How to Form an LLC in New York

Forming an LLC in New York means filing formation documents with the Department of State and paying a $200 filing fee. The steps below follow the order most founders work in, from checking the name to setting up ongoing compliance. New York charges $9 for the report, filed every two years, so plan for that from the start.

Step 1: Choose and check your LLC name

Your New York LLC name must be distinguishable from other registered entities and include a designator such as "Limited Liability Company," "LLC," or "L.L.C." Search the state's business database through the New York filing office before you commit to a name, and check that a matching domain and trademark are free. Many states let you reserve a name for a short period for a small fee if you need time before filing.

Step 2: Appoint a registered agent

Every New York LLC needs a registered agent with a physical street address in the state who can accept legal papers during business hours. You can serve as your own agent if you live in New York, appoint a co-owner who does, or hire a commercial service. Our registered agent guide covers the trade-offs.

Step 3: File the formation document

File the Articles of Organization (some states call it a Certificate of Formation) with the Department of State. The filing fee is $200. Online filing is available in most states and is usually faster than mail. Processing times and expedite options vary, so check the current schedule before you file.

Step 4: Write an operating agreement

An operating agreement sets out ownership, management, voting, profit splits, and what happens if a member leaves. New York may not require you to file it, but having one supports your liability protection and settles disputes before they start. Single-member LLCs benefit too, because it documents that the business is separate from you. See the operating agreement guide for a clause outline.

Step 5: Get an EIN and open a business bank account

Apply for a free Employer Identification Number on IRS.gov. Never pay a third party for this. With the formation document and EIN you can open a business bank account, which keeps personal and business money apart.

Step 6: Handle ongoing filings and taxes

New York charges $9 for the report, filed every two years. New York also has an entity-level tax to plan for: Filing fee scales by income. New York taxes personal income, so LLC owners report their share of profit on a New York return in addition to the federal one. Put every deadline on a calendar the day you form, because missed reports can lead to penalties and administrative dissolution.

Step 7: Register for local licenses and state taxes

Check city and county requirements wherever you operate in New York. Many municipalities require a business license even for home-based or online businesses. If you sell taxable goods or services, register with the New York tax agency for a sales tax permit, and register as an employer before you hire.

New York LLC at a glance

How New York compares

New York's LLC filing fee is $200, $100 above the national median of $100. 43 of the 51 jurisdictions (50 states and DC) charge less to file. Filing fees are only part of the picture, so the table below sets New York beside five states founders often consider.

Forming outside the state where you live and work rarely saves money. A business operating in New York that forms elsewhere generally still has to register as a foreign LLC in New York and pay both states' fees. Our best states for an LLC guide explains when an out-of-state filing makes sense.

New York specific notes

New York requires LLCs to publish notice of formation in two newspapers in the county of the principal office for six consecutive weeks; cost varies dramatically by county (cheap upstate, expensive in NYC).

What it costs to get started

State fees for the first year come to $200 for the filing, before optional extras such as a commercial registered agent, expedited processing, or a certified copy of your formation document. The New York LLC cost breakdown shows the full picture.