A Delaware LLC has obligations at two levels: with the State of Delaware (Annual Report and Franchise Tax) and with the federal IRS (tax filings). Understanding both is key to keeping your business in compliance.
Obligations with the State of Delaware
Annual Report + Franchise Tax
Every year, before June 1st, your LLC must file the Annual Report and pay the Franchise Tax (fixed fee of $300). The Annual Report confirms your business’s basic information. Both requirements go together and share the same deadline.
Obligations with the IRS (Federal)
Form 5472 + Form 1120 (Single-member LLC with foreign owner)
If your LLC has a single member who is a non-resident (foreign national), the IRS requires filing Form 5472 along with a Form 1120 pro forma, reporting transactions between you and your business. This is mandatory even if you had no profits.
Form 1065 (Multi-member LLC)
If your LLC has multiple members, it typically must file Form 1065 (Partnership return) with the IRS.
FBAR
If your LLC has U.S. bank accounts with more than $10,000 at any point during the year, there may be a requirement to report them (FBAR).
How does Aiden help?
Aiden alerts you to the Annual Report and Franchise Tax deadlines, and on the PRO LLC plan manages these Delaware filings for you. For IRS obligations (Form 5472, 1065, etc.), we recommend working with a tax advisor specializing in U.S. tax law, as these are technical filings with significant penalties for errors.
