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$199

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Form my LLC

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Agent fee

Registered Address

Document filing with the Secretary of State

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Standard

$499

+ States Filing Fees

Form my LLC

05 days processing

Includes everything in basic package

Comprehensive name check

Preparation of Articles of Incorporation

Lifetime customer support (phone & email)

Federal Tax ID (EIN) Obtainment Service

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$599

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01 day processing

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Key Points of New York LLCs

Strong Privacy Protections

New York LLCs protect personal assets, but new disclosure laws require beneficial ownership reporting, with some exemptions available.

State Corporate Taxes

LLCs in New York benefit from pass-through taxation and may elect PTET to reduce state tax liability on members’ income.

Business-Friendly Legal Environment

New York’s legal framework and large economy support LLC growth, though compliance steps like publication and biennial filings are required.

Understanding New York LLCs

A New York LLC combines liability protection with flexible management, making it a practical choice for entrepreneurs seeking simplicity and legal safeguards. It’s recognized for offering strong credibility and statewide business support.

What is a New York LLC?

A New York LLC provides limited liability protection and allows either member-managed or manager-managed structures. An operating agreement is required under state law and outlines key governance terms.

A New York LLC offers several benefits, including:

Asset protection, flexible ownership, pass-through taxation, and structured internal governance. LLCs also gain recognition and credibility in New York’s competitive market.

Why choose an LLC in New York?

Choosing an LLC in New York offers legal protection, tax options, and access to a strong commercial environment. While compliance is more involved, it enhances transparency and public trust.

Key Benefits Include:

Privacy Protection

Predictable Taxes

No Double Taxation

Legal Environment

Business Credibility

Clear Guidelines

Pros and Cons of an LLC in New York

Starting a New York LLC: Benefits

A New York LLC shields personal assets, allows flexible management, and supports various member types. Formation is straightforward and backed by a clear legal process.

Taxation of a New York LLC

LLCs enjoy pass-through taxation and can elect PTET for added federal tax benefits. Some LLCs must also pay an annual fee based on New York-source income.

Starting a New York LLC: Drawbacks

New York requires a publication process after formation, which can be costly. Biennial reports and ownership disclosures are mandatory to maintain compliance.

Who Can Form an LLC in New York?

Any individual or business entity can form an LLC in New York, including sole proprietors, partnerships, and corporations. No residency or citizenship is required.

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Types of LLCs in New York

Domestic LLC (New York-based LLC)

A domestic LLC is formed under New York law and operates within the state. It offers limited liability protection, flexible management, and pass-through taxation.

Foreign LLC (Out-of-state LLC registering in New York)

A foreign LLC is initially formed in another state but conducts business in New York. It must register with the Department of State and appoint a registered agent in New York.

Professional LLC (PLLC)

Licensed professionals in New York—such as lawyers, doctors, and accountants—must form a PLLC to provide regulated services. All members must hold valid state licenses.

How to Start an LLC in New York

Choose a Business Name

Select a unique name that includes "LLC" or "L.L.C." and ensure it’s distinguishable from existing entities in New York. Use the Secretary of State’s name search tool to verify availability.

Appoint a Registered Agent

Designate a registered agent to accept legal documents. This can be an individual or a registered service company with a physical address in New York.

File the Articles of Organization

Submit Form LLC to the New York Secretary of State, providing LLC name, principal office address, and registered agent details.

Create an Operating Agreement

Though not required, it’s recommended to draft an Operating Agreement outlining ownership, governance, and profit distribution to reinforce liability protection and support tax compliance.

New York LLC Requirements

Age and Residency

Number of Members

Management Structure

Registered Agent and Office

Name Compliance

New York LLC Application

To start an LLC in New York, the key step is filing the Articles of Organization with the New York Department of State using Form DOS‑1336. This officially creates your LLC as a legal entity under state law.

Required Information

Include the following in the Articles of Organization:

LLC name (must include “LLC” or “L.L.C.” and be distinguishable)
Designated county of principal business office
Registered agent or service of process and address (or Secretary of State as agent)
Organizer’s name and address
Management structure (member‑managed or manager‑managed)
Duration (perpetual or fixed term); optional effective date
If it’s a PLLC, the profession and confirmation all members are licensed professionals.

Filing Options

Online: Use the New York Department of State’s online portal (NY Business Express) for immediate or quicker acknowledgment.
By Mail or In Person: Submit hard‑copy Articles of Organization and required fee to the DOS Division of Corporations in Albany.

Post-Filing Requirements

Operating Agreement: Must be adopted (internal document) within 90 days; governs internal operations and member relationships.
Publication Requirement: Within 120 days after formation, publish notice in two newspapers (one daily, one weekly) in the county of the principal office for six consecutive weeks. Submit affidavits and the Certificate of Publication with DOS.

New York LLC Taxation

Franchise & Filing Fee

Certain NY LLCs must file Form IT‑204‑LL annually. LLCs with $1 million or more in New York‑source gross income pay a fee; those with less source income file a minimal fee (minimum ~$25).

State Income & Entity‑level Tax

LLCs in New York are pass‑through by default; income flows to members’ personal tax returns. LLCs may elect other classification for tax planning, but NY does not impose a separate entity‑level income tax on standard LLCs.

Sales and Use Tax

LLCs selling tangible goods or taxable services in NY must collect state and local sales tax. Use tax applies on out‑of‑state purchases for use in the state.

New York LLC Annual Filing (Biennial Statement & Penalties)

What to File

Every LLC must file a Biennial Statement with the NY Department of State, updating address and agent info.

Filing Deadlines

Due every two years by the last day of the month in which the LLC was formed.

Penalties & Consequences

Failure to file results in late fees and the LLC being “not in good standing,” which can limit legal rights and ability to transact business.

Expanding Your New York LLC

As your business grows, you may expand your New York LLC into other states. This involves registering as a foreign LLC in each state where you operate and meeting local compliance requirements.

Registering a Foreign LLC in New York

If your LLC was formed in another state but will operate in New York, you must file an Application for Authority, submit a Certificate of Good Standing, and appoint a registered agent in New York.

Doing Business in Other States

To expand your New York LLC, register as a foreign LLC in each state where you do business. This includes filing with that state, providing a Certificate of Good Standing, and fulfilling all local tax and licensing obligations.