How to Form an LLC in New York

Steps to Form Your New York LLC

1. 1

   Choose Your LLC Name

   Must include "LLC" or "Limited Liability Company." Search the Department of State website to confirm availability. Cannot be the same as an existing business in New York.

2. 2

   Designate a Registered Agent

   Must have a physical address in New York. Can be yourself, a friend, or a registered agent service ($50-300/year). This person receives legal documents on behalf of your LLC.

3. 3

   File Articles of Organization

   File with the Department of State. Fee: $200. Processing: 7-14 business days. File online →

4. 4

   Get an EIN (Federal Tax ID)

   Free from the IRS. Takes 5 minutes online. Required for bank accounts, hiring, and tax filing. See our EIN guide →

5. 5

   Create an Operating Agreement

   Not required in all states but strongly recommended. Defines ownership percentages, profit distribution, management structure, and what happens if a member leaves.

6. 6

   Open a Business Bank Account

   Keeps personal and business finances separate. Bring your EIN, Articles of Organization, and Operating Agreement to any bank. Required to maintain LLC liability protection.

New York Tax Info for LLCs

4-10.9% graduated income tax + NYC tax if applicable

Publication requirement — must publish in 2 newspapers for 6 weeks (costs $1,000-2,000 in NYC, less elsewhere). This is the real cost of a NY LLC.

Ongoing Requirements

• • Annual/Biennial Report: $9/year
• • Filing Entity: Department of State
• • Registered Agent: Must maintain one in New York at all times
• • Tax Filing: Federal return (Form 1065 for multi-member, Schedule C for single-member) + state return if applicable