New York LLC Taxes

An New York LLC is taxed at three levels: federal income tax on the profits, New York state rules, and payroll or sales taxes that depend on what the business does. New York taxes personal income, so LLC owners report their share of profit on a New York return in addition to the federal one. New York also has an entity-level tax to plan for: Filing fee scales by income.

Federal tax treatment

By default the IRS treats a single-member LLC as a disregarded entity, so profit is reported on Schedule C of the owner's personal return. A multi-member LLC is taxed as a partnership and files Form 1065, with each member receiving a Schedule K-1. Either can elect to be taxed as an S corporation (Form 2553) or a C corporation (Form 8832). See the IRS page on LLCs.

Self-employment tax

Members who work in the business generally pay self-employment tax of 15.3% on net earnings: 12.4% for Social Security up to the annual wage base set by the SSA, and 2.9% for Medicare with no cap, plus an additional 0.9% Medicare tax at higher incomes. An S corporation election can reduce this for profitable businesses, but it requires running payroll and paying yourself a reasonable salary. Our LLC vs S-Corp comparison walks through the trade-off.

New York state taxes

Sales tax, payroll tax, and local business taxes sit on top of these. If you sell taxable goods or services, register with the New York tax agency for a sales tax permit. If you hire, you will register for state unemployment insurance and withholding.

Estimated tax payments

LLC owners usually have no employer withholding, so they pay federal estimated tax each quarter, and New York estimated tax as well. Missing estimates can trigger underpayment penalties, so many owners set aside a percentage of every payment they receive.

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).

New York LLC at a glance

Tax rules and thresholds change, and this page is general information. Confirm details with the New York tax agency and a licensed CPA before you file.