How to Calculate Franchise Taxes Division of Corporations State of Delaware

Make sure to pay and file your annual franchise tax report on time to avoid penalties and interest. However, if you expect your Delaware corporation to owe $5,000 or more in franchise taxes, you must make estimated payments. However, franchise taxes for Delaware corporations can vary significantly. Calculate tax based on the total number of shares your corporation is authorized to issue. All corporations incorporated in the State of Delaware are required to pay the DE franchise tax. Late filing or non-payment of franchise tax can result in penalties, interest charges, and the revocation of your company’s good standing status in Delaware.

These range from the overstatement of assets and authorized shares to inaccuracies in the capitalization table. Really, use the taxable and tax exempt interest income calculator above and make sure to consult with a tax professional who works with a lot of Delaware corporations! The calculation is based solely on the number of authorized shares your corporation has. The second method is the “assumed par value” method and is a more complicated formula based on shares issued and the company’s gross assets.

Authorized Shares Method

You can calculate it using the Authorized Shares Method or the Assumed Par Value Capital Method—whichever results in a lesser tax bill. Our all-inclusive accounting packages provide tax preparation, and bookkeeping to fit any budget and growth stage. Cleer Tax provides flat-rate accounting services for U.S. startups, often with foreign ownership, and growing businesses, to do it right from the start. The maximum tax is generally $200,000.00, but for Large Corporate Filers, it is $250,000.00. Please note that this article is for informational purposes only and should not be considered as legal, tax, or financial advice.

A Hypothetical Spin on the Authorised Shares Method

• By familiarizing yourself with the Authorized Shares Method and the Assumed Par Value Capital Method, you can accurately determine your business’s tax.
• DE Franchise taxes are now due March 1st every year.
• Corporations, LLCs and LPs are taxed in arrears, meaning the tax due by each due date is for the previous calendar year.

The least amount you’ll pay using this method is $400, and there’s no cap on the maximum. Practical guides on startup taxes, bookkeeping, and compliance. Stay ahead of federal and state tax filing deadlines while staying compliant. They can also help ensure you’re maximizing your business tax credits, deductions, and overall tax savings.

How to Calculate Franchise Taxes

To calculate your exact franchise tax amount, you can use either the State of Delaware’s online calculator or consult a certified public accountant (CPA). Whenever a company issues stock, whether it is a corporation, LLC, fixed assets examples in accounting LP, LLP, or statutory trust, the Authorized Shares Method applies. Gross assets is defined as “total assets” reported on the U.S. When using the ‘Assumed Par Value Method,” you must provide numbers for all issued shares (including treasury shares) AND total gross assets.

Do I Need to Submit Anything Else With My Delaware Franchise Tax Payment?

Harvard can provide assistance throughout the life of your company. Corporations owing $5,000.00 or more make estimated payments with 40% due is a master’s degree in accounting worth it June 1st, 20% due by September 1st, 20% due by December 1st, and the remainder due March 1st.

The total cost of the corporation’s Delaware Franchise Tax consists of an annual report fee and the actual tax due. The Assumed Par Value Capital Method is a more complex method of calculating your annual tax bill, as it also involves your company’s total gross assets and share structure. Effective January 1, 2018, a domestic stock or non-stock for profit corporation incorporated in the State of Delaware is required to pay annual franchise tax.

delaware franchise Tax calculators FOR “AUTHORIZED SHARE METHOD” AND “ASSUMED PAR VALUE METHOD” (2023 Rates)

The par value has no connection to the market value of the share of stock. If you’ve received a bill for $75K, it is because Delaware has calculated the tax using the Authorized Shares Method. The vast majority of our startups use the Assumed Par Value Capital Method because it results it significantly less tax.

• Please note that this article is for informational purposes only and should not be considered as legal, tax, or financial advice.
• Although not as common, the Investor Rights Agreement may also make reference to the par value of preferred shares.
• It is not a tax on income but on the privilege of conducting business in Delaware.
• It’s a critical deadline that these corporations must meet to avoid incurring late fees.

Why Do I have to Pay Franchise Taxes?

Franchise and corporate taxes are not the same thing, and most DE C-Corps that we advise do not have to file for corporate taxes in the state. This can significantly increase the financial burden for businesses that delay their payments. Limited Liability Companies (LLCs), Limited Partnerships (LPs), and General Partnerships face a June 1st deadline for their annual payments. The minimum payment using the Assumed Par Value Capital method is $400, and there is no maximum. So step 1 in the directions below is what you’ll multiply against your total number of shares, then you divide by 400/1,000,000 to get to what you owe.

That’s because the state of Delaware doen’t know how many outstanding shares you have or what your asset base is until you fill out that information. It’s important for founders to remember that the Delaware Franchise Tax website defaults to the largest tax bill possible when you first log into the site. We’ve outlined the most common reasons your Delaware Franchise Tax may be so high, including multiple issues and mistakes that companies often unwittingly make during the filing process. Use the calculation method in our estimator above to estimate how much you likely owe. Don’t panic – your Delaware Franchise Tax is likely so high because your accountant has used the wrong calculation method. Although not as common, the Investor Rights Agreement may also make reference to the par value of preferred shares.

What Method Should I Use?

If you incorporated in Delaware, yes, you need to file and pay the Delaware Franchise Tax. It is important to consult with a tax CPA to ensure compliance with all tax requirements. This filing is typically due on April 15th and can be extended until October 15th. All Delaware C-Corps are required to file a federal income tax return on Form 1120, even if they have incurred losses. Kruze has an entire, interactive and downloadable calendar of C-Corp tax deadlines – get it here! All entities should be aware of the penalties for late payments.

Therefore, if you receive a tax bill for tens of thousands of dollars, it may be in your best interest to try calculating your Delaware Franchise Tax with the assumed par value capital method. Don’t forget to add the $50 annual report fee to the Franchise Tax after it is calculated. The State of Delaware uses this method to initially calculate your taxes. If your company is no longer operating, it’s important to close your Delaware business and end these fees.

If you have a Delaware C-Corp which was in existence during any calendar tax year (1st January to 31st December), then yes you must file the Annual Report and pay the Delaware Franchise Tax. Not paying the Delaware Franchise Tax and failing to file the Annual Report for two consecutive years will lead to the State of Delaware’s automatic administrative dissolution of the corporation. It is not a tax on income but on the privilege of conducting business in Delaware. So, with $5,000,000 in gross assets and 500,000 issued shares, your “assumed par value” works out to be $10 per share. Suppose your startup has $5,000,000 in gross assets and 500,000 issued shares.

Learn more about this deadline on Delaware’s website; this calculator may not be the best calculator for LLCs / non-C-corps. While our focus at Kruze is on C-Corps, it’s worth noting that Delaware has different requirements for other business structures. This fee is a small but essential part of maintaining compliance with Delaware’s corporate regulations.

Is My Delaware Franchise Tax the Same As My Annual Registered Agent Fee?

For the first 10,000 shares, you’re dishing out $250. Now, let’s picture your startup as more modest but still substantial, with 1,000,000 shares authorised. It’s buzzing with potential, and you’ve managed to secure some serious backing, meaning you’ve got a ton of shares authorised. Manage your business with a virtual U.S. address, and registered agent. Shut down your US company cleanly, with expert-guided, penalty-free dissolution.