Key Takeaways

  • New York requires a $200 filing fee for Articles of Organization and a separate $50 Certificate of Publication fee.
  • All NY LLCs must comply with the state’s publication requirement, which can cost hundreds to thousands of dollars depending on the county.
  • Annual filing fees range from $25 to $4,500 based on gross income in New York.
  • Additional costs may include biennial reports, registered agent fees, and operating agreement preparation.
  • Some counties like NYC (e.g., Kings or New York County) have significantly higher publication costs than upstate counties.
  • An EIN from the IRS is mandatory if the LLC has more than one member.
  • You can find experienced business formation attorneys on UpCounsel to help you meet these requirements efficiently.

NY state LLC filing fee refers to the fee a business is required to pay if it wishes to start a limited liability company (LLC) in New York. Besides paying the fee, it must also complete all the procedures required for the formation of an LLC.

What is an LLC?

Before you decide to start an LLC in New York, you need to know what an LLC is and whether it is a suitable legal structure for your business. An LLC is a flexible business entity that gives its members personal liability protection. Its members can be individuals, other LLCs, corporations, or foreign entities. One benefit of an LLC is that it can have any number of members it wishes. It is considered a hybrid business entity because it combines the elements of a limited liability partnership and a corporation.

How to Start an LLC in New York

In order to form an LLC in New York, you are required to register with the Department of State. The registration process includes:

Choosing a Business Name

You are allowed to use any name you wish as long as it is available and ends with the words “Limited Liability Company” or its variant or abbreviation. You can find out if the name you chose for your LLC is available and meets state requirements by submitting a Name Availability Inquiry to the Department of State.

Appointing a Registered Agent

In New York, the Department of State will act as the registered agent for your company by default. Since the state provides limited services, you can appoint another agent to handle service-of-process documents.

Obtaining All the Necessary Tax Licenses and Permits

Different locations may require different licenses and permits. You need to check with the County Clerk or other local business offices to find out more.

Apply for an Employer Identification Number (EIN)

If your LLC has two or more members, you are required to apply for an EIN with the IRS for tax purposes.

Requirements for Forming an LLC

Starting an LLC in New York is easy and affordable. Similar to other states, New York requires entrepreneurs who wish to start an LLC to meet certain requirements, which include:

  1. Registration – File the Articles of Organization, or Form DOS-1336 with the Department of State.
  2. Publication – Publish a notice regarding the establishment of your LLC or a copy of the Articles of Organization you submitted to the Department of State.
  3. Forms – After the notice is published, you must submit your Articles of Organization and Certificate of Publication to the state.
  4. Fees – Pay a fee of $200 for the Articles of Organization and $50 for the Certificate of Publication. The fees are subject to change. You can contact the Department of State to find out about the most current fees.
  5. Timeline – Meeting the requirements for LLC formation usually takes six to seven weeks in New York.
  6. Formation requirements – If your LLC has two or more members, it must create a limited liability operating agreement.

Business Fees in New York

In New York, both single-member LLCs and multi-member LLCs are typically required to pay an annual filing fee. The amount of filing fee you are required to pay depends on the gross income of your LLC that comes from New York in the previous tax year. The fee can vary from $25 to $4,500. You must pay the fee to the New York Department of Taxation and Finance by filing Form IT-204-LL within 60 days following the end of your LLC's tax year.

Breakdown of the LLC Filing and Formation Costs in New York

To fully understand how much is the filing fee for LLC 1, it's important to look beyond the $200 Articles of Organization fee. Here's a detailed overview of the costs involved:

Initial Filing Costs

  • Articles of Organization (Form DOS-1336): $200 filing fee to the Department of State.
  • Certificate of Publication: $50 filing fee plus publication costs.

Publication Requirement Costs

New York is one of the few states that requires newly formed LLCs to publish a notice of formation:

  • Required Publications: Two newspapers designated by the county clerk—one daily and one weekly—for six consecutive weeks.
  • Cost Variation by County:
    • Upstate counties: Often less than $300 total.
    • New York City counties (e.g., Manhattan): Can exceed $1,500 due to higher newspaper ad rates.

Tip: To save money, some businesses form their LLC in an upstate county and then change their principal office later.

Annual Filing Fee

The IT-204-LL form must be submitted annually:

  • Fee Range: $25 to $4,500
  • Based On: Gross income sourced from New York State in the prior tax year.

Requirements after Forming Your LLC

There are also a number of requirements you need to meet after your LLC is formed, including:

  • Biennial report – All LLCs in New York are required to submit a biennial report to the New York Secretary of State. Along with the report, you must pay a filing fee of $9. If you miss your filing deadline, you may be charged a late fee of up to $250.
  • Income reporting requirements – The IRS regards every multi-member LLC as a partnership, unless they elect corporation tax status. If your company is a multi-member LLC, you are required to use the partnership return, or Form 1065, to report your income to the IRS.

Other Ongoing Compliance and Maintenance Costs

Aside from the biennial report, other recurring costs may apply to maintain good standing:

Operating Agreement

  • Mandatory for Multi-Member LLCs but strongly recommended for all.
  • Cost: Free if self-drafted; $200–$1,000+ with legal assistance.

Registered Agent Fees

  • Default Agent: New York Secretary of State.
  • Optional Private Agent: ~$100–$300 annually for enhanced privacy and service.

Business Licenses and Permits

  • Local Licenses: May require separate fees, especially in NYC.
  • Special Industry Licenses: Additional charges may apply depending on your business type.

Federal EIN

  • Required for Multi-Member LLCs or those with employees.
  • Cost: Free via IRS application.

Frequently Asked Questions

  1. How much is the filing fee for LLC 1 in New York?
    The base filing fee for submitting Articles of Organization is $200. Additional costs may include publication and compliance fees.
  2. Is the publication requirement mandatory for New York LLCs?
    Yes, all New York LLCs must publish in two newspapers for six weeks and file a Certificate of Publication with a $50 fee.
  3. Can I reduce my publication cost?
    Yes, by forming your LLC in a county with lower newspaper rates, such as Albany or Ulster County.
  4. Do I have to pay an annual fee for my LLC in New York?
    Yes. The annual filing fee (IT-204-LL) ranges from $25 to $4,500, based on your LLC’s gross income sourced from New York.
  5. Do I need a lawyer to form an LLC in New York?
    While not required, hiring a lawyer can simplify compliance and ensure all documents, such as the Operating Agreement, are properly prepared. UpCounsel offers access to experienced business attorneys if needed.

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