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Forming an LLC or Corporation in New York

Filing fees, annual reports, state taxes and the New York rules to know before you form or register a company.

At a glance

LLC filing fee$200 · Articles of Organization (DOS-1336-f)
Corporation filing fee$125
ProcessingNo standard time is published. Expedite: 24-hour $25, same-day $75, 2-hour $150.
Name reservation$20 for 60 days.

Keeping the company active

LLCsBiennial statement, $9, every two years in the month the company was formed. LLCs also pay an annual filing fee to the Tax Department (Form IT-204-LL) from $25, based on New York-source income.
CorporationsBiennial statement, $9, every two years. Corporations also owe at least the fixed-dollar minimum franchise tax, from $25.

State taxes on the company

  • LLC annual filing fee (IT-204-LL): $25 up to $100,000 of New York-source income, rising to $4,500.
  • Corporation franchise tax: fixed-dollar minimum from $25 (receipts up to $100,000); S corporations file CT-3-S by March 15.

Good to know

  • Publication: within 120 days of formation, an LLC must publish a notice once a week for six weeks in two newspapers chosen by the county clerk, then file a Certificate of Publication ($50). Publication costs vary greatly by county.
  • Members must adopt a written operating agreement within 90 days of filing (it is not filed with the state).
  • The New York LLC Transparency Act applies only to LLCs formed under a foreign country’s law and authorized in New York; domestic and other-state LLCs are exempt.

Other filings

Registered agentThe Secretary of State is the default agent for service of process; a separate registered agent with a New York address is optional.
Registering an out-of-state companyForeign LLC application for authority: $250 (foreign corporations $225).
Closing the companyLLC articles of dissolution or corporate certificate of dissolution: $60 (corporations need Tax Department consent).
ReinstatementA corporation dissolved by proclamation for unpaid tax is reinstated through the Tax Department and a $50 filing with the Department of State.

Common questions

How much does it cost to form an LLC in New York?

The state filing fee is $200. No standard time is published. Expedite: 24-hour $25, same-day $75, 2-hour $150.

Does a New York LLC have to file an annual report?

Biennial statement, $9, every two years in the month the company was formed. LLCs also pay an annual filing fee to the Tax Department (Form IT-204-LL) from $25, based on New York-source income.

What state taxes does a New York company pay?

LLC annual filing fee (IT-204-LL): $25 up to $100,000 of New York-source income, rising to $4,500. Corporation franchise tax: fixed-dollar minimum from $25 (receipts up to $100,000); S corporations file CT-3-S by March 15.

How do I reinstate a dissolved New York company?

A corporation dissolved by proclamation for unpaid tax is reinstated through the Tax Department and a $50 filing with the Department of State.

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