CobaltProsper

How to start an LLC in New York

By Brent Chudoba, editor Updated

Forming an LLC in New York costs $200 to file the Articles of Organization with the New York Secretary of State. After that you file a biennial report of $9. New York charges no franchise tax on a standard LLC. New York's real cost is its publication requirement: within 120 days of forming, the LLC must publish notice in two newspapers for six weeks, then file a $50 Certificate of Publication. The newspaper cost is set privately and runs from a few hundred dollars upstate to $2,000+ in New York City. Budget for the annual IT-204-LL fee too.

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

New York LLC costs (reviewed August 29, 2026)
ItemCost
Filing fee (Articles of Organization)$200
Biennial report$9 every 2 years
Franchise or business taxNone
Registered agentNot required (state acts as agent)

Source: New York Secretary of State, fee schedule reviewed August 29, 2026.

What are the steps to form an LLC in New York?

  1. Name your LLC. Pick a name that is available and meets New York naming rules, then check it against the Secretary of State's business database.
  2. Registered agent. New York does not require you to name a private registered agent; the Secretary of State is automatically the agent for service of process. You supply a mailing address for forwarding.
  3. File the Articles of Organization. Submit it to the New York Secretary of State and pay the $200 fee. This is the step that legally creates the LLC.
  4. Get an EIN from the IRS. It is free and takes minutes. Do not pay a service for it. See how to get an EIN free from the IRS.
  5. Calendar your biennial report. New York charges $9 to keep the LLC in good standing. Missing it risks penalties or administrative dissolution.
  6. Open a business bank account. Keep business money separate from personal money so your liability protection holds up.

Does New York have a franchise tax on an LLC?

No. A standard New York LLC (taxed as a partnership or disregarded entity) pays no corporate franchise tax. Instead it owes the annual IT-204-LL filing fee ($25 to $4,500 based on New York-source gross income). Only LLCs that elect corporate tax treatment pay franchise tax.

How is an LLC taxed in New York?

By default, an LLC is a pass-through entity: it pays no income tax itself, and the profits flow to the owners' personal returns. New York has a state individual income tax with a top rate of 10.9% (graduated brackets), so those profits are taxed on your New York return on top of federal tax. Nine graduated brackets from 4% to 10.9%. The top three rates (9.65%, 10.3%, 10.9%) are locked in through tax year 2027; the 10.9% top rate applies to income over $25 million.

An LLC can also elect to be taxed as an S-corp, which changes how owners pay self-employment tax. See LLC vs S-corp vs sole proprietorship and how self-employment tax works.

Sources