Which is Better, an LLC in California or Delaware?

In this article we'll compare whether an LLC in California or Delaware is a better option for forming an LLC. We'll look at the similarities and differences in pricing and features with this data-driven guide. Choose which state is best for your needs with side-by-side comparisons.

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Recommended Option for Most Businesses

In broad terms, it is usually better to form your LLC in the state you are based in, or plan to conduct your business in. The reason for this is because there is slightly less paperwork involved, and you can save money on the formation fees.

If you live in California or Delaware and most of your business will be conducted there, it's probably best for you to form your LLC there too.

However, if you are not based in the USA, or you are looking for a more tax-efficient option, you may want to consider forming your LLC in a different state.

If that sounds more like what you are looking for, keep reading and we'll break down the differences between California and Delaware.

This article is for educational purposes only. Please make sure you consult an attorney before making any decisions about where to form your new business.

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Pricing

Every state has different fees for forming an LLC. The table below breaks down the approximate fees for California and Delaware. We have also worked out the average filing fee for all states so you can see how California and Delaware compare to the rest of the country.

Country average California Delaware
Filing fee $133 $70 $90
Renewal fee $80 $20 $300
Renewal period (years) 1 2 1

When factoring in the costs, you might also want to consider an inexpensive formation service like ZenBusiness or Incfile. These services can help you form your LLC for a fraction of the cost of a lawyer or accountant.

They also both provide a Registered Agent service, which is a requirement in both California and Delaware. This is a service that will receive any legal documents on your behalf, and forward them to you.

Feature Comparisons

Beyond the pricing differences, we can also look at the different features or filing options that California and Delaware offer to see how they compare to each other. This is a really great way to see, side-by-side, what each state offers so you can determine which is best for your company formation needs.

Feature California Delaware
File by mail
File online
Online approval time 120 days Unknown
Expedited filing
Expedited approval time Not available 24 hours
Expdited filing fee Not available $50
Max. corporate tax rate 8.84% 8.7%
California guide Delaware guide

Conclusion

Hopefully, being able to see California vs Delaware side-by-side has helped you to determine which state is better to form your LLC in.

The general rule of thumb is that you should file in your home state unless you have good and valid reasons for doing otherwise. If you are still looking at California or Delaware, then make sure to look at the pricing options, filing options, approval times and corporate tax rates to see which might be favorable to you.

The limited liability protections of each state are reasonable similar so it's really a case of personal preference, looking at the fees of each, and considering your business type (i.e if you are a franchise, certain states have lower tax rates available).

Ultimately, make sure to consult an attorney before making any decisions. It might be that California and Delaware are both good options for you, but you might also find that neither works for your needs.

The only way to truly decide whether an LLC in California or an LLC in Delaware is right for you is to consult with your attorney.