Loading

NEW YORK

Why Form a Limited Liability Company (LLC)?


$49 + State Fee & 1st Year FREE Registered Agent

See Detailed Pricing

Federal, Sales, Self-Employment and New York State Taxes Payable by Your LLC

Business taxes are a fact of life, and your NY LLC will need to pay a variety of taxes to both the federal and New York governments. We’ll cover all the main taxes in New York including self-employment, payroll, federal, New York state tax and New York sales tax.

If you want help with your taxes, Incfile provides a complete Business Tax Filing service.

How Your New York LLC Will Be Taxed

The profits of a New York LLC are not taxed at the business level, like those of C Corporations. Instead, tax for a New York LLC works as follows:

  1. New York LLC owners pay self-employment tax on business profits
  2. New York LLC owners pay NY state tax on any profits, less state allowances or deductions
  3. All LLC owners pay federal income tax on any profits less federal allowances or deductions
  4. Some NY LLCs pay New York sales tax on products
  5. Employers pay payroll tax on any salaries they pay to employees
  6. Employees pay federal, state and payroll tax on their earnings

Items 1, 2 and 3 are taxed as “pass-through” income for any LLC owners, managers or members who receive profits from the business. Any profits are reported on federal and New York tax personal tax returns, and that’s where you will pay those taxes.

New York Sales Tax, State Tax and Other Taxes for Your NY LLC

There are two main types of tax that you will pay to the New York Department of Taxation and Finance: New York state income tax and New York state sales tax.

New York State Tax on Your LLC Earnings

As a New York business owner, you will need to pay NY state tax on any money you pay to yourself. These earnings flow through to your personal tax return, which is where you will pay New York income tax. You will be taxed at the standard rates for New York state taxes, and you will also get to apply regular allowances and deductions.

Any salaried employees will also need to pay personal New York state taxes.

The New York state tax rates are:

New York Single Filer Tax Brackets

Tax Bracket        Tax Rate

$0.00+            4%

$8,500.00+        4.5%

$11,700.00+        5.25%

$13,900.00+        5.9%

$21,400.00+        6.45%

$80,650.00+        6.65%

$215,400.00+        6.85%

$1,077,550.00+    8.82%

Get details on the New York state tax online here.

Your New York LLC and NY Sales Taxes

If you sell physical products or certain types of services, you may need to collect sales tax (also known as sales and use tax) and then pay it to the NY Department of Taxation and Finance. New York sales tax is collected at the point of purchase. New York sales tax rates do vary depending on the region, county or city where you are located.

You will typically need to collect New York sales tax on:

  • Tangible, personal property and goods that you sell like furniture, cars, electronics, appliances, books, raw materials, etc.
  • Certain services that your New York business might provide

Most states do not levy sales tax on goods that are considered necessities, like food, medications, clothing or gas.

Get details on the New York sales tax online here.

New York Sales Tax Rates

Sales tax rates do vary between states, counties and cities. Typically, the state will set a base sales tax rate, then specific counties and cities may levy small additional sales tax amounts on top of that. Here are the sales tax rates for the major cities in New York:

  • New York, NY sales tax rate is 8.875 percent
  • Buffalo, NY sales tax rate is 8.75 percent
  • Rochester, NY sales tax rate is 8 percent
  • Albany, NY sales tax rate is 8 percent

Federal Taxes for Your New York LLC: Self-Employment and Income Taxes

There are a couple different federal taxes that every LLC will need to pay, including New York LLCs. These are self-employment tax and federal income tax, which are taxed as “pass-through” income via your tax return forms.

New York LLC Federal Self-Employment Tax

All New York LLC business members or managers who take profits out of the LLC will need to pay self-employment tax. This tax is also known as FICA, Social Security or Medicare tax. It applies to all the earnings you withdraw from your New York business. The current self-employment tax rate is 15.3 percent.

You will be able to deduct your business expenses from your income when working out how much self-employment tax you owe. Here are some examples of how much self-employment tax you may need to pay, depending on your earnings:

  • On profits of $30,000, you would pay self-employment tax of $4,590
  • On profits of $60,000, you would pay self-employment tax of $9,180
  • On profits of $100,000, you would pay self-employment tax of $15,300
  • On profits of $160,000, you would pay self-employment tax of $24,480

Pay Less Self-Employment Tax by Treating Your New York LLC as an S Corporation

The Internal Revenue Service allows LLCs to ask to be treated as an S Corporation for tax purposes. This can help you reduce the amount of self-employment tax that you pay by declaring some of your income as salary and other income as distributions or withdrawals.

You can do this by making an “S Corporation Tax Election” with the IRS using a form known as Form 2553. We can file your Form 2553 with the IRS on your behalf.

Incfile Form 2553 S Corporation Tax Election for an LLC service

Speak to your accountant for more information on reducing your New York LLC self-employment tax through an S Corporation tax election.

New York LLC Federal Income Tax

You must also pay regular federal income tax on any earnings you take out of your New York LLC. The amount of income tax you pay depends on your earnings, current income tax brackets, deductions and how you file.

You only pay federal income tax on your New York LLC profits that you take out of the business, less certain deductions and allowances. This includes your tax-free amount, plus LLC business expenses and other deductions for areas such as healthcare and some retirement plans. Speak to your accountant for more information.

Employee and Employer Taxes for Your New York LLC

If you pay employees, there are some slightly different tax implications. Speak to your accountant to get clear guidance for your own unique situation.

New York LLC Employer Payroll Tax withholding

All employers must collect and withhold payroll tax from their employees when they receive their salaries. You would normally withhold 7.65 percent of the taxable salary that you pay to your employees.

Employer Federal and State Tax withholding for Your New York LLC

You may also choose to withhold federal and New York state income tax on the wages you pay to employees. Speak to your accountant for more information.

Employees May Need to File Tax Returns

Regardless of whether you withhold federal and New York state income tax, your employees may need to file their own tax returns.

New York LLC Employee Insurance and Other Requirements

You may also need to pay insurance for any employees, like employee compensation insurance or unemployment tax. There will also be other requirements you have for employees.

Get more requirements from the New York Department of Labor website.

Other Taxes and Duties for Your New York LLC

Depending on the industry you are in, your New York LLC may be liable for certain other taxes and duties. For example, if you sell gasoline you may need to pay a tax on any fuel you sell. Likewise, if you import or export goods you may need to pay certain duties. Speak to your accountant about any other taxes you may need to withhold or pay.

Estimated Taxes for Your New York LLC

Most New York LLCs will need to pay estimated taxes throughout the year, depending on the amount of income and profit you expect to make. The most common types of estimated tax are:

  • Federal income tax
  • Federal self-employment tax
  • New York state tax

Most New York LLCs will pay estimated taxes four times a year. Speak to your accountant for more information.

FAQs on New York LLC Business Taxes

Does New York Have Sales Tax?

Yes. New York does have a sales tax, which may vary among cities and counties. You can find more information above.

Does New York Have a State Tax?

Yes. New York does have a general state income tax. You can find more information above.

What Is the Sales Tax Rate in New York?

We have listed common sales tax rates in New York cities above.

Do I Need to Pay Estimated Taxes?

Yes. In most cases you must pay estimated taxes on your New York tax, federal income tax and self-employment tax. Speak to your accountant for more information.

Only $49 + State Fee To Launch Your Business

Clear Pricing. No Contracts. No Surprise.

What are the fees and requirements to form a business in New York?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$205 5 Business Days 1 Business Day

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Report

Frequency: Biennially

Due Date: During anniversary month of organization.

Filing Fee: $9

Important: Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.

(We do not assist in the filing of the Publication Requirement)

Learn more about starting a business in New York

Additional resources, guides, and articles for better decision making.

Select the package that works best for you.

Silver

49

+ $205 (state fee)

The Basics To Get You Started

Prepare & File Articles Of Organization
FREE Registered Agent for !st Year
Lifetime Customer Support

Get Started

MOST POPULAR

GOLD

149

+ $205 (state fee)

Everything from Silver +

EIN / Tax ID Number
Personalized Operating Agreement
Customized LLC Kit

Get Started

BEST VALUE

Platinum

299

+ $205 (state fee)

Everything from Silver & Gold +

Expedited Filing
UPS Delivery
Contracts Library

Get Started

Subscribe now to learn more about LLCs and starting a business