Guides for starting a US company
A practical starting point for understanding formation choices and the work that follows. General information, not legal, tax, or accounting advice.
LLC or C-Corp?
An LLC is a pass-through entity — profits flow to your personal tax return, and it's simpler to run. That makes it a common choice for solo founders, freelancers, and small e-commerce businesses.
A C-Corp is a separate taxable entity that issues shares, which is why it's the standard structure for startups planning to raise venture funding. It supports things an LLC generally can't: multiple classes of stock, employee equity grants, and the 83(b) election.
Why Delaware
Delaware has a dedicated business court (the Court of Chancery), well-established corporate case law, and investors who are used to its terms — which is why most VC-backed startups and a large share of public companies are incorporated there, regardless of where they actually operate.
What to prepare before you file
Filing goes faster when you have these ready:
- A few name options, in case your first choice is taken
- Full legal names and addresses for every owner or shareholder
- A short description of what the business does
- A US mailing address for official mail, if you don't already have one
Your first 30 days
Once you're formed, get your EIN, open a US business bank account, and sign your operating agreement (LLC) or bylaws and initial board consent (C-Corp). If you're issuing founder stock in a C-Corp, the 83(b) election has a strict 30-day filing window with the IRS — don't miss it.
Staying compliant year to year
Most states require an annual report and fee to keep your company in good standing, and Delaware companies owe franchise tax every year regardless of revenue. Keep your registered agent information current — a missed notice can put your company out of good standing without you realizing it.
A useful reminder
These guides provide general information, not legal, tax, or accounting advice. Requirements change and can vary by location and business — when a decision has real consequences, it's worth a conversation with a professional.