Quick answer

Quick Answer

To start a New York LLC, you must file Articles of Organization with the New York Department of State and pay a $200 filing fee. The NY Department of State automatically acts as your default registered agent. Crucially, New York requires you to publish a Notice of Formation in two local newspapers for six consecutive weeks, which can cost anywhere from $300 to over $1,500 depending on the county. After publishing, you must file a Certificate of Publication ($50). For ongoing compliance, your LLC must file a Biennial Statement every two years ($9). Pass-through LLC profits are subject to New York's graduated personal income tax ranging from 4% to 10.9%.

New York LLC filing fee

The state filing fee for your Articles of Organization is $200. New York strongly encourages business owners to file online through the Department of State's portal. Online filings are generally processed within a few business days.

Step 1: Choose a name

Your LLC's name must be entirely unique and distinguishable from other business entities registered in New York. State law dictates that the name must include an appropriate LLC designator, such as "Limited Liability Company" or "L.L.C.". You can search the New York Department of State's Corporation and Business Entity Database to check if your desired name is available.

Step 2: Appoint a registered agent

Unlike most states, New York automatically designates the New York Department of State as the default registered agent for all LLCs. You must provide an address where the Department of State can forward service of process and official mail to you. While you can opt to designate a private registered agent with a physical New York address instead, using the Department of State is standard and free.

Step 3: File formation documents

Your business is officially created when you file the Articles of Organization with the New York Department of State. The filing requires your LLC's name, the county in which its principal office is located, and the address where the state should forward mail. The filing fee is $200.

Step 4: Create an operating agreement

Unlike most states, New York law explicitly requires all LLCs to adopt a written operating agreement within 90 days of filing the Articles of Organization. The agreement does not need to be filed with the state, but it must exist and address the LLC's internal governance, ownership percentages, and profit distribution. Furthermore, banks will require a copy to open a business checking account.

Step 5: Get an EIN

An Employer Identification Number (EIN) is a free 9-digit tax ID assigned by the IRS. It functions like a social security number for your business. You will need an EIN to hire employees, open a business bank account, and file federal tax returns. You can apply for an EIN online directly through the IRS website.

Step 6: Fulfill the Publication Requirement

New York has a strict Publication Requirement. Within 120 days of forming your LLC, you must publish a copy of the Articles of Organization (or a notice related to the formation) in two newspapers (one daily, one weekly) designated by the county clerk of the county where your principal office is located. The notice must run for six consecutive weeks. After the run, the newspapers will provide Affidavits of Publication. You must submit these affidavits along with a Certificate of Publication to the Department of State, paying a $50 filing fee. Publishing costs vary drastically: rural counties may cost $300, while Manhattan can exceed $1,500.

Step 7: Register for state taxes if needed

If your LLC sells physical goods, you must register with the New York Department of Taxation and Finance to collect the state's 4% base sales tax, plus local additions (e.g., NYC has a combined 8.875% rate). For income tax, standard LLC profits pass through to your personal return. New York's personal income tax is graduated, ranging from 4% to 10.9%. NYC residents must also pay an additional city income tax of 3.078% to 3.876%.

Step 8: File biennial statements and stay compliant

New York LLCs do not file annual reports. Instead, they must file a Biennial Statement. The statement is due every two years during the anniversary month of your LLC's formation. The filing fee is just $9. Failure to file this statement will result in your LLC being marked "past due" and losing its good standing.

New York LLC Cost

Fee Type Amount
Formation fee $200
Newspaper publication $300 - $1500+
Certificate of Publication $50
Registered agent estimate $0 (NY DOS) - $150 / year
Biennial statement fee $9 (every 2 years)
Franchise tax $0 (None)
WHEN THIS MAY NOT APPLY

If you do not live in New York, do not operate from New York, and do not have a specific New York-related reason for forming there, a New York LLC may not be the best default choice. You may still need to register the LLC as a foreign LLC in the state where you actually operate, which can create duplicate filing fees, registered agent costs, and annual compliance requirements.

New York currently charges $200 to form a domestic LLC. Annual reports are currently $9 biennially. For many purely online businesses, it is usually worth comparing your home state with commonly used business-friendly states such as Wyoming, which charges $100 to form an LLC and has a $60 minimum annual license tax, before choosing New York.

Should you form your LLC in New York?

A New York LLC usually makes sense if you live in New York, operate your business from New York, or have a clear legal or tax reason to use New York. If you live and operate somewhere else, forming in New York may create extra registered agent costs, foreign qualification requirements, and duplicate compliance obligations. New York may appeal to some owners, but compare it with Wyoming, Delaware, Nevada, and your home state in our guide to the best state for an online business LLC. For a comprehensive overview of starting a business, visit our LLC formation hub.

Situation Is a New York LLC usually a good fit?
You live in New York Usually yes
Your business operates in New York Usually yes
You want privacy Depends on state rules
You live in another state Usually only if you have a specific reason
You are a non-US resident Depends on banking, taxes, and compliance needs

New York LLC vs Wyoming LLC

For non-resident business owners, Wyoming is vastly superior to New York. Wyoming does not require newspaper publication, saving you hundreds or thousands of dollars during the formation process. Wyoming also has zero state income tax compared to New York's 4%–10.9% rates. Finally, Wyoming offers strong statutory anonymity, keeping your ownership details off public registries, whereas New York's publication requirement literally prints your LLC information in local newspapers. If you operate a brick-and-mortar business inside New York, you must deal with New York's rules. If you run a purely online business, Wyoming is a far better choice.