If I incorporate in Delaware, do I also have to incorporate in my home state?

You only need to file incorporation papers in one state, so if you decide to incorporate in Delaware you do not also have to “incorporate” in your home state. However, you will have to file papers in your home state that “authorize” or “qualify” your corporation to do business there as a “foreign” corporation. Qualifying to do business in your home state will likely also subject you to other requirements such as filing an annual report and paying a franchise tax and/or other taxes in that state. One of the benefits of incorporating in Delaware is that you will only have to pay a relatively modest annual franchise tax in Delaware if you’re not actually doing any business there. For more information, see our articles Why Delaware Is the Best Jurisdiction for Actors and Creatives, When Do I Need To Qualify To Do Business In New York?, and When Do I Need To Qualify My Company To Do Business In California?