How to Start an LLC in New York: If you’re looking to start an LLC in New York for $0, you’ve come to the right page. Setting up an LLC is easy and cost-effective. To form an LLC, you must follow a few steps that include naming your LLC, hiring a registered agent, filing your formation documents, LLC publication, doing the operating agreement, and finally obtaining the EIN. You can easily set up your LLC for free in New York. However, you must pay the mandatory state filing fee. These fees and charges can be tax deductible, making the LLC formation cost $0.
On this page, You’ll find all the steps that must be taken to ensure that your New York LLC has been correctly formed. We recommend you read the whole article very carefully, word by word, don’t miss anything 🙂
On this page, you’ll learn about the following:
- How to Start an LLC in New York
- After Starting Your New York LLC
- New York Foreign LLC
- New York LLC Formation Review
How to Start an LLC in New York
An LLC (aka Limited Liability Company) is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection. For an LLC, members’ personal assets are not affected by business debts. However, in some cases, if the LLC is sued for business debts, courts might pierce the corporate veil and use the owner’s personal assets to meet their corporate liabilities.
If you wish to start an LLC, you must file your Articles of Organization with the State and pay a filing fee of $200. While it’s the most important step, it’s not the only one. There are 5 other crucial steps to follow to get your LLC formed in New York. Below mentioned all 6 steps that explain everything you need to do to start a New York LLC in 2022. Let’s get started! You can always hire a professional LLC formation service in New York to set up your LLC instead of doing it alone; a Pro service will ensure everything is done properly.
Step 1: Decide a Name for Your New York LLC
The first step while forming a limited liability company in New York is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.
LLC Naming Guidelines in New York
There are a few specific requirements all LLCs in New York have to follow while naming their Company. Some of the most important requirements are as follows:
- Your business name should be available, and no other existing business in New York can have the same name. If you do it from the New York SOS website, it might take some time; you can try name search with TailorBrands, it’s free and takes no time.
- “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
- You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
- Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by New York State Government are fulfilled.
- (Optional) It’s better to name your business something for which your desired domain is available.
|Important Links –||Submit Offline Form to –|
|New York Business Entity Search – Online Name Search|
Name Reservation Form – PDF
Name Availability Standards – Guidelines
New York LLC Name Search – Instructions
|New York State, Department of State|
Division of Corporations, State Records
and Uniform Commercial Code
99 Washington Avenue 6th floor
Albany, NY 12231
Reserve Business Name for Future
If you do not wish to file your LLC right now but want to hold the name you have decided on, then you can reserve your LLC name for 60 days. To keep the name, you must file a name reservation application and pay $20 to reserve your name with the New York Secretary of State.
Doing Business As (DBA) or Trade Name
Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the New York Secretary of State by submitting an Application to Register a Fictitious Name in New York, along with the filing fee of $100. Read the Instruction to file DBA before you proceed.
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Apart from LLC formation, TailorBrands offer DIY website templates and incredible logo designs at a very reasonable price. If you plan to get a website, then it is wise to have a “.com” domain for your business, but these days you can also use other TLDs like “.io”, “.company”, “.xyz,” etc. Also, they have a domain name search tool, domain name service, and domain name privacy where you can protect your domain name from others. Here you can get everything you need for your business in one dashboard.
It is not legally mandatory to use the word LLC in your domain name or email. If you want, you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.
Step 2: Assign a Registered Agent in New York
The second step to forming an LLC in New York is to appoint a Registered Agent. A registered agent is a person or business entity working on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in New York. Hence, hiring a competent New York Registered Agent for your LLC is necessary.
Make sure your registered agent is a resident of New York or has a physical street address. This address will be used as the principal address of your LLC to receive any legal documents. Most LLC formation companies also provide registered agent services. Below are two great LLC formation services; even if you buy their cheapest plan (normally $49/year), you also get registered agent service and other services at a very reasonable price.
These two are our top recommendations for registered agent service, as they are competent and authorized to conduct business in New York. Some LLC formation services also offer standalone New York registered agent services. You can purchase only Registered Agent services without purchasing any other LLC formation services. This standalone service might become handy if you are doing it yourself and don’t want to disclose your home address or you don’t want to pierce the corporate veil.
A person above 18 years of age and has a physical address in the state of New York can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One is responsible for handling all the legal documents on the LLCs behalf.
Yes, you can be your own registered agent if you are a resident of the state of New York and you are above 18 years of age. To become a registered agent, you must have the authority to conduct any type of business in New York.
There are a few reasons why you shouldn’t be your own registered agent. The address of the registered agent is used to communicate with the SOS or for any legal activities. If you are your own registered agent, you might have to upload your personal address to the public forum. Besides, the registered agent must be at the address during business hours. It won’t be easy for you as you also have to take care of other things in your LLC. Hence, it is wiser to appoint a separate entity as your registered agent.
If an LLC is sued in New York, in some cases, courts might decide to lift the corporate veil, which means the owners of the LLC will be personally liable for their business debts. They might have to forgo their personal assets to repay their business debts. This is called piercing the corporate veil, where personal and business assets are not separated anymore. Your personal assets can be protected if you have enough capital and all your LLC documents are properly filed.
Registered Agent Consent Application
In New York, there is no separate Consent Letter to be produced to the Secretary of State. This consent letter assures that the Registered Agent has given his nod for the service of process as an Agent. They can reject the appointment, too, by filing a Rejection of Appointment. At the time of change of Registered Agent (or the name or address), the new Registered Agent has to sign the consent letter. It comes with the Application form to Change the Registered Agent. The filing fee of $30 should be paid for it.
Step 3: File Articles of Organization in New York
The third and most important step in forming an LLC is to file the Articles of Organization. This New York Articles of Organization is a legal document that is required to register your business with the New York Secretary of State. It costs $200 (by mail and online) to file your formation certificate in New York. (Read more on LLC cost in New York).
The Articles of Organization include details like the name of the LLC, the registered agent’s name, address, employees’ details, and the company’s structure (member-managed or manager-managed). Before hiring employees in New York LLC, one should know the rules and regulations thoroughly. Also, if you are expanding your existing business (an LLC) in other states to New York, you must register as a New York Foreign LLC.
How to File Online
Go to the Secretary of State Online Service. You will get the online service page. If you already have a NY Gov ID, you can log in to the portal by clicking on the ‘Log in to User Account’ button below. If you want to create your account, you can register and directly start filing your LLC by clicking on the “Online Filing” button below. Read more about the New York Articles of Organization for online registration.
How to File by Mail
If you prefer filing real-life forms for your LLC registration in New York, you can download Domestic LLC Formation Form. Read the form thoroughly, fill it out, and mail it along with the Credit Card/Debit Card Authorization form to the following address,
Department of State Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231
Fax: (518) 474-1418
Processing Time: Normally, it takes around 5 business days (approx) to get your LLC formed in New York. The processing time for online filing might be a little faster than offline filing. However, the document processing time can be changed due to various factors.
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Every LLC owner has to pay the filing fees to register their business in New York. This fee is mandatory but also tax deductible. If you’re doing it yourself (filing on your own), it will not cost you any additional service fee. However, it is not feasible to do that as the DIY process might be delayed, complicated, and messy, especially if you’re a novice entrepreneur. Hence, it is recommended to get professional guidance to get your LLC formed in New York.
Step 4: Meet New York LLC Publication Requirements
Every LLC in the state of New York needs to publish a notice in two separate newspapers (one daily & one weekly) within 120 days of the formation. This notice of publication should be published for 6 weeks continuously. LLCs cannot choose any newspapers. The papers must be approved by the local county clerk of the county your LLC is located (according to the Articles of Organization). After the publication, LLCs will receive one affidavit of publication from each publisher.
To file the Certificate of Publication, LLCs need to submit the Certificate of Publication form along with the Affidavits of publication received from the publishers to the following office,
Fees: A non-refundable fee of $50 should be paid as publication costs to the Department of State, New York. The publication fee is around $1500 to $2000 in New York. However, you can save this money with the help of a New York Registered Agent service. Depending on the newspaper, the cost of publication varies. You can read about the publication requirements guide on New York SOS site.
Mail To: New York Department of State
Division of Corporations
One Commerce Plaza,
99 Washington Avenue,
Albany, NY 12231
Step 5: Create Your LLC Operating Agreement in New York
Moving on to the fourth step, filing your operating agreement. An operating agreement is an internal document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.
When it comes to filing a New York LLC Operating Agreement, the state does require you to have a comprehensive operating agreement. The operating agreement has to be created before, at the time of filing, or within 90 days of filing the articles of organization. This document would be useful if you want to dissolve New York LLC later.
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The operating agreement draft can be created for free if you don’t hire a professional. However, there is an advantage to appointing a proficient person/service. You will get a businesslike quality operating agreement at a very cheap fee, which will help you in the future. Hiring a professional service means you can sleep well at night 🙂
Step 6: Filing a New York LLC EIN
The Employer Identification Number or, simply, the EIN is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business, for that matter.
EIN is needed when the LLC hires employees. Hiring employees in New York LLC requires following specific rules and regulations. On the other side, EIN for New York foreign LLC should be obtained if your LLC is based in other states.
To obtain EIN (aka FEIN), one has to fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally, complete the form and send it to the address given. You can also get an EIN Assistant to help you with the process.
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999
Fax: (855) 641-6935 | Fee: Free
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TailorBrands – ($49 + State Fees) Online LLC Setup
Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.
Congratulation, you are now done with all the necessary steps to form your Limited Liability Company in New York. If you do it yourself, it should take you a long time to understand and do all the steps properly.
However, if you use TailorBrands, it should be way faster. You will always have a live chat option and phone support with experts for any help you need. Their worry-free service will make things easier for you.
After Starting Your New York LLC
After forming your LLC, there are still some things that you will need. The most important thing is to separate your business and personal assets. LLCs have limited liability protection that protects your personal assets from business liability. This is called a corporate veil. However, the corporate veil can be lifted or pierced by the court if the LLC is sued. In that case, the owners of the LLC become personally liable for their corporate debts. A few things like appointing a legit registered agent, having enough capital, and filing all the major documents with the state can save the LLCs from being pierced into the corporate veil.
Apart from that, there are a few things you need to take note of,
- Get a company business bank account, business credit card, and other business accounting tools. Even if you have an informal business structure, after registering your business, it is needed to have proper business accounting tools.
- File New York business permits & licenses. Besides, get the details of business licenses you need before you obtain them. To run legitimate businesses, it is mandatory to have licenses.
- Get general liability insurance and professional liability insurance with coverage for employees. Now, even for a simple business structure, you need to protect your employees.
- File a New York LLC annual report or biennial report.
This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings, to make sure your LLC is up-to-date.
Cost of Starting an LLC in the State of New York
LLCs can be formed for $0. Apart from the mandatory state filing fees, you don’t have to bear additional service charges if you do it yourself. Following are the fees and taxes LLCs in New York must pay to register and run a business in the state. Forming an LLC is no doubt cost-effective compared to other business structures. However, the fees and charges (tax-deductible) that you must pay to the state, such as name reservation fee, name filing fee, LLC filing fee, and Franchise Tax & Sales Tax (If applicable). Here are the main fees and taxes you must pay while forming your limited liability company in New York,
|Fees/Tax||Amount to be Paid|
|Name Reservation Fee||$20|
|Articles of Organization Fee||$200 (by mail and online)|
|Certificate of Publication||$50|
|LLC Biennial Report||$9|
In New York, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 60 days without registering your LLC. It can be done by paying $20.
In New York, a Biennial Report has to be produced every 2 years. It costs $9. Also, the State of New York requires LLCs to pay a Sales Tax of 4% every year. Other than this, there are business insurance coverage costs. Read our guide on LLC costs in New York for more information.
New York Foreign LLC
If you are interested in forming a Foreign LLC in the state of New York, then you need to file the Certificate of Foreign LLC to the New York Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents, like the Certificate of Good Standing, etc., to the New York SOS to form your foreign LLC in the state of New York. To know more in detail, check out our guide on New York Foreign LLC.
Reasons to Start an LLC in New York
Are you aware of the fact that many top-ranked global businesses are based in New York? The reason behind this is the business-friendly environment that makes New York the most favorable destination for business in the world. Hence, you will get potential customers easily here. As it is the most popular business state, you might get additional customers for your start-up. To start an LLC in the state of New York, business owners need to get different permits such as building permits, signage permits, and health permits if it is a restaurant or food-related business. With a proper permit, you can conduct business with ease in New York. Besides, LLCs do not have double taxation. In double taxation, every business has to pay income taxes twice, one as a business and then as an individual entity. Here in LLC, there is no such case of double taxation.
When it comes to business structure in New York, a sole proprietorship and an LLC are the two best options. However, single-member LLCs are similar to sole proprietorships. It is much easier for entrepreneurs to get business licenses, permits, and other documents. On the other hand, tax liabilities are much lesser in LLCs. It is easy to get business funding for LLCs. Not only LLCs but any startup can get business funding if they have proper business plans. On the tax front, there are no additional taxes other than federal income taxes levied on individual income. On the other hand, corporations must pay a handful of federal taxes, self-employment taxes, along with federal income taxes.
Moreover, for start-ups, the New York government has many tax benefits, like reducing tax liabilities, and incentives, like business funding options, that will help entrepreneurs start an LLC in the state of New York. Here are the insights.
Start-Up New York Program
The start-up New York program is a tax benefit program introduced by the state government to bring new start-up ideas and investments into the state. Under this program, a start-up company has to enroll themselves and select based on criteria fixed by the government. All those companies who get selected are eligible for a tax-free operation at some state locations for a period of whopping 10 years.
Federal Work Opportunity Tax Credit (WOTC)
Under this program, some tax rebate is provided to LLCs located in New York based on hiring people belonging to a special group. These special groups are those people who have to follow issues at every step in their journey when they step out for employment. That is why the government is helping hand such people and wants the LLC to hire such people in New York.
For this task, the company will enjoy a tax credit of a minimum of $1200 to a maximum amount of $9600. This amount varies on how many employees of this category are hired by you and the salary they are taking out of LLC accounts. Some of those groups are:-
- People who are unemployed veterans due to some disability. They are highly qualified.
- Recipients from the list of Temporary Assistance for needy Families.
- Community residents living in special empowerment zones or rural areas of the country are still under renewal.
- People who have a food stamp.
- Individuals who are in their rehabilitation period are referred by their centers.
IDA Commercial Tax Incentives
The IDA commercial incentive is a program in which an LLC going through changes in their existing building or starting the work of new construction is provided a rebate on the land taxes for up to 25 years according to the construction they are proceeding with. Also, the state sales tax is waived for purchasing construction and renovation material is around 8.875%. Read more on New York’s classification of LLC tax.
Best Businesses in New York
When you want to form an LLC in the state of New York, you must have complete knowledge of the state’s business environment. To help you in this process, we have mentioned some valuable information below.
How can a person forget the wall street of Manhattan when talking about New York Businesses? The state’s stock exchange and silicon valley are continuously growing since 1817, impacting the whole world with one action. The contribution of this incredible sector to the economy is $211 billion.
Most of the products that are manufactured in the state are basically for exports. Only a few amounts of goods are kept for local use. General software, mobile devices cover the manufacturing industry’s biggest chunk and clothes manufacturing. The contribution of this sector is $64.83 billion, and it is also indirectly supporting the export sector. It accounts for $84.7 billion, which has vegetables and manufactured products in it.
Media and Entertainment
The most prominent media houses of the USA are present in the state that is controlling global trends. Some of the biggest ones are CNN, News Corporation, The New York Times Company, etc. These media houses alone have helped many people generate their livelihood and have contributed around $9 billion to the GDP. The tax that this industry failed in 2014 was accounted for $240 million, which is enormous for the non-manufacturing sector.
The modern state of New York is also rich in its agricultural activities due to its deep fertile soil. Crops produced in the state are pears, strawberries, dairy goods, etc. 25% of the total area allocated to the state is consumed for farming purposes that have recently contributed to around $4.28 billion to the state’s GDP.
Some small businesses that are thriving well in New York are:-
- Food delivery business
- Property management
- Online trading
New York LLC Formation Review
Time needed: 5 minutes.
Just to recap, here are the easy steps again when forming an LLC in New York. Click on the steps in this list to read the full detail.
- Name your New York LLC
The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
- Choose a Registered Agent
In New York, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services to get things done hassle-free.
- File a Formation Certificate
Filing a formation certificate is necessary when forming a limited liability company in New York. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
- Meet the Publication Requirements
In New York, a notice of LLC formation should be published in an approved newspaper. This is a mandatory task for all the newly established LLCs.
- Create an Operating Agreement
An operating agreement is not a strict requirement in New York but something encouraged when you start an LLC to avoid future conflicts.
- Get an EIN
The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
Things to Consider While Starting an LLC in the State of New York
This article has almost all the important points that you should know when you form an LLC in the state of New York. To recap things, at first, your need a solid business plan. Normally, business plans have all the things you need. Once it is with you, you can proceed with the formation.
Along with a plan, you need business accounts. Business accounts are as important as forming your LLC. You can set up business accounting software for your payment process. Businesses that are involved in day-to-day payments often use business accounting software to ease the work.
Now, coming to maintaining your business. The very first thing is taxation. You can hire a tax professional to guide you through the LLC tax structure. For example, LLCs get to choose their tax structure. That is, it can be taxed as a C-corp or an S-corp. If you have a single-member LLC, then it will be taxed as a sole proprietorship.
If you have more than one member, then it will be considered a partnership by default and will be taxed accordingly. For more information on LLC tax structure, you can visit the Department of Taxation and Finance. In LLC, you can enjoy personal liability protection and reduced tax liabilities.
Additionally, you can avail professional liability insurance so that your professional assets will also get protected. You can find your business insurance provider by exploring their business profiles. There is a number of business insurance companies that offer various plans. Check your business expenses and business credit scores before you make your financial decisions.
In New York, every LLC has to publish a notice. Now, as mentioned above, the publication must follow proper rules. You can check the publication requirements guide to know more about the rules and costs. As soon as the formation process is over, the publication needs to be done. For some states, the online formation process takes a day. In that case, you can start the process of publication sooner.
LLCs in New York are pretty suitable not only for the first-time entrepreneur but also for women entrepreneurs as well. If you’re a first-time entrepreneur, then you might get an easy loan for business formation purposes. On the other side, women entrepreneurs can get tax benefits.
How Fast Can I Form an LLC in New York
If you have filed for LLC in New York via mail it may take up to 3-5 business days. When applying online, it will be processed immediately, once approved.
Creating an LLC in New York is a quick and simple process. Whether you are new to the business world or a seasoned professional, you can be up and running in New York in just a few days. New York is home to a variety of industries, including finance, entertainment, technology, and media. It also ranks as one of the world’s strongest economies.
If you are looking to form an LLC in New York, you must first decide on the name. The name must be unique and easy to remember. You also want to make sure it isn’t already being used. If you choose a name that is already in use, your LLC may be rejected. To ensure that the name you choose is available, you can check the name availability using the New York business entity search tool. Alternatively, you can reserve a name for 60 days with the state.
Once you have chosen a name, you’ll need to register the name with the state. This can be done online or by mail. To register the name, you’ll need to provide a $20 filing fee. The fee will put a 60 day hold on the name.
Once the name is registered, you’ll need to choose a registered agent. Your registered agent will receive legal mail for your LLC and will be responsible for filing annual reports with the state. You’ll also need to make sure that your registered agent has a physical address in New York. If your registered agent does not have a New York address, you’ll need to provide another registered agent.
To register an LLC in New York, you’ll need to file Articles of Organization. You can file these online, but it’s advisable to submit them by mail. Depending on the state, the time it takes to process your documents may vary. For example, in the slowest states, routine processing can take four to six weeks. However, some states provide expedited services. Depending on the state, you may be required to pay a fee for the expedited service.
Once you’ve completed your Articles of Organization, you’ll need to send them by fax or mail to the Department of State. You’ll also need to file a Certificate of Publication with the state. The state requires that you publish the date and location of the LLC’s formation in two New York newspapers for six weeks.
In addition to these requirements, you’ll also need to file an annual report with the state. Depending on the state, this may be filed by a member, manager, or an officer of the company. In some states, you’ll need to file this report by the end of the month of registration.
You can form an LLC in New York in as little as three to five business days if you file your documents online. However, you’ll need to send a check for the filing fee. The Department of State will also provide you with a filing receipt. You can find this receipt through a Google search.
If you are a resident of New York, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.
Apart from the formation fee of $200 (domestic LLC) and $250 (foreign LLC), LLC costs in New York include $9 for Biennial Reports every year. LLCs are liable to pay sales tax of 4% every year.
It takes no time (immediately) to get a New York LLC if you file it online. For the mail filing, it takes 3 to 5 business days to get an LLC. If you hire a professional LLC service, then it might take less than that. We recommend TailorBrands, which has an impeccable turnaround time.
Every year all the LLCs have to submit an Annual Report and pay $9 every 2 years to the New York Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.
Generally, for LLCs, it is a default tax structure. Once you obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the New York Classification of LLC Tax.
LLCs are easier to establish than other business structures. Small businesses, especially start-ups, can easily start an LLC in the state of New York at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.