated with the incorporation which can add an extra cost and create complexities for entrepreneurs and investors. Tetra Consultants might be of great help to you because we have a team of experienced professionals who will guide you through complexities and help in making the process of incorporation seamless. 
  • The state is very expensive as compared to other states and there present no real tax savings for small businesses. The financial burden also persists on the entrepreneurs and the investors for higher filing fees in Delaware. The Delaware legislative framework arrangement has made it difficult and complex for entrepreneurs to operate their businesses in Delaware. Thus, before incorporating a business in Delaware the business circumstances must be evaluated, and carefully weigh the advantages and disadvantages of incorporating in Delaware. 

The downside of incorporating in Delaware

There are many drawbacks involved while incorporating the company in Delaware which must be considered before taking up the decision. Downlisted are some of the downsides of incorporating in Delaware: 

Franchise tax: 

  • When you incorporate a company in Delaware the disadvantage the company comes across involves franchise tax which is needed to be paid by 1st March of each year. The tax is calculated through two methods which are Authorized Share Method (ASM) and the Assumed Par Value Capital Method (APVC). The franchise tax imposed may vary from USD $175-$200,000 depending on the size of the company. Tetra Consultants can assist you through accounting and tax services which will help the company to comply with the accounting laws of Delaware. 

Filing cost

  • When filing costs are considered it is much higher than some other states. Along with the filing cost the incorporating company is required to submit the franchise tax and annual report which increases the overall filing cost. The initial filing fee in Delaware for domestic companies is $89 and for foreign companies is $245 which when compared to Florida’s incorporation cost which is $35 is really very high and an extra burden for corporations. The filing cost becomes more expensive when the additional costs of name reservations, agents, incorporation, and filing documents. This additional cost makes it expensive for incorporations to operate their business in Delaware. 

Extra foreign qualification costs

  • As an entrepreneur from a foreign state or country and want to incorporate in Delaware the foreign qualification law would be applicable. The cost involves a fee of $245 for the qualification certificate and an additional cost of $125 for the annual report. Hence the qualification costs and the ongoing fees are much higher and are an extra expense for the business. The foreign qualification cost enables the company to work in different states while being registered in one state. Tetra Consultants can help you to comply with the requirements of the states. Along with this, Tetra Consultants can assist you with various costs involved and other regulatory compliance services to help to achieve your business goals. 

Extra reporting requirements

  • The company that wishes to incorporate in Delaware is also required to file annual reports even after the submission of those reports in your home state. These reporting requirements make it tough for companies to survive in such a rigid legislative structure. Tetra Consultants can help you in navigating the business reporting requirements which might vary depending on the business size and industry. Our team of qualified and experienced professionals can guide you with expert knowledge that can help the business to comply with the reporting requirements. 

Limited benefits for small businesses

  • As Delaware offers various tax benefits, expediency, simplified structure, and predictability in corporate businesses the associated disadvantages of incorporating in Delaware for small businesses are not significantly shown. These benefits do not provide any advantage to the small businesses in the state because of the additional cost put on such small businesses. For providing advantages to small businesses in Delaware Tetra Consultants can help them by providing the proper assistance and regulatory compliance services.

Dual reporting requirements

  • Incorporating company in Delaware which is physically located in another state of the US But also functions in the Delaware corporation needs to follow the reporting requirements of both states. Through these reporting requirements, an added administrative burden and increased potential expense are involved which eventually increases the expenses of the company. The reporting requirements involved various documents and reports required by the state. These reports may vary from state to state requirements which increases the cost of the company to operate a business in two different states. Tetra Consultants have been in this industry for the past many years and have been supporting businesses to grow and achieve that objective thus you can also make your business incorporation journey hassle-free with our help. 


  • Delaware is considered one of the top states to provide a business-friendly environment and tax benefits to medium and large companies. If you want to incorporate a business in that state there are many incorporation leverage you might face. You may get overwhelmed by the incorporation process but that is why Tetra Consultants is there to help you and provide you guidance and assistance with our expert And professional experienced team members To provide you guidance regarding the incorporation of Delaware and can help you with the entire process of Delaware incorporation. 
  • Contact us to know more about the disadvantages of incorporating your business in Delaware and also for registering a company in Delaware our team of experts will revert within the next 24 hours. Tetra Consultants are always ready to assist and administer you by helping you to develop, commence, or execute your business in a more hassle-free way. We have a dedicated team of staff members who are highly qualified and experienced which can help in hassle-free incorporation. Tetra Consultants also provide various other ancillary services such as offshore company incorporation, corporate bank account opening, nominee director services, offshore financial licenses, international trademark registration, and many more ancillary services.

Tetra Consultants

Tetra Consultants is the consulting firm that works as your advisor and trusted partner in your business expansion. We tell our clients what they need to know, instead of what they want to hear. Most importantly, we are known for being a one-stop solution for our valued clients. Contact us now at for a non-obligatory free consultation. Our team of experts will be in touch with you within the next 24 hours.

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