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How to Start an LLC in New York

The short answer, the exact fee, and the steps to file in New York.

The Short Answer for New York LLC Owners

Forming an LLC in New York costs $200 up front for the Articles of Organization, on the pricier side compared with most other states. New York keeps its recurring report fee light, and the rest of the process is the same paperwork every state requires: a registered agent, an operating agreement, and a free EIN. New York has a well known publication requirement: after filing, a new LLC generally has to publish notice of formation in two newspapers for six weeks, and that cost is on top of the filing fee shown above, with New York City rates running especially high.

New York LLC Filing Costs at a Glance

The New York Secretary of State collects $200 when you file the Articles of Organization. Budget a registered-agent service on top of that if you want a local address on file without using your own; that typically runs a few hundred dollars a year nationally, separate from anything New York itself charges. On the recurring side, New York keeps its recurring report fee light ($9). Use the LLC cost calculator to get a personalized cost breakdown for a New York LLC.

New York LLC Details

Filing documentArticles of Organization
State filing fee$200
Recurring report fee$9

These are the figures New York itself publishes for LLC formation; confirm the current amount on the New York Secretary of State site before you file, since state fees change.

Steps to Register Your LLC in New York

  1. Confirm your business name is available with the New York Secretary of State and meets New York's LLC naming rules.
  2. Line up a registered agent with a physical New York address who can accept legal mail during business hours.
  3. File the Articles of Organization with New York and pay the $200 state fee.
  4. Draft an operating agreement, even though New York does not require one to be filed.
  5. Apply for a free EIN directly through the IRS once New York confirms your filing, never a paid third party.
  6. Open a dedicated business bank account for your New York LLC, kept separate from personal funds from day one.

How Is LLC Tax Handled in New York?

By default, New York taxes an LLC the same way it would tax a sole proprietorship or partnership: profit passes through to your personal return and there is no separate LLC-level tax just for choosing the structure. Some New York LLC owners later elect S-corp tax treatment once profit is consistently high enough to make the extra payroll paperwork worth it. Run your New York numbers through the LLC tax calculator and the LLC vs sole proprietor calculator before you check if electing S-corp status makes sense yet.

Things to Know Before You Form an LLC in New York

Related Reading for New York LLC Owners

New York LLC FAQs

Should I form my LLC in New York if I do not live or work there?

Usually not, unless you have a specific reason like New York's legal system or tax treatment. If your business actually operates somewhere other than New York, you will likely need to register as a foreign LLC there too, which means paying New York and that other state instead of just one.

Is an LLC automatically taxed differently than a sole proprietorship in New York?

No. By default, a New York LLC is taxed the same way a sole proprietorship or partnership would be. Any tax savings for a New York LLC come from electing S-corp status once profit is high enough, which you can check with the LLC tax calculator.

How long does it take New York to process an LLC filing?

Processing time depends on New York's current workload and whether you file online or by mail; the New York Secretary of State's site lists current turnaround times, since they change throughout the year.

What happens if I never file an operating agreement in New York?

New York does not require you to file an operating agreement with the state, but skipping one leaves your LLC governed by New York's default LLC statute, which may not match how you actually want to run the business.

How much does it cost to start an LLC in New York?

New York charges $200 to file the Articles of Organization, which is on the pricier side compared with most other states. After that, New York keeps its recurring report fee light; use the LLC cost calculator for your full first-year number.

Beyond New York: the 7-step national walkthrough that applies no matter which state you file in. New York's fees are current for 2026; always verify with the New York Secretary of State before you file.
Priya Raman
About the author
Priya Raman

Contributing Writer, Policy & Regulation, Encore Editorial

Priya covers tax, regulation, and compliance: the rules that decide what you can and cannot do, usually filed in an obscure subsection that most people skip. She reads federal register notices in her spare time and is at peace with that being unusual.