WHEN should you incorporate? The answer is actually also tied to WHY you should incorporate. If your idea is just an idea and you’re happy with keeping it that way with no plans for turning it into a business, then there may not be any need to incorporate at all.
Incorporating in Delaware is a popular choice for early stage, accelerated growth tech startups, particularly in the post-bubble era. There are certainly some downsides to incorporating in Delaware, including extra filing fees, the annual Delaware Franchise Tax, registered agent fees, and the additional costs of retaining a Delaware corporate lawyer in the event of a complex legal issue.