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Why Online Businesses Should Form Delaware LLCs

By Matthew Dochnal | Published April 28, 2023

ecommerce business

The world of e-commerce and online businesses has grown exponentially in recent years, with digital nomads and internet entrepreneurs seizing opportunities to make a living online. One crucial decision these entrepreneurs face is selecting the right business structure.

A Delaware Limited Liability Company (LLC) offers numerous benefits for online businesses. This article explores the benefits of a Delaware LLC to help guide your decision.

What Benefits Are There to Online Businesses Forming a Delaware LLC?

Delaware LLCs provide significant benefits to all types of businesses and their owners, including online businesses. Here are the top five benefits of Delaware LLCs for online businesses:

Benefit #1.) Limited Liability Protection

Delaware LLCs provide limited liability protection, shielding business owners’ personal assets from the company’s debts and liabilities. Personal liability protection is especially beneficial for online store owners and e-commerce entrepreneurs who may face risks such as customer disputes, product liability issues, and data breaches.

For example, if an online retailer sells a faulty product that results in a lawsuit, the business owner’s personal assets—such as their home or personal bank accounts—would be protected from any legal claims. Personal liability protection allows online business owners to focus on growth without worrying about losing their hard-earned personal assets.

Benefit #2.) Credibility

Operating under a Delaware LLC can boost your online business’s credibility. Potential customers and partners often consider companies structured as Delaware LLCs to be more established and trustworthy. Increased credibility can lead to more business opportunities and higher-paying clients for internet entrepreneurs.

For instance, a digital marketing agency operating as a Delaware LLC may appear more legitimate and attract larger clients than if it were operating as a sole proprietorship. Delaware LLCs are recognized globally by banks, investors, and businesses worldwide for having solid legal structures and reputations.

Benefit #3.) Tax Advantages

Delaware LLCs offer more tax flexibility than sole proprietorships. Owners of Delaware LLCs can choose to have their businesses taxed as a disregarded entity (similar to a sole proprietorship), a partnership, a C-Corporation, or an S-Corporation. Making a corporate tax election can provide significant advantages for certain types of businesses, such as allowing companies to avoid paying income tax on future profits by rolling forward financial losses.

Online businesses often have fluctuating levels of income and may benefit from the ability to choose the most advantageous tax structure for their circumstances.

Benefit #4.) Easy to Set Up and Maintain

Setting up a Delaware LLC is relatively simple, with minimal requirements to maintain the business entity. Delaware LLCs enable internet entrepreneurs to concentrate on their business rather than deal with complicated legal or administrative tasks. A Delaware registered agent can handle the entire LLC formation process. The only annual requirement for compliance is paying the $300 Delaware Annual Franchise Tax.

Benefit #5.) Easy to Transfer Ownership

As online businesses grow and evolve, it may become necessary to bring in new partners or transfer ownership. Delaware LLCs make this process easy, providing flexibility for entrepreneurs as they scale their operations.

IncNow: How Do I Add a Member to a Delaware LLC?

What Is a Delaware Limited Liability Company (LLC)?

delaware welcome sign, "the first state"A Delaware LLC is a kind of legal business structure that offers limited liability protection to its owners, protecting their personal assets from the company’s liabilities and financial obligations. The owners of an LLC are known as “Members.” A Delaware LLC creates a distinct legal boundary between a business and its owners.

Registering a Delaware LLC requires filing a formation document publicly with the Secretary of State’s office. In Delaware, the only information required to complete this document is the LLC name and details about the company’s Delaware registered agent.

Delaware LLCs are flexible business entities that are used for a variety of purposes, ranging from small-scale consulting businesses to large-scale commercial properties. Businesses utilize Delaware LLCs to protect both tangible assets, such as real estate, and intangible assets like intellectual property and trademarks.

 Why Form an LLC in Delaware?

Certain benefits are distinct to forming an LLC in Delaware, including:

  • Business-friendly legal climate, low fees, fast filing
  • First-rate legal protection for owners and managers
  • Efficient “Court of Chancery” for dispute resolution
  • No residency requirement for global entrepreneurs

Delaware has become a preferred state for LLC formation due to its business-friendly legal atmosphere, affordable fees, and quick filing process. According to the Delaware Division of Corporations, 1.3 million Delaware LLCs were created in 2021 alone. The laws governing LLCs are determined by the state in which they are formed, and Delaware’s business laws are renowned for providing the best protections for managers and owners.

Delaware’s specialized business court, known as the “Court of Chancery,” quickly resolves disputes while upholding the rights of business owners. There is no residency requirement for creating a Delaware LLC, allowing entrepreneurs worldwide to benefit from Delaware’s laws. Additionally, there is no requirement for a Delaware office or even visiting the state to form an LLC.

Operating as a sole proprietor can be straightforward and cost-effective. However, a Delaware LLC provides entrepreneurs with improved protection, credibility, and potential tax benefits. Online businesses should consider forming a Delaware LLC to elevate their businesses.


When deciding where to form your company, consider that Delaware has advantages over your home state that may benefit you. Go