New York LLC Fees and Filing Requirements
Depending on the specifics of your New York business, you’ll be required to pay certain fees and fulfill different filing requirements. Some of these costs are payable to the New York Department of State, while others are due to the federal or New York government. On this page, we’ve summarized the most common requirements and fees.
Note that New York business licenses and permits might need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.
New York LLC Formation Filing and Fees
To create your business in New York, you’ll file an LLC with the NY Department of State and pay an associated LLC formation fee. Every state has different LLC filing fees and filing times. Here is the current information for New York:
||State Filing Time
||Expedited Filing Time
||5 Business Days
||1 Business Day
When you form your NY LLC through Incfile, we automatically forward this fee to the New York Department of State when we file your incorporation paperwork.
Some states allow you to form your LLC more quickly by paying a rush fee. You can compare state filing times and fees here, including expedited fees for New York.
Incorporate your New York LLC through Incfile today
Getting an EIN/Tax ID for Your New York LLC
Every New York LLC should have a unique employer identification number (EIN). These are provided by the Internal Revenue Service, and you use them when filing taxes, opening a business bank account and paying employees. You can get one yourself from the IRS or have Incfile obtain one on your behalf.
Get an EIN for Your New York LLC through Incfile
Application for Authority to Operate Outside New York
If you’re expanding your New York LLC beyond the borders of the state, you will need a Foreign Qualification or Application for Authority to operate in another state. These are typically necessary if you have a physical presence, employees or banking in a different state than New York. Fees and requirements for foreign qualifications depend on each state’s rules. Incfile provides a complete Foreign Qualification service for any state.
Get a Foreign Qualification/Application for Authority through Incfile
Biennial Reporting and Annual Fees for Your New York LLC
Most states need to file an annual (or other periodic) report with their Department of State. When you file your NY LLC biennial report, you may need to pay a fee. Here are the biennial filing requirements for New York:
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)
Incfile can also complete and file your New York biennial report on your behalf.
Incfile’s New York Annual Report Filing Service
New York Business Licenses and Permits
Some NY LLCs will need certain business licenses and permits from federal, state and regional organizations. These permits and licenses will have associated fees that you should pay on a one-off or regular basis.
Permits and licenses vary based on:
- The industry your New York LLC operates in (e.g., restaurants will need health permits)
- The location of your New York LLC (state, county or city) (e.g., a license to conduct business from the city of Buffalo)
- The type of business that you run (e.g., healthcare providers must meet HIPAA requirements)
You can research these permits and licenses yourself, or use Incfile’s Business License Research Package, which includes:
- A complete report on all the licenses, permits and tax registrations your New York LLC will need
- The application forms you will need to file with the New York, regional and federal licensing authorities
Remember that operating your business without the required licenses can expose you to risks and fines from federal, New York and local governments.
Incfile’s New York Business License Research Package
New York LLC Publication Requirements
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, an 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.
Create an Operating Agreement for Your New York LLC
An Operating Agreement is a business document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas.
Your New York State LLC must legally have an Operating Agreement. If you’re interested in having your Operating Agreement created for you, Incfile can draft a general Operating Agreement template when you choose to form your New York business. You can choose to make changes to the template based on your unique requirements.
Learn more about Operating Agreements.
Ad Hoc New York Fees or Requirements for Your NY LLC
There are several other fees or requirements that you may need to meet during the life of your New York LLC. These ad hoc fees will only be payable in specific circumstances, which we’ve listed below.
To Obtain a Fictitious/DBA Name for Your New York LLC
If you want your NY business to trade under a different name, you can file a form with the New York Department of State. You will need to pay a New York filing fee. Incfile can file this form on your behalf.
Incfile’s New York Fictitious Name service
To Change the New York Registered Agent for Your NY LLC
Your New York LLC needs a Registered Agent. You need to appoint one when you first incorporate your LLC. You can also switch to a new NY Registered Agent later. Incfile provides a complete New York Registered Agent service.
Incfile’s New York Registered Agent service
To Reserve a Name for Your New York LLC
If you don’t want to form your NY business right away, you can reserve a name with the New York Department of State. You will need to pay a small fee to do this.
To Amend Certain Facts About Your New York LLC
Your business formation documents state certain facts about your New York business when it was originally formed. Over time, these facts might change — if they do, you need to file “Articles of Amendment” with the New York Department of State. You can do this yourself, or have Incfile complete the filing on your behalf.
Areas you might want to file New York Articles of Amendment for include:
- Adding, removing or changing a New York LLC member or manager
- Changing the business address of your LLC
- Altering the stated business activities of your New York LLC
Incfile’s New York Articles of Amendment Service
To Get a Certificate of Good Standing for Your New York LLC
Some organizations will request that you prove your New York LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you will need a Certificate of Good Standing from the New York Department of State. Incfile can obtain a certificate on your behalf.
Incfile’s New York Certificate of Good Standing Service
The fees listed above detail all the charges that a standard NY LLC will be required to pay. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.
Of course, your New York LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes, but we will cover that when we talk about taxes for NY LLCs.
FAQs About New York LLC Fees
What Happens to the State Fees That I Am Charged When Forming My New York LLC?
We charge you for this fee at cost and then pay the fee to the Department of State on your behalf when forming your New York business.
Do I Need to Pay an Annual Report Fee Every Year?
Usually, yes. Most states require you file a report for your LLC every year. Some states require filing biennially (every other year), though a handful don’t require annual reports. You can find out more on the compliance page for your state.
Who Will I Need to Get Business Licenses and Permits From for My New York LLC?
It depends on various factors, including:
- The type of business you run
- Where you are located
- Governing organizations in your industry
- Federal, state and local regulations
That’s why our business license research package is so useful. It explores all of these areas for you and provides a comprehensive overview of exactly what your New York LLC needs to be compliant.