Forming an LLC in
New York NY
Checked November 4, 2026 · How we score
Filing fee
$200
Articles of Organization
Annual fee
$4.5
per year, normalised
State income tax
10.9%
top rate
Cost rank
#34
of 51, first-year fees
New York LLC costs
| Filing fee | $200 |
|---|---|
| Annual report / franchise fee | $4.5 Biennial statement: $9 every two years (≈$4.50 per year). New York LLCs also pay an annual LLC filing fee ($25–$4,500) based on New York-source gross income over $100,000, and must complete publication. |
| First-year state fees | $204.5 |
| Registered agent | Required (about $50–$300/year if you don't use your own address in the state) |
| Newspaper publication | Yes |
| Anonymous ownership | No |
| Processing time | 5 days |
New York taxes for LLCs
| Personal income tax (top) | 10.9% Graduated 4%–10.9%; New York City adds up to 3.876%. |
|---|---|
| Corporate income tax | 7.25% 7.25% on net income (6.5% for small business under $5M). |
| State sales tax | 4% |
| Franchise / gross receipts | Publication: LLCs must publish a notice in two newspapers for six weeks within 120 days. Cost ranges from about $300 upstate to $1,200–$2,000 in Manhattan, plus a $50 Certificate of Publication filing. Annual LLC filing fee of $25–$4,500 on New York gross income. |
A single-member LLC is a disregarded entity: profit flows to the owner's personal return. Federal income tax applies in every state. Non-US owners without US-source business income generally owe no US income tax but must file Form 5472 with a pro-forma 1120 each year.
Pros and cons
Why form in New York
- Access to the largest US market
- Low $9 biennial statement
- Strong legal and banking ecosystem
Watch out for
- Publication requirement can cost $1,000+ in New York City
- Highest income tax burden when NYC applies
Best for: New York-based businesses · Finance, media, and professional services LLCs
New York LLC: common questions
How much does an LLC cost in New York?
Filing the Articles of Organization in New York costs $200. After that, expect $9 every two years, plus a publication requirement. Biennial statement: $9 every two years (≈$4.50 per year). New York LLCs also pay an annual LLC filing fee ($25–$4,500) based on New York-source gross income over $100,000, and must complete publication. A commercial registered agent, if you need one, is typically $50–$300 a year extra.
Do I need a registered agent in New York?
Yes. New York requires every LLC to keep a registered agent with a physical street address in the state to accept legal and tax notices. You can act as your own agent if you live there, but non-residents and owners who want privacy usually pay a commercial agent, typically $50–$300 a year.
Can a non-US resident form an LLC in New York?
Yes. New York does not require US citizenship, residency or an SSN to own an LLC; you need a New York registered agent address and then an EIN from the IRS (by fax or mail with Form SS-4 if you have no SSN). A foreign-owned single-member LLC must also file Form 5472 with the IRS every year, even with no US income. Check what New York publishes, since member or manager names may appear in public filings.
Does New York have a state income tax?
Yes. Graduated 4%–10.9%; New York City adds up to 3.876%. LLC profits normally pass through to the owners' personal returns. Corporate income tax: 7.25% on net income (6.5% for small business under $5M).
How much does the New York LLC publication cost?
Publication typically costs $300–$1,000 in most counties and $1,200–$2,000 in New York County (Manhattan), plus $50 to file the Certificate of Publication. You have 120 days to publish in two newspapers for six consecutive weeks, or the LLC loses its right to do business in New York.
Sources
New York Secretary of State business filings
- New York Secretary of State / business filing office
- Tax Foundation – 2026 state income tax rates
- LLC University – LLC filing and annual fees by state (cross-check)
Similar states
Not tax or legal advice. Rates and rules change; we check official sources and update every page, but verify with a licensed adviser in the country before acting. Spotted something out of date? Use the correction form below.