Start a Free LLC in New York

Per the New York Department of State, as of September 2026, New York charges $200 to file the Articles of Organization. After that, the Biennial Statement costs $9 every two years. The New York LLC annual filing fee (Form IT-204-LL) has a minimum of $25 a year. With LLC Register, formation is included in the $99-a-year New York registered agent service, so year one costs $299.

Paper filings take about 7 business days, according to NY Business Express. Online filers get an emailed filing receipt right away. Expedited filing is available for $25 extra (within 24 hours), $75 extra (same day) or $150 extra (within 2 hours). Your LLC exists once the state accepts your filing.

To start an LLC in New York, choose an available name, appoint a New York registered agent, and file the Articles of Organization with the New York Department of State for $200. Then sign an operating agreement, get a free EIN from the IRS, open a business bank account and register for any state taxes. LLC Register files it for you as part of the $99-a-year registered agent service.

Yes. You can file online through the Department of State Online Filing System, or by mail, fax or in person with Form DOS-1336-f. The Articles of Organization costs $200.

In New York you form an LLC by filing the Articles of Organization (Form DOS-1336-f) with the New York Department of State. Other states call this document the articles of organization or the certificate of formation. The filing fee is $200.

Yes. Expedited filing is available for $25 extra (within 24 hours), $75 extra (same day) or $150 extra (within 2 hours). Paper filings take about 7 business days, according to NY Business Express. Online filers get an emailed filing receipt right away.

Use the New York Department of State's free online business name search to check whether your LLC name is available. Your New York LLC name must include "Limited Liability Company", "LLC" or "L.L.C." and be distinguishable from other LLCs, corporations and limited partnerships on file. Some words are restricted or need another state agency's approval.

Your New York LLC name must include "Limited Liability Company", "LLC" or "L.L.C." and be distinguishable from other LLCs, corporations and limited partnerships on file. Some words are restricted or need another state agency's approval. The rules are set by the New York Limited Liability Company Law.

Yes. You can reserve a name for $20; the reservation lasts 60 days and can be extended twice, 60 days each time, for $20 per extension. A reservation is optional; filing the formation document also secures the name.

New York does not require a registered agent. New York makes the Secretary of State every LLC's agent for service of process, so you only give an address where the state will mail legal papers. Naming a separate registered agent with a New York street address is optional.

Yes. A registered agent is optional in New York because the Secretary of State receives legal papers for every LLC and forwards them to the mailing address you list, which can be your own. Your address becomes public record, and someone must be there during business hours to accept legal papers.

Not as your registered agent's address. New York makes the Secretary of State every LLC's agent for service of process, so you only give an address where the state will mail legal papers. Naming a separate registered agent with a New York street address is optional. A PO box can usually serve as a mailing address, but the registered agent needs a physical address in New York.

File the Certificate of Change for Domestic Limited Liability Companies (LLC Law §211-A) with the New York Department of State. The fee is $30.

Serving as your own New York registered agent is free if you qualify. Commercial registered agents charge a yearly fee. LLC Register's New York registered agent service is $99 a year and includes LLC formation and annual report filing.

Yes. New York LLCs must file the Biennial Statement every two years. The state fee is $9.

The Biennial Statement is due every two years, during the calendar month in which your Articles of Organization were filed. Your first one is due in the anniversary month of your filing, two years after the LLC is formed. It is filed with the New York Department of State.

Per the New York Department of State, as of September 2026, the Biennial Statement state fee is $9. It is due every two years, during the calendar month in which your Articles of Organization were filed. LLC Register files it for you at no extra service fee while your registered agent service is active.

New York charges no late fee, but an LLC that misses its Biennial Statement shows as past due in state records, and its Certificate of Status will reflect that, which can hold up business transactions. File as soon as possible to keep your LLC in good standing.

New York has no franchise tax on LLCs taxed as partnerships or disregarded entities. Instead, an LLC with New York source income pays an annual filing fee on Form IT-204-LL of $25 to $4,500, based on its New York source gross income.

By default a New York LLC's profits pass through to its members, who pay New York personal income tax on them. An LLC that elects to be taxed as a corporation pays the corporation franchise tax instead. Federally, a single-member LLC is taxed like a sole proprietorship and a multi-member LLC like a partnership, unless it elects to be taxed as a corporation.

If you sell taxable goods or services, apply for a Sales Tax Certificate of Authority with the Department of Taxation and Finance through New York Business Express at least 20 days before you start selling.

Before you hire, file Form NYS-100 with the New York State Department of Labor to register for unemployment insurance, withholding and wage reporting. You also need an EIN from the IRS before you run payroll.

It depends on your industry and location: New York regulates some professions and activities through state licenses, and many cities and counties require local business licenses. Start with the New York Business Express.

Yes. New York law (LLC Law §417) requires a written operating agreement, adopted before, when or within 90 days after you file the Articles of Organization. You keep it with your records and do not file it with the state. LLC Register includes an operating agreement with every New York LLC it forms.

You need an EIN if your LLC has employees or more than one member, and most banks ask for one to open a business account. A single-member LLC without employees can use the owner's Social Security number for federal taxes, but an EIN keeps it off business paperwork.

Apply for free on the IRS website once the state has approved your LLC; online applicants receive the EIN immediately. Owners without a Social Security number can apply with Form SS-4 by fax or mail.

Yes. You do not have to live in New York or be a U.S. citizen to form a New York LLC. You do need a registered office address in New York. Non-U.S. owners without a Social Security number apply for an EIN with IRS Form SS-4.

Yes. New York allows an LLC with a single owner. By default the IRS taxes a single-member LLC like a sole proprietorship, reported on the owner's personal return.

No. New York's LLC Law has no series LLC provision.

Yes. Licensed professionals can form a PLLC by filing Articles of Organization (Professional Service) under LLC Law Article XII.

Yes. Within 120 days of formation, you must publish a notice of your LLC once a week for six weeks in two newspapers chosen by your county clerk, then file a Certificate of Publication with the Department of State for $50. If you don't, your LLC's authority to do business is suspended. Cost: a $50 state filing fee plus the newspapers' charges, which vary by county.

Order a Certificate of Status from the New York Department of State for $25. Banks, lenders and other states often ask for one as proof your LLC is current with the state.

An LLC formed in another state registers to do business in New York by filing the Application for Authority (Foreign Limited Liability Company) with the New York Department of State. The fee is $250, and the LLC needs a New York registered agent. Foreign LLCs file an Application for Authority for $250 with a Certificate of Existence from their home state, and must meet the same publication requirement within 120 days.

File the Certificate of Amendment for Domestic Limited Liability Companies with the New York Department of State for $60. Amend when you change your LLC's name or other information in the formation document.

File the Articles of Dissolution for Domestic Limited Liability Companies with the New York Department of State for $60. Before you file, wind up the business: pay debts, close tax accounts and distribute what is left to the members.

File a Certificate of Assumed Name with the New York Department of State for $25 before you do business under a name other than your LLC's legal name. A DBA lets your LLC trade under another name without forming a new company.

Yes. An eligible LLC can elect S corporation tax status by filing IRS Form 2553. The election can reduce self-employment tax once profits are high enough to pay yourself a reasonable salary. By default a New York LLC's profits pass through to its members, who pay New York personal income tax on them. An LLC that elects to be taxed as a corporation pays the corporation franchise tax instead.

An LLC separates your personal assets from business debts and lawsuits, keeps pass-through taxation, and needs less paperwork than a corporation. In New York it costs $200 to form and the Biennial Statement is $9 every two years.

A sole proprietorship costs nothing to start, but you are personally liable for the business's debts. A New York LLC costs $200 to form and protects your personal assets, with the same pass-through taxes by default.

Usually not if your business operates in New York. An out-of-state LLC doing business here must also register as a foreign LLC in New York for $250 and keep a New York registered agent, so you pay two states' fees.

No. Formation is included in the $99-a-year New York registered agent service. The state still charges its $200 filing fee, which we pass through at cost.

For $99 a year plus the $200 state fee: New York LLC formation in year one, a New York registered agent, an operating agreement, and filing of your Biennial Statement every year. Renewal is $99 a year. State fees are passed through at cost.

No. FinCEN has exempted companies created in the United States from beneficial ownership information (BOI) reporting. Only foreign companies registered to do business in a U.S. state still have to report.

The New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, handles LLC formations, amendments and annual filings. Its office is at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

Yes, you should. Mixing business and personal money can weaken the liability protection your LLC gives you. Banks usually ask for your filed Articles of Organization, your EIN and your operating agreement.