Starting a Business in Delaware: 13-Step Guide

The First State may be small, but it’s a giant in business terms. Business-friendly tax and legal policies have prompted entrepreneurs from across the US to make Delaware, which consistently ranks in the top 10 states for doing business, their base of operations.

In fact, Delaware is now home to more businesses than residents, and more than two-thirds of the Fortune 500 are registered in the state.((https://www.delawareinc.com/blog/interesting-facts-about-delaware/)) Delaware boasts no sales tax, making it a great place to start a retail business, and with the US’ fastest internet it’s also a great place for a tech start-up.((https://www.washingtonpost.com/opinions/best-state-in-america-delaware-for-its-fast-internet/2015/03/06/fb4f5812-c355-11e4-ad5c-3b8ce89f1b89_story.html)) 

If you’re considering launching a new business in Delaware, you’ve come to the right place. This step-by-step guide provides all the information you need to begin your entrepreneurial journey.

Delaware Business Profile Overview

• Number of Small Businesses – As of 2021, there were 88,051 small businesses in Delaware((https://cdn.advocacy.sba.gov/wp-content/uploads/2021/08/30141325/Small-Business-Economic-Profile-DE.pdf)).
• Number of Small Business Employees – Small businesses in Delaware employed 190,042 workers.
• Economy Growth Rate – The Delaware economic growth rate from 2020 to 2021((https://www.statista.com/statistics/1036174/delaware-real-gdp-growth/)) in terms of real GDP was 3.4%
• Median Income – The median income for individuals self-employed at their own incorporated businesses was $49,881 in 2018((https://cdn.advocacy.sba.gov/wp-content/uploads/2020/06/04143009/2020-Small-Business-Economic-Profile-DE.pdf)). For individuals self-employed at their own unincorporated firms, this figure was $21,908.

Biggest Industries in Delaware

By 2022 revenue((https://www.ibisworld.com/united-states/economic-profiles/delaware/))

• Credit Card Issuing -$13.7b
• Commercial Banking – $12.4b
• Drug, Cosmetic & Toiletry Wholesaling – $10.1b
• Hospitals – $5.4b
• Meat, Beef & Poultry Processing – $4.1b

Step 1: Choose a Business Idea to Start in Delaware

The crucial first question is, what sort of business would you like to run? You may have several ideas in your head, or maybe you haven’t gotten that far. Either way, it’s wise to look closely at the state itself and at your own abilities to best determine which areas might offer the most opportunity. 

To develop a business idea, you could:

1. Look for market gaps or problems that need solving. Maybe your neighborhood lacks a good cafe, or the state’s farm industry needs modernization.  
2. Follow your passion. What do you love? What are you great at? 
3. Look at what’s trending in Delaware and which industries are key to its economy. Agriculture, fisheries and manufacturing are the state’s leading industries, while tech and logistics are emerging fast. You might also start a business that caters to the state’s vast corporate presence, such as an accounting firm or lunch spot.

Once you have a few ideas in mind, do some homework to decide if your ideas are feasible. Here are some things to consider when choosing a business idea:

• Capital requirements – How much will you need? Do you have access to funds?
• Time requirements – How long will it take for you to start selling?
• Industry trends –  Is the industry growing or shrinking? 
• Profit potential – How much money can you realistically make?
• Lifestyle factors – Running a business is hard work. Are you ready?

Step 2: Hone Your Idea

Once you’ve chosen a business idea, get more specific in your evaluation of the opportunity. Consider the why, what, how, and who.

Why? Identify an Opportunity

First, consider the viability of the business idea you have in mind. Here are three questions to consider:

• Is there an opportunity in the market?
• Will your idea provide value to customers? 
• Will people want to buy it? 

Starting a business requires investment, so it’s unwise to just assume profitability. Make it a point to conduct research and ask people you know and trust what they think of your idea.

What? Determine Your Products or Services

The next thing to do is define your offerings. Ask yourself:

• Which products or services will I sell?
• How will I offer them: website, physical store/office, or both? 

You may consider offering related products or services to increase purchase sizes and boost overall value for customers. This step is going to define how your business will look to customers and why they will buy, so take your time and be sure. 

How Much Should You Charge? 

Before determining your price list, get to know your competitors. Visit the shops and websites of companies that offer similar products or services. See what they’re selling and at what prices and use this to inform your decisions. 

If you have a direct competitor, it’s a good idea to choose a competitive price point. Run the numbers to find your break-even price, then determine your mark-up and final price point.   

You’ll also need to consider how to position your product. Are you going to offer a lower-priced alternative, a la Walmart, or are you going to position your business as more high-end, like a Pottery Barn or Restoration Hardware? 

Once you’ve locked on a pricing system that works for you, you’ll need to test it to see if this is attractive to your target market.

Who? Identify Your Target Market

Knowing your target market is crucial to successful sales and marketing. This is where customer profiling comes in handy.

The first thing to do is figure out whether you’re selling to consumers or businesses. If you choose consumers, determine which people are most likely to buy, by looking at:

• Demographics – Age, gender, income, location
• Psychographics – Attitudes, values, interests, tastes

Knowing your customers will allow you to shape your messaging and know where to place your marketing. For example, based on who your customers are and what they like, are they more likely to be on Facebook or TikTok?

If you are selling to businesses, first determine what kinds of firms will be interested in what you’re offering. Next, figure out the relevant decision-maker within these companies — it may be a VP, IT manager, or head of sales — and adjust your marketing accordingly.

Step 3: Choose a Business Name

Your business name is your business identity, so choose one that encapsulates your objectives, services, and mission in just a few words. You probably want a name that’s short and easy to remember. 

Here are some ideas for brainstorming your Delaware business name:

• Short, unique, and catchy names tend to stand out
• Names that are easy to say and spell tend to do better 
• The name should be relevant to your product or service offerings
• Ask around — family, friends, colleagues, social media — for suggestions
• Including keywords in the name, such as “meats” for a butcher, boosts SEO
• Choose a name that allows for expansion: “Jim’s Bakery” over “Jim’s Cookies”
• Avoid location-based names that might hinder future expansion
• Use online tools like the Step by Step business name generator

Once you have a few potential names, check the Delaware state website to confirm they’re available to register. You should also confirm that the name you want to register conforms to Delaware state regulations on business names. 

It’s also a good idea to check for nationally trademarked names, to ward off any potential problems later if your business expands, and check the availability of related domain names using Domain Name Checker tool. Using “.com” or “.org” sharply increases credibility, so it’s best to focus on these. 

Once you’ve found a name that clears these hurdles, go ahead and register using the state’s Name Reservation Request form. Also, each of Delaware’s three counties, Sussex, Kent, and New Castle, use the same trade name registration form, which must be notarized. Download it here, then send it to the County Clerk by mail or in person along with the $25 fee.

Step 4: Create a Business Plan

Drawing up a business plan may seem like a daunting task, but it’s an essential step in creating a successful business. The plan will function as a trail map to guide your startup through the launch process and maintain focus on your key goals. A business plan also enables potential partners and investors to better understand your company and its vision.

• Executive Summary: Brief overview of the entire business plan; should be written after the plan is complete.
• Business Overview: Overview of the company, vision, mission, ownership, and corporate goals.
• Product and Services: Describe your offerings in detail.
• Market Analysis: Assess market trends such as variations in demand and prospects for growth, and do a SWOT analysis.
• Competitive Analysis: Analyze main competitors, assessing their strengths and weaknesses, and create a list of the advantages of your services.
• Sales and Marketing: Examine your companies’ unique selling propositions (USPs) and develop sales, marketing, and promotional strategies.
• Management Team: Overview of the management team, detailing their roles and professional background, along with a corporate hierarchy.
• Operations Plan: Your company’s operational plan includes procurement, office location, key assets and equipment, and other logistical details.
• Financial Plan: Three years of financial planning, including startup costs, break-even analysis, profit and loss estimates, cash flow, and balance sheet.
• Appendix: Include any additional financial or business-related documents.

If you’ve never created a business plan yourself before, it can be an intimidating task. Consider hiring an experienced business plan writer to create a professional business plan for you.

Step 5: Register Your Business with the Delaware Division of Corporations

Choosing your business location is an important decision because it can affect your taxes, legal requirements, and revenue. But you’ve already decided to launch your business in Delaware, so we can check that box. 

Choose your business structure

Businesses come in several varieties, each with its pros and cons. The legal structure you choose for your business shapes your taxes, personal liability, and business registration requirements, so it’s important to choose wisely. 

The most popular business entity types are outlined below.

Sole Proprietorship

Sole proprietorship is the most simple and straightforward structure, and therefore the most common for small businesses. It is an unincorporated business, with no legal distinction made between the business and the owner. As a sole proprietor, all income goes to you, but you are also liable for any debts, losses, or liabilities incurred by the business. 

If you opt to form a sole proprietorship you can simply register your business with the Delaware government without the need to form a separate legal entity. Do that by visiting Delaware government’s One Stop website and following the steps. 

General Partnership

General partnership is similar to sole proprietorship, but with two or more people forming the company. Again, they keep the pre-tax profits but are jointly liable for any losses or liabilities. In a general partnership, each partner is known as a general partner and has unlimited liability. 

General partnerships formed in Delaware are not required to file an annual report, but are required to pay an annual $300 tax no later than June 1st each year.

Limited Liability Partnership (LLP)

This business structure is popular with lawyers, accountants, and architects. It is more formal than a general partnership and allows each partner to limit their liabilities and share management responsibilities according to an agreement between the partners. This can be a good choice when one or more partners want to invest in the business but have little or no management responsibility. 

All forms associated with LLPs can be accessed on the Delaware Division of Corporations website. There is a filing fee of $200 per partner. 

Corporation

The next step up is a corporation, in which the company is a separate legal entity from its owners. In this structure, the owners are not personally liable for losses, but take their profits through shareholder dividends.

All forms associated with corporations can again be found on Delaware’s Division of Corporations website. The minimum filing fee is $89. 

Limited Liability Company (LLC)

A limited liability company (LLC) combines characteristics of corporations with those of sole proprietorships. As the name suggests, the owners are not personally responsible for liabilities or debts. As an LLC, you’ll need to choose whether you want to be taxed as an LLC or as an S Corp. 

The regulations for LLCs vary from state to state. Although they are more straightforward to set up than a corporation, Certificate of Formation must be filed with the state for the LLC to become a legal entity.

Forms associated with LLC’s can be found on the Delaware Division of Corporations website. The filing fee is $90. 

You will also need to appoint a Delaware registered agent. Your registered agent will be responsible for receiving paperwork from the state. 

An easy and quick way to form an LLC in Delaware is to use ZenBusiness’s online LLC formation service.

Nonprofit

Finally, you may be interested in a nonprofit if your business idea has a social purpose. A non-profit organization is a legal entity organized and operated for a public or social benefit, as opposed to a business formed to generate a profit for its owners.

You will also need to appoint a registered agent, also known as an agent for the service of the process. Your Delaware registered agent will be responsible for receiving all of the official paperwork sent from the state.

The forms for filing a non-profit corporation in Delaware can be found here. 

Step 6: Register for Taxes

The final step before you’re able to pay taxes is getting a Delaware Employer Identification Number or EIN. You can file for your EIN online or by mail or fax: visit the IRS website to learn more. Keep in mind, if you’ve chosen to be a sole proprietorship you can simply use your social security number as your EIN. 

Once you have your EIN, you’ll need to choose your tax year. Financially speaking, your business operations will occur over the period of a calendar year (January–December) or a fiscal year, a 12-month period that can start in any month. This will determine your tax cycle, while your business structure will determine which taxes you’ll pay.

It is important to consult an accountant or other professional to help you with your taxes to ensure you are completing them correctly.

In Delaware, taxes are collected by the Division of Revenue, so it’s a good idea to take a look at their website. If you have employees, you will need to withhold tax from their salary packages and pay it directly to the Division of Revenue annually. A full guide on how to do this is available on the state website. 

There is no sales tax in Delaware, but the state levels alcohol and tobacco taxes and offers a range of tax relief options. More details can be found here. 

Step 7: Fund Your Business

After creating your business plan, you should know how much money you’ll need to launch your business. Securing financing is your next step and there are plenty of ways to raise capital:

• Bank loans: This is the most common method, but getting approved requires a rock-solid business plan and strong credit history.
• SBA-guaranteed loans: The Small Business Administration can act as guarantor, helping gain that elusive bank approval via an SBA-guaranteed loan.
• Government grants: A handful of financial assistance programs help fund entrepreneurs. Visit Grants.gov to learn which might work for you.
• Venture capital: Offer potential investors an ownership stake in exchange for funds, keeping in mind that you would be sacrificing some control over your business.
• Crowdfunding: Websites like Kickstarter and Indiegogo offer an increasingly popular low-risk option, in which donors fund your vision. Entrepreneurial crowdfunding sites like Fundable and WeFunder enable multiple investors to fund your business.
• Personal: Self-fund your business via your savings, the sale of property or other assets, and support from family and friends.

Step 8: Apply for Delaware Business Licenses/Permits

You may need to obtain certain business licenses and permits to comply with Delaware law. These can vary based on the town or city where your business is located. If you’re selling tangible goods in Delaware, you’ll need a seller’s permit.

To run a business in Delaware you will need a General Business License, which you can obtain from Delaware’s Division of Revenue. This can be done via the Delaware Business One Stop Online system, which streamlines the process. Some industries require additional licenses to run a business. To check whether yours does, consult the list of licenses and registrations, which is ordered by industry.

To find out whether you need federal licenses or certificates, you can check with the U.S. Small Business Administration.  And don’t forget to contact your county and city or town, which may require business licenses and permits of their own. 

If you feel overwhelmed by this step or don’t know how to begin, it might be a good idea to hire a professional to help you check all the legal boxes.

For peace of mind and to save time, we recommend using MyCorporation’s Business License Compliance Package. They will research the exact forms you need for your business and state, and provide them to you to make sure you’re fully compliant.

More resources:

• How to Get a Resale Certificate in Delaware

Step 9: Open a Business Bank Account

Before you launch your business you’ll need somewhere to put the money you make, and that requires opening a bank account.

Keeping your business finances separate from your personal account makes it easy to file taxes and track your company’s income, so it’s worth doing even if you run your business as a sole proprietorship. Opening a business bank account is quite simple, and similar to opening a personal one. Most major banks offer business account options, just inquire at your preferred bank to learn about rates and features.

Banks vary in terms of offerings, so it’s a good idea to consider your options to choose the best plan that works for you. Once you choose your bank, you’ll need to bring your EIN (or Social Security Number if you decide on a sole proprietorship), articles of incorporation, and any other legal documentation that proves your business is registered.

Step 10: Get Insurance

Business insurance is an area that often gets overlooked yet it can be vital to your success. Insurance protects you from unexpected events that can have a devastating impact on your business.

Here are some of the different types of insurance to consider:

• General liability: The most comprehensive type of insurance, acting as a catch-all for many business elements that require coverage. If you get just one kind of insurance, this is it. It even protects against bodily injury and property damage.
• Business Property: Provides coverage for your equipment and supplies.
• Equipment Breakdown Insurance: Covers the cost of replacing or repairing equipment that has broken due to mechanical issues.
• Worker’s compensation: Provides compensation to employees injured on the job.
• Property: Covers your physical space, whether it is a cart, storefront, or office.
• Commercial auto: Protection for your company-owned vehicle.
• Professional liability: Protects against claims from a client who says they suffered a loss due to an error or omission in your work.
• Business owner’s policy (BOP): This is an insurance plan that acts as an all-in-one insurance policy, a combination of any of the above insurance types.

Step 11: Prepare to Launch

As opening day nears, prepare for launch by reviewing and improving some key elements of your business. 

Essential software and tools

New businesses need to have the right tools and industry-specific software in place to help them manage their operations effectively.

One of the most important tools for a new business is an inventory management system, which allows them to track their inventory levels, monitor sales, and reorder products when necessary.

Another essential tool is a customer relationship management (CRM) system, which helps businesses manage their interactions with customers and prospects, and track sales leads.

Other useful software for new businesses might include payroll software, project management tools, and marketing automation software. By investing in the right tools and software, new businesses can streamline their operations, save time and money, and ultimately increase their chances of success.

Accounting

• Popular web-based accounting programs for smaller businesses include Quickbooks, Freshbooks, and Xero. 
• If you are unfamiliar with basic accounting, you may want to hire a professional, especially as you begin. The consequences for filing incorrect tax documents can be harsh, so accuracy is crucial. 

Develop your website 

Website development is crucial because your site is your online presence and needs to convince prospective clients of your expertise and professionalism.

You can create your own website using services like WordPress, Wix, or Squarespace. This route is very affordable, but figuring out how to build a website can be time-consuming. If you lack tech-savvy, you can hire a web designer or developer to create a custom website for your business.

They are unlikely to find your website, however, unless you follow Search Engine Optimization (SEO) practices. These are steps that help pages rank higher in the results of top search engines like Google.

Online Marketing

Online marketing is crucial for new businesses as it provides a cost-effective way to reach a wider audience and build brand awareness. With a well-planned online marketing strategy, new businesses can establish their presence, attract potential customers, and compete with established players in their industry.

Here are some powerful digital marketing strategies for small businesses:

• Social media is a great tool for promoting your business because you can create engaging posts that advertise your products:
  • Facebook: Great platform for paid advertising, allows you to target specific demographics, like men under age 50 in the Dover area. 
  • Instagram: Same benefits as Facebook but with different target audiences. It’s a very good platform for creative businesses. 
  • TikTok: This social media platform has over 1 billion monthly active users and it is used primarily by a younger demographic.
  • LinkedIn: the most effective place for B2B marketers.
• Google and Yelp: For businesses that rely on local clientele, getting listed on Yelp and Google My Business can be crucial to generating awareness and customers.
• Email marketing/newsletter – Send regular emails to customers and prospects. Make them personal. 
• Start a blog – Start a blog and post regularly. Change up your content and share on multiple sites.
• Paid ads on social media – Choose sites that will reach your target market and do targeted ads.
• Pay–per-click marketing – Use Google AdWords to perform better in searches. Research your keywords first.
• Influencer marketing – Pay people with large social media followings to promote your product/service. You can find micro-influencers with smaller followings and lower rates.
• Make a podcast – This allows you to make a personal connection with your customers.
• Offer a free download – Offer something of value to download from your website to capture emails.
• Create infographics – Post infographics and include them in your content.
• Post a video – Post a video about your product/service. Use humor and maybe it will go viral!
• Do a webinar – Share your expertise online with a video seminar.

Take advantage of your website, social media presence and real-life activities to increase awareness of your offerings and build your brand. 

Traditional Marketing

Traditional marketing is any form of marketing that uses offline media to reach an audience. Some options include:

• Competitions and giveaways – Generate interest by offering prizes for customers who complete a certain action.
• Signage – Put up eye-catching signage at your store and website.
• Flyering – Distribute flyers in your neighborhood and at industry events.
• In-Person Sales – Offer your product at local markets, trade shows.
• Cold calling – Close more sales with less stress.
• Sponsor events – You can pay to be a sponsor at events that are relevant to your target market.
• Limited edition – Offer a one-time version of your product of service.
• Seek out referrals – Offer incentives to generate customer referrals to new clients. 
• Press releases – Do press releases about new products, sales, etc.
• Billboards – Repeat exposure to a business message.
• Testimonials – Share customer testimonials about how your product or service has helped them.

Step 12: Build Your Team

As your business grows, you will likely need workers to fill various roles and positions. But before you begin the hiring process, you should first consider the essential positions for your line of work. 

What levels of management and employees will you have? What is your pay scale? Costs are always an issue for a startup, but you need to make sure that you pay enough to hire people with the right skills and experience.

It’s a good idea to create a hiring plan. First, determine which hires you’ll need to launch, then the future hires you’ll need as the business gets going. Be cautious and selective when hiring people for any role.

In Delaware, when hiring employees you need to do three things: 

1. Register as an employer with the Delaware Division of Unemployment Insurance.
2. Register with the Delaware Division of Workers’ Compensation.
3. Register a withholding account with the Division of Revenue.

You can do all of these things on One Stop.

Free-of-charge methods to recruit employees include publishing a job ad on LinkedIn, Facebook or Jobs.com. You might also use a premium recruitment option, such as advertising on Indeed, Glassdoor, or ZipRecruiter. Finally, you could hire a recruitment agency to help you find talent.

Step 13: Start Making Money

With everything in place, you’re now ready to throw open the doors on opening day! When you do, you’ll want some customers coming in. Here’s how to find them.

Focus on Your USPs

Make sure to highlight the unique selling propositions, or USPs, of your products and services. Customers may already want your offerings, so your job is to convince them to pick you over your competitors.

Here are some good selling points that you can capitalize on:

• High-quality materials 
• Top value items, competitively priced
• Easy to use 
• Convenient and time-saving 
• Ideal for your target market

Understand Your Sales Channels

Make sure that you are selling through the right channels. You know your target customers by now – where and how are they most likely to buy? Do they buy online or in stores? 

If you don’t have a store, you can find partner stores where your products can be sold. You can sell both online and directly but focus your efforts on the channel that matches your target market’s buying behavior.

If you’re selling to businesses, your sales channels may be online or they may involve direct sales calls. Again, understand the buying behavior of the decision-maker within the business.

Grow with Marketing

Help clients find you more easily by placing your marketing where they are likely to find it. With the right marketing strategies in place, a business can reach new audiences, build brand awareness, and ultimately grow its customer base and revenue.

Effective marketing can help businesses differentiate themselves from competitors, establish a strong online presence, and engage with customers through various channels such as social media, email marketing, and advertising.

By investing in the right marketing tactics and continually analyzing and optimizing their efforts, businesses can position themselves for long-term growth and success.

You’re now ready to begin your entrepreneurial journey in Delaware, though you might want to bookmark this page, just in case.

FAQs

How much does it cost to start a business in Delaware?

The cost of starting your business in Delaware will vary considerably, depending on what structure you opt for, and what sort of business you choose to run. A Sole Proprietorship requires only the $25 fee to register your trade name to become legal, and if running a business from home can be started for as little as a few hundred dollars or less.

At the other end of the scale, a LLC costs $90 to register and may require thousands of dollars of investment in equipment and premises.

Is Delaware a good place to start a business?

Delaware’s legal system, law courts, and low tax rates provide a business-friendly environment that has attracted many large corporations from across America. With over a million entities registered to Delaware and only 900,000 residents, there are more businesses than there are people who call Delaware ‘home’.

In addition, the Government of Delaware is keen to retain their reputation as business friendly, keeping statutes at the cutting edge of business law.

What type of business is needed in Delaware?

The state is keen to help small business owners and entrepreneurs set up in Delaware and make a success of their new business. To that end, there are some 300 programs on offer from more than 100 organizations, including the state government and nonprofits, to help aspiring business owners such as yourself. The Division of Small Business can help you find the right one for you.