How to Form an LLC in New York (2026)

1. 1Choose a name for your LLC and verify availability by searching the New York Department of State entity database. Your name must include "Limited Liability Company," "LLC," or "L.L.C."
2. 2Appoint a registered agent with a physical street address in New York. The NY Department of State can also serve as your agent for service of process.
3. 3File Articles of Organization with the New York Department of State. The filing fee is $200. Online, mail, and in-person filing options are available.
4. 4Obtain an EIN (Employer Identification Number) from the IRS at no cost.
5. 5Create an operating agreement. New York legally requires a written operating agreement (NY LLC Law Section 417). This is one of the strictest requirements in the country — it must be in writing.
6. 6Open a business bank account with your Articles of Organization, EIN, and operating agreement.
7. 7Publish your Articles of Organization (or a notice of formation) in 2 newspapers (1 daily and 1 weekly) in the county where your LLC's office is located for 6 consecutive weeks. Then file a Certificate of Publication ($50) with the Department of State. Total publication cost: $200-$2,000+ depending on county.
8. 8Obtain any required business licenses and permits from your city and county.

• ✓Obtain an EIN from the IRS (free, apply online at irs.gov)
• ✓Complete the publication requirement within 120 days (2 newspapers, 6 weeks, then file Certificate of Publication — $50)
• ✓Open a dedicated business bank account
• ✓Register for New York state taxes with the Department of Taxation and Finance
• ✓Get business insurance (general liability at minimum)
• ✓Set up an accounting system to track income and expenses
• ✓Apply for any local business licenses or permits

Your New York LLC name must contain "Limited Liability Company," "LLC," or "L.L.C." Restricted words like "Bank," "Insurance," "Trust," or "Doctor" require additional licensing or approval. The name must be distinguishable from existing business entities in New York. You can reserve a name for 60 days for $20.

New York LLCs are pass-through entities by default. Members pay New York state income tax on their share of profits (rates from 4% to 10.9%). New York City residents also pay NYC income tax (rates from 3.078% to 3.876%). New York does not impose a franchise tax on LLCs, but the publication requirement ($200-$2,000+) is a significant one-time cost. The biennial filing fee is just $9.

LLC vs. other structures in New York

New York has the most expensive publication requirement in the country — expect to spend $200-$2,000+ on newspaper ads depending on your county (Manhattan being the most expensive). Despite the $9 biennial report (cheapest in the US), total formation costs are high. If you fail to publish, your LLC's authority to do business is suspended. Consider whether the publication cost justifies forming in New York vs. a neighboring state.

• •File a biennial statement every 2 years — just $9
• •Maintain a registered agent with a physical address in New York at all times
• •Keep your written operating agreement current — this is a legal requirement in New York
• •File New York state income tax returns for all members receiving pass-through income
• •File NYC income tax returns if any members are NYC residents
• •Renew any local business licenses or permits as required

New York has higher-than-average LLC costs. Weigh the total cost of formation and annual maintenance against your expected revenue before deciding.

In general, you should form your LLC in the state where you physically live and conduct business. Forming in a "tax-friendly" state like Wyoming, Delaware, or Nevada sounds appealing, but if you operate in New York, you will still need to register as a foreign LLC there — paying fees in both states.

An LLC is almost always a better choice than operating as a sole proprietorship because of the personal liability protection it provides. However, if your LLC is highly profitable, you should talk to a CPA about electing S-Corp tax treatment to potentially reduce your self-employment tax burden.

What New York LLC Owners Need to Know

• •New York has the most expensive publication requirement in the country — expect to spend $200-$2,000+ on newspaper ads depending on your county
• •The $9 biennial statement is the cheapest ongoing fee in the US, but the publication cost more than offsets this
• •An operating agreement is legally required in New York and must be in writing (NY LLC Law Section 417)
• •Total first-year cost in NYC can exceed $1,500 when you include filing ($200) + publication ($1,000+) + Certificate of Publication ($50)
• •LLCs outside of major metro areas pay significantly less for publication

Frequently Asked Questions

Official New York Resources

• New York Department of State — Corporations
• Expedited Handling Services
• Publication Requirement Info