Quick Navigation
1New York LLC Formation
To form an LLC in New York, you'll need to file Articles of Organization with the New York Secretary of State.
Formation Details
- Filing Fee: $200
- Processing Time: 7-10 business days
- Official Website: https://dos.ny.gov/corporations
2Annual Report Requirements
New York requires LLCs to file a biennial report to maintain good standing with the state.
Annual Report Details
- Filing Fee: $9
- Due Date: Anniversary month of LLC formation (biennial)
- Frequency: Every 2 years
Comparing deadlines across states? See every state's annual (or biennial) report due date, fee, and late penalty in one place on our annual report deadlines hub.
3Registered Agent Requirements
New York requires all LLCs to maintain a registered agent.
Can You Be Your Own Registered Agent?
Yes, you can serve as your own registered agent in New York.
Requirements: Under NY LLC Law §302, the Secretary of State is the mandatory default agent for service of process for every NY LLC. Naming a separate registered agent is optional; if named, it may be a natural person who is a NY resident or has a NY business address, a domestic or authorized foreign LLC, or a domestic or authorized foreign corporation (not merely a 'registered agent service').
4Foreign LLC Registration
If your LLC was formed in another state but you want to do business in New York, you'll need to register as a foreign LLC.
Foreign LLC Registration
- Registration Fee: $250
- Requirements: Application for Authority, Certificate of Existence from home state, and publication requirement.
5New York LLC Taxes
New York's Article 9-A corporate franchise tax business income base rate is 6.5% (general), or 7.25% for taxpayers with a business income base over $5 million (extended through tax years before 1/1/2027). The 8.85% rate often cited is the New York City general corporation tax, not a state rate. LLCs may also owe the annual filing fee based on NY-source gross income.
Franchise Tax
LLCs pay an annual filing fee ranging from $25 to $4,500 based on NY-source gross income.
6Penalties for Non-Compliance
Late Filing Penalties
No monetary late fee for a missed biennial statement; the LLC's status is marked 'past due' rather than suspended.
Administrative Dissolution Risk
An LLC is not suspended for failing to file the biennial statement (status becomes 'past due'). Suspension of an LLC's authority to do business is the penalty for failing to complete the publication requirement (Certificate of Publication) within 120 days of formation.
Key Considerations for New York LLCs
- Publication requirement: Must publish notice in two newspapers for six consecutive weeks (costs $500-$2,000+ depending on county)
- Very low biennial statement fee of $9
- Annual filing fee based on NY-source gross income
- Publication requirement must be completed within 120 days of formation
Important 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.
New York LLC Compliance Guides
New York LLC Taxes & Fees 2026
Formation cost, state/franchise tax, and the yearly fees a New York LLC owes.
New York LLC Annual Report & Compliance
Deadlines, fees, and filing steps to keep your New York LLC in good standing.
New York Registered Agent Requirements
Who can serve, the physical-address rule, and what a New York agent costs.
Can I Be My Own Registered Agent in New York?
The rules — and trade-offs — for acting as your own New York registered agent.
New York LLC Late Filing Penalties
What you owe — and how to fix it — if you file a New York report late.
New York LLC Reinstatement
Forms, fees, and how long it takes to reinstate a dissolved New York LLC.
New York Foreign LLC Registration
How to register an out-of-state LLC to legally do business in New York.
Official Resources
For the most up-to-date information, always check the official New York Secretary of State website:
https://dos.ny.gov/corporations