
On paper, starting an LLC in New York costs $200, the Department of State's filing fee. The bill that surprises most owners comes later. Within 120 days, the LLC must announce itself in two newspapers picked by the county clerk. Each paper sets its own price, so this is usually the biggest and least predictable cost of forming here.
To form an LLC in New York, you file Articles of Organization with the New York Department of State and pay $200. Then, within 120 days of filing, you need to:
- publish a notice in two newspapers, once a week for 6 weeks
- pay the newspapers, whose prices depend on the county
- file a Certificate of Publication for another $50
Once the company is running, the regular costs are small: a $9 Biennial Statement every 2 years and a yearly state fee from $25.
Before you file: what you need to form an LLC in New York
So you open the Department of State website to see what's involved. The filing itself is one document. But the state expects a few things from a new LLC, some on filing day and some in the weeks after:
- a name that follows the rules
- the Secretary of State as your agent for legal papers
- Articles of Organization, filed online or by mail
- newspaper publication within 120 days
- a written operating agreement
- an EIN from the IRS
The name must include "Limited Liability Company", "LLC" or "L.L.C.". It must also differ from names already on file. Some words are restricted under LLC Law §204.
The agent part is easier than in most states. Every New York LLC names the Secretary of State as its agent for service of process. That's the official delivery of lawsuits and legal notices. You give an address where the state can mail those papers on to you. A separate registered agent is optional, so you don't need to pay for one.
The operating agreement is an agreement between the members. It stays with the owners and doesn't go to the state. You can adopt it before filing, at filing or within 90 days after. The law requires it in writing, even for an LLC with one member.
The EIN is the federal tax number, and it's free. The forms are public and the fees are on the Department of State website. So you don't need a lawyer. In practice, owners rarely have trouble with the Articles. The problems come later, with publication and the yearly filings.
Choosing your office address, and with it your newspaper bill
Before you fill in the Articles, you have to give an office county. That one line decides most of what publication will cost you. The county clerk picks the two papers, and each paper charges its own rate. The state doesn't set newspaper prices, and New York County (Manhattan) is the most expensive.
There's no official price list. The table shows ranges quoted by secondary sources. Treat them as rough guides, not official figures.
Source | Range quoted |
|---|---|
Wise | $300 to $1,500 or more |
UpCounsel, low-cost counties | $50 to $300 |
UpCounsel, mid-cost counties | $600 to $1,200 |
UpCounsel, New York City | $1,500 to $2,000 or more |
Wyoming LLC Attorney | About $80 in Albany, up to $2,000 in NYC |
Some guides say publication "typically costs $50". But that's the Department of State's fee for the certificate. The newspapers bill on top of it.
Say you list a Manhattan address with no business reason for it. You'll usually pay more than someone with an office in a cheaper county. Taking the first quote without checking how your address affects the county is a costly slip. Quotes from the designated papers are the only reliable number, so get them before you set a budget.
Adding up what it costs to form an LLC in New York
With a newspaper quote in hand, you can finally add up the real bill. Many owners build the budget on the $200 filing fee alone, because many guides quote only that. The fixed state fees sit around the publication cost. Some of them are required and some are optional.
Item | Fee | Required |
|---|---|---|
Articles of Organization | $200 | Yes |
Certificate of Publication | $50 | Yes |
Newspaper publication | Set by papers, varies by county | Yes |
Name check | $5 per name, written request | Optional |
Name reservation | $20 | Optional |
Expedited handling | $25 to $150 per document | Optional |
DBA certificate | $25 | Only for another name |
EIN | Free from the IRS | Needed in practice |
The expedited fee is per document: $25 for 24 hours, $75 for same day, $150 for 2 hours.
We worked out a rough total ourselves. The two required state fees come to $250 ($200 + $50). Wise quotes $300 to $1,500 for publication. That gives about $550 to $1,750 or more before optional extras. A low-cost county can come in under that, and New York City can come in above it. So your own newspaper quotes decide the real figure.
After formation, the LLC has a few costs that keep coming back:
Item | Fee | When |
|---|---|---|
Biennial Statement | $9 | Every 2 years, in formation month |
Annual filing fee | $25 to $4,500, by NY income | Yearly, March 15 for calendar year |
NYC business tax | 4% | Yearly, NYC LLCs above the threshold |
The annual filing fee is filed on Form IT-204-LL. The city tax is the NYC Unincorporated Business Tax.
You may meet other Department of State fees later. An amendment to the Articles costs $60. Articles of Dissolution also cost $60. An LLC from another state that registers in New York (a "foreign LLC") pays $250 for an Application for Authority.
If you're still choosing a state, add the publication cost to your comparison. Best State to Form an LLC: Fees, Taxes and When Your Home State Wins shows how the main states compare.
Filing day: the quick part
You file the Articles online through New York Business Express or by mail to Albany. The Department of State pages we checked don't give an official processing time. They do say online filers get an emailed PDF receipt, usually within minutes. You can also pay for handling within 24 hours, the same day or within 2 hours.
In our work with clients, New York online filings often come back the same day. So the filing is the quick part. The longer part is the set of deadlines that start once the Articles take effect.
Deadline | What is due |
|---|---|
First 90 days | Operating agreement adopted |
6 weeks in a row | Newspaper notice runs |
Within 120 days | Publication done, certificate filed |
Every 2 years | Biennial Statement ($9) |
Every March 15 | Form IT-204-LL and fee |
The operating agreement can also be adopted before or at filing. The Biennial Statement is due in the month the LLC was formed. March 15 applies if your tax year is the calendar year.
The next six weeks: the New York LLC publication requirement
Now the LLC exists, and the newspaper part begins. New York is one of very few states that make a new LLC announce itself in print. Under LLC Law §206, the LLC publishes its Articles or a notice about the LLC. It runs in two newspapers in the county where its office is.
One paper is a weekly and the other a daily. The notice runs once a week for 6 weeks in a row. You must finish within 120 days after the Articles take effect.
After the run, each newspaper gives you an affidavit of publication. That's a sworn statement that the notice appeared. You attach the affidavits to the Certificate of Publication and file it with the Department of State for $50.
A 120-day window sounds like a lot. But publication alone takes 6 weeks of newspaper runs, and then you still collect the affidavits and file the certificate. So the window shrinks fast if you contact the papers late.
Day 120: if the certificate isn't filed
Missing this deadline is the most common and costly mistake New York owners make. If you haven't filed proof of publication within 120 days, the LLC's authority to do business in New York is suspended.
The law limits the damage. Contracts the LLC signed stay valid. Members don't become personally liable because of the missed publication. Once you file the proof, the suspension is annulled, so you can fix it.
But a suspended status tends to show up at bad moments. That's often when someone checks the company's record:
- a partner
- a lender
- a court
Before your first sale: the sales tax certificate
When you're ready to sell, check one more thing. If your LLC sells taxable goods or services, you need a Certificate of Authority from the Tax Department before your first taxable sale. The state asks you to register at least 20 days before you start.
Selling without one can bring a penalty. It's up to $500 for the first day and $200 for each day after, to a maximum of $10,000.
Your first spring: the yearly fee and the city tax
Then the first tax season arrives. New York follows the federal tax classification. A single-member LLC owned by one person is usually a disregarded entity. That means its income goes on the owner's New York personal return.
On top of that comes New York's yearly LLC fee, filed on Form IT-204-LL. You pay it to the New York State Department of Taxation and Finance. It's separate from anything you file with the Department of State. The amount depends on the LLC's New York-source gross income for the prior year.
New York-source gross income | Fee |
|---|---|
$0 to $100,000 | $25 |
$100,000 to $250,000 | $50 |
$250,000 to $500,000 | $175 |
$500,000 to $1 million | $500 |
$1 million to $5 million | $1,500 |
$5 million to $25 million | $3,000 |
Over $25 million | $4,500 |
A single-member disregarded LLC pays a flat $25 if it has any New York-source item of income, gain, loss or deduction.
The form is due on the 15th day of the 3rd month after the tax year ends. For a calendar year that's March 15, or the next business day if it falls on a weekend. You can't get an extension to file or to pay.
While you search for how to pay, you may see questions about an "$800 LLC fee" in New York. That's California's minimum franchise tax, and New York doesn't charge it. The closest New York fee is the IT-204-LL fee above, starting at $25. California LLC Taxes and the $800 Franchise Tax explains the California rules.
If your business is in New York City, there's one more bill that owners often miss. The city taxes unincorporated businesses at 4%, and that includes many LLCs. Single-member LLCs file Form NYC-202 when gross income is over $95,000. NYC-202 is due April 15. For the 2025 return, that was April 15, 2026.
S corporations don't pay this tax. It's a city tax, so an LLC based in Buffalo or Albany doesn't pay it either.
Two years in: the $9 filing that's easy to forget
Every 2 years, in the month the LLC was formed, you file a Biennial Statement with the Department of State for $9. If your email is on file, the state sends a reminder. If you miss it, state records mark the LLC "past due", and certificates of status show that.
The fee is small. But small repeat filings are where companies slip most often. In our work with clients, we regularly see companies dissolved because state reports and taxes were missed. That can lead to real trouble:
- reinstatement is often impossible or comes with a large penalty
- some owners end up forming a new company
- the bank account can become a problem if the bank isn't told
LLC Annual Report: Requirements, Fees and Due Dates by State compares annual and biennial reports in other states.
Ownership reports: BOI and the New York LLC Transparency Act
Somewhere along the way, you'll probably read that your LLC must report its owners. In 2025 two ownership reporting rules confused a lot of New York owners. Both have since narrowed.
The federal beneficial ownership (BOI) report under the Corporate Transparency Act no longer applies to companies formed in the US. FinCEN published an interim final rule on March 26, 2025. The final rule took effect on August 14, 2026. So a New York LLC doesn't file a BOI report. Beneficial Ownership Information (BOI) Report: Who Must File has the details.
The New York LLC Transparency Act took effect on January 1, 2026. On December 19, 2025, Governor Hochul vetoed bill S8432. Now the law covers only LLCs formed outside the US that are authorized to do business in New York.
LLCs formed in the US, New York LLCs included, have no new report under it. For the LLCs it does cover, the Department of State fee is $25.
Keeping the offices straight: who handles what
By now you've dealt with several offices, and it helps to see them in one place:
- New York Department of State, Division of Corporations, in Albany: Articles, Certificate of Publication, Biennial Statements, amendments and dissolutions
- New York Business Express: the state's online filing portal
- County clerk: picks the two newspapers in each county
- New York State Department of Taxation and Finance: the IT-204-LL fee and sales tax registration
- NYC Department of Finance: the Unincorporated Business Tax
- IRS: the EIN and federal taxes
The Secretary of State heads the Department of State. By law, the Secretary is the agent for every New York LLC.
If you're forming it from outside the US
You can form and own a New York LLC while living outside the US. But a few parts work differently.
The IRS online EIN application needs the responsible party's SSN or ITIN. And if your main place of business is outside the US, you can't use the online tool at all. You apply by phone, fax or mail instead, and it takes longer without an SSN.
The Articles also need an address where the Secretary of State can forward legal papers. So pick a place where someone actually gets and handles mail. The office county still decides the papers and their price, wherever you live.
On reporting, a New York LLC is formed in the US. So it files neither a federal BOI report nor a New York Transparency Act report. Federal tax forms for foreign-owned LLCs are a separate topic. Can a Non-US Resident Own a US LLC? What It Involves covers them with the rest of foreign ownership.
Doing it yourself or hiring help
Wherever you live, you'll decide who handles the work. You can realistically form a New York LLC yourself. The forms and fees are public, and filing is online. It works well if you live in New York, know the county and have some time.
Most of the effort sits around the filing. Someone has to:
- check the name against the rules and existing names
- pick the office address with the publication county in mind
- get quotes from the designated papers
- follow 6 weeks of publication
- collect the affidavits and file the certificate before day 120
After that, the LLC needs a calendar. It holds the Biennial Statement every 2 years and IT-204-LL every March. It also holds NYC-202 every April, where it applies.
Hiring help makes more sense in a few cases:
- you live outside the US or outside the state
- you don't want to manage newspapers and deadlines
- a missed date would cost you more than the service
The trade-off is the service fee and less direct control over each step. Either way, the state fees and newspaper charges stay the same, and no provider can remove them. We form New York LLCs as part of a US launch. The office address, and the county it puts you in, is the first thing we settle with the owner.
If you close it one day
At some point the LLC may no longer be needed. Closing it also goes through the Department of State. You file Articles of Dissolution under LLC Law §705, within 90 days after dissolution or the start of winding up. The fee is $60, and you can file online or by mail.
What to do this month
If you're about to form a New York LLC, start with the newspapers. Get quotes for your county before you settle on an office address, since that choice sets most of the cost.
Then count the 120 days from the day the Articles take effect, and contact the papers early. Put the Biennial Statement month and March 15 in your calendar too. If you live abroad or don't want to manage newspapers and deadlines, that's when help is worth paying for. To compare New York with other states, see Best State to Form an LLC: Fees, Taxes and When Your Home State Wins.
Frequently asked questions
How much does it cost to open an LLC in New York State?
The state charges $200 for the Articles of Organization and $50 for the Certificate of Publication. Newspapers charge separately, often $300 to $1,500 or more. Manhattan costs more.
Can I form an LLC in New York by myself?
Yes. The forms are public and you can file online. Most problems come from the newspaper publication and its 120-day deadline.
How long does it take to form an LLC in New York?
Online filers usually get an emailed receipt within minutes. Paid expedited handling can take as little as 2 hours. Publication then runs for 6 weeks and must be done within 120 days.
What happens if I do not publish my New York LLC?
After 120 days the LLC's authority to do business is suspended. Contracts stay valid. Filing proof of publication later annuls the suspension.
How do I pay the $800 LLC fee in New York?
New York has no $800 fee. That's California's franchise tax. New York's yearly fee goes on Form IT-204-LL and runs from $25 to $4,500, or a flat $25 for a single-member disregarded LLC.
What if my LLC has no income but has expenses?
The LLC still files the $9 Biennial Statement every 2 years. A single-member LLC owes the $25 IT-204-LL fee if it has any New York-source income or other tax item, even a loss. Check your case with an accountant.
Does a New York LLC need a registered agent?
By law, the Secretary of State is the agent for every New York LLC. Naming your own registered agent is optional.
Do I have to file a BOI report or a Transparency Act report in 2026?
An LLC formed in the US files neither. FinCEN exempted US-formed companies. After the December 2025 veto, the New York Transparency Act covers only LLCs formed outside the US.
















