New York LLC Biennial Statement 2026: $9, Due Every 2 Years
Quick Answer
New York does NOT require an LLC annual report. Instead, every New York LLC must file a Biennial Statement — once every two years — with the New York Department of State, Division of Corporations. The fee is $9. It is due during the LLC's anniversary month (the calendar month in which the Articles of Organization were originally filed), every two years. The Biennial Statement simply confirms the address to which the Department of State will forward any legal process (service of process) served on the LLC. An LLC that fails to file its Biennial Statement is marked "past due" and loses its good standing on the Department of State's records. This is a separate, additional obligation from New York's well-known LLC Publication Requirement.
Key Takeaways
- New York has NO annual report — it requires a Biennial Statement (every 2 years)
- Biennial Statement fee: $9, paid to the New York Department of State
- Due during the LLC's anniversary month, every two years (biennial)
- Filed with the NY Department of State, Division of Corporations
- Purpose: confirms the service-of-process address the DOS forwards legal mail to
- Failing to file marks the LLC "past due" and loses good standing
- Completely separate from the New York LLC Publication Requirement
| Item | Cost/Details | Notes |
|---|---|---|
| Biennial Statement — Domestic LLC | $9 | Filed every 2 years during anniversary month |
| Biennial Statement — Foreign LLC | $9 | Same $9 fee, same biennial schedule |
| Frequency | Every 2 years | Biennial — not annual |
| Late Penalty | See DOS | "Past due" status; confirm penalties at dos.ny.gov |
New York Biennial Statement Overview
If you searched for a "New York LLC annual report," here is the most important thing to know up front: New York does not have an LLC annual report. Instead, New York requires every LLC to file a Biennial Statement — a filing made once every two years with the New York Department of State, Division of Corporations. People use "annual report" as a search term out of habit, but the real obligation is biennial.
The Biennial Statement is intentionally simple and inexpensive. The fee is just $9, and the form does one narrow job: it confirms the address to which the Department of State will forward any legal process (service of process) served on your LLC. New York acts as a default agent for service of process on every LLC, so the state needs a current mailing address to forward those documents. That is essentially all the Biennial Statement updates.
Unlike states that treat the periodic report as a detailed business disclosure, New York's Biennial Statement asks for no financial statements, no revenue figures, and no member or manager lists. It is a lightweight confirmation filing — but skipping it still costs your LLC its good standing, so it should not be ignored.
Due Date and Frequency (Biennial)
Due: Anniversary Month, Every 2 Years
Your New York LLC's Biennial Statement is due during its anniversary month — the calendar month in which your Articles of Organization were originally filed with the Department of State — and then again every two years after that. If your LLC was formed in September, your Biennial Statement is due in September every two years.
The key word is biennial — every two years, not every year. This is one of the most affordable and least frequent compliance obligations of any state. There is no annual filing in between; you file once, then wait two years and file again.
The Department of State does not always send a paper reminder, and receipt of a reminder is never a prerequisite for the filing obligation. Because the deadline is two years apart, it is easy to forget — so the safest practice is to set a recurring calendar reminder tied to your formation month. Note the month your LLC was filed, then schedule a reminder for that same month on a two-year cycle.
Biennial Statement Fee: $9
The New York LLC Biennial Statement fee is a flat $9. It is one of the lowest periodic compliance fees in the United States, and the same fee applies regardless of LLC type:
Domestic LLC (formed in New York)
$9 / 2 years
Filed during your anniversary month, every two years, via the NY Department of State.
Foreign LLC (registered in New York)
$9 / 2 years
Same $9 fee, same biennial schedule, filed with the same DOS Division of Corporations.
Spread across two years, the $9 Biennial Statement works out to roughly $4.50 per year — almost nothing compared to states that charge $50, $300, or more annually. The real expense of running a New York LLC is not this filing; it is the one-time Publication Requirement (covered below), which can run from roughly $150 upstate to well over $1,500 in Manhattan.
What Information Is Required
The Biennial Statement is deliberately minimal. Its single purpose is to keep your service-of-process address current. Specifically, the filing confirms or updates:
- The address for service of process: The post office address to which the New York Department of State will forward any legal process (lawsuits, subpoenas, official notices)served on your LLC. Because New York is the statutory agent for service of process on every LLC, this is the address the state uses to mail you anything it receives on your behalf.
That is the core of it. You are not required to submit financial statements, revenue figures, member or manager names, employee counts, or any details about your business operations. If your service-of-process address has not changed since your last filing, you simply confirm it. If it has changed, you update it. The entire form is built around keeping that one address accurate so the state can reliably forward legal documents to you.
Step-by-Step: How to File the Biennial Statement Online
Filing your New York LLC Biennial Statement online takes only a few minutes. Here is the step-by-step process:
- Go to dos.ny.gov/corporations
Navigate to the New York Department of State, Division of Corporations website and locate the Biennial Statement filing service. - Enter your DOS ID number
You will need your LLC's Department of State ID number and the exact name of your LLC to access the online filing. You can look up your DOS ID using the state's entity search if you don't have it handy. - Confirm or update your service-of-process address
Review the address the Department of State has on file for forwarding legal process. Confirm it if it's still correct, or update it if your mailing address has changed. - Pay the $9 fee
Submit payment of the $9 fee by credit or debit card through the online portal. This is the entire cost of the filing. - Save your confirmation
After payment, you will receive confirmation that your Biennial Statement was accepted. Save or print this confirmation as proof of filing, and note the next due date — two years out, in the same anniversary month.
Always confirm the current filing steps and any fee changes directly at dos.ny.gov/corporations, since state portals and processes are periodically updated.
What Happens If You Don't File
New York does not impose the kind of escalating monthly late fees some states use, but failing to file your Biennial Statement still has a real consequence:
Marked "Past Due"
An LLC that misses its Biennial Statement deadline is flagged as "past due" on the Department of State's records. The state continues to recognize the LLC as existing, but the record visibly shows the filing is overdue.
Loss of Good Standing
An LLC that fails to file its Biennial Statement loses its good standing — the Department of State will list it as not in good standing. This can block you from obtaining a Certificate of Good Standing (also called a Certificate of Status), which banks, lenders, landlords, and counterparties frequently require.
The good news is that the fix is simple: file the overdue Biennial Statement and pay the $9 fee to bring your record current. Because penalties and reinstatement procedures can change, always confirm the current consequences and any catch-up requirements at dos.ny.govbefore assuming there is no cost beyond the $9.
Biennial Statement vs. New York's Publication Requirement
New York LLC owners often confuse the Biennial Statement with the state's famous Publication Requirement. They are two entirely separate obligations, and you must satisfy both:
- Biennial Statement — an ongoing $9 filing made every two years to confirm your service-of-process address. This is what this guide covers.
- Publication Requirement — a one-time obligation for newly formed LLCs to publish notice of formation in two newspapers (one daily, one weekly) for six consecutive weeks in the county of the LLC's office, then file a Certificate of Publication. The cost varies dramatically by county — from roughly $150 in some upstate counties to $1,500 or more in Manhattan.
In short: the Biennial Statement is the recurring, cheap, ongoing filing; the Publication Requirement is the expensive, one-time, post-formation filing. The Biennial Statement does not replace the Publication Requirement — it is in addition to it. For the full breakdown of publication costs by county, see New York LLC Publication Requirement 2026.
To keep your New York LLC compliant on every front, also review: New York Registered Agent Requirements 2026 and New York Foreign LLC Registration 2026. For a complete compliance calendar, see our annual report deadlines for every state, or visit the New York LLC hub for every New York filing in one place.
Frequently Asked Questions
Does a New York LLC have to file an annual report?
How much does the New York LLC Biennial Statement cost?
When is the New York LLC Biennial Statement due?
What happens if I don't file the New York Biennial Statement?
Is the Biennial Statement the same as the New York LLC Publication Requirement?
Official Source
For the most up-to-date information, always verify requirements with the official New York Secretary of State website:
https://dos.ny.gov/corporationsImportant Disclaimer
This article is for informational purposes only and does not constitute legal advice. LLC requirements, fees, and deadlines change frequently. Always verify current requirements with your state's Secretary of State office before making business decisions.
Related New York LLC Articles
New York LLC Publication Requirement 2026
The separate, one-time publication obligation — Manhattan costs can hit $1,500+ vs. ~$150 upstate.
New York Registered Agent Requirements 2026
How service of process works in New York and why the Biennial Statement address matters.
New York Foreign LLC Registration 2026
Foreign LLCs in New York file the same $9 Biennial Statement — here's the full registration guide.
New Jersey LLC Annual Report 2026
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