How to Set Up an LLC in New York: A Step-by-Step Guide
A practical guide to forming a New York LLC, covering state fees, the publication requirement, EIN, and how to keep your total costs low.
New York is one of the more expensive states to form an LLC. The state filing fee is $200, and there is a publication requirement that can cost anywhere from $300 to over $2,000 depending on which county your registered address sits in. If you plan ahead, you can keep that total well under $600. If you don't, you could easily pay $1,500 or more for the same piece of paper.
This guide walks through every step, every form, and every fee. No fluff.
Why Form an LLC in New York?
Some founders default to Delaware or Wyoming. Those states have real advantages for venture-backed startups and asset-holding structures. But if you live in New York, operate in New York, or have customers and employees in New York, a foreign LLC registration will cost you an extra $250 on top of whatever you paid in your home state. And you still have to pay New York taxes. Forming domestically just makes more sense for most New York-based founders.
Not sure whether an LLC is even the right structure for your situation? Read our breakdown of LLC vs C-Corp before you file anything.
Step 1: Choose a Name
Your LLC name must include 'Limited Liability Company', 'LLC', or 'L.L.C.' New York also prohibits certain words without additional approvals: 'bank', 'attorney', 'university', and about 50 others listed in Section 204 of the LLC Law.
You can check name availability free at the New York Department of State's corporation search tool. Names are case-insensitive and checked against the full state database. Reserve one for $20 if you need to hold it for up to 60 days before filing.
Step 2: Appoint a Registered Agent
New York requires every LLC to designate a registered agent with a physical New York address. This can be you personally, a member of the LLC, or a commercial registered agent service.
Here is the part most guides skip: the county your registered address is in determines your publication costs. New York City counties (New York, Kings, Queens, Bronx, Richmond) have newspaper rates that can push your publication bill above $1,500. Albany County rates run far lower, often $75 to $150 total across both required newspapers.
EntityEngine uses a registered address in Albany. That single decision keeps the publication step from becoming a budget problem. You can see exactly how this factors into total pricing on our pricing page.
Step 3: File the Articles of Organization
File Form DOS-1336 (Articles of Organization) with the New York Department of State. The filing fee is $200. You can file online, by mail, or in person.
Required information:
- LLC name
- County where the registered office is located
- Secretary of State as agent for service of process (this is the default and simplest option)
- Effective date (optional; defaults to the filing date)
Processing time is roughly 7 business days for standard filing. Expedited processing costs an extra $25 for 24-hour turnaround or $75 for same-day.
Step 4: Satisfy the Publication Requirement
This is the step that catches people off guard. Once your LLC is approved, you have 120 days to publish a notice of formation in two newspapers in the county of your registered address. One must be a daily newspaper, one must be a weekly.
The newspapers are designated by the county clerk, not by you. You contact the clerk's office (or use a service), they tell you which papers to use, and you pay those papers directly.
After publication, each newspaper sends you an Affidavit of Publication. You then file a Certificate of Publication with the Department of State along with a $50 filing fee.
If you miss the 120-day window, the LLC's authority to conduct business in New York is suspended until you complete it. The LLC still exists, but you cannot legally use it.
Cost summary by county (approximate):
| County | Typical publication cost |
|---|---|
| Albany | $75 to $150 |
| Erie (Buffalo) | $200 to $400 |
| Monroe (Rochester) | $300 to $600 |
| New York (Manhattan) | $1,200 to $2,000+ |
| Kings (Brooklyn) | $1,000 to $1,800+ |
Using Albany as your registered address when you form the LLC is the most reliable way to minimize this cost.
Step 5: Get an EIN
An Employer Identification Number is how the IRS identifies your LLC for tax purposes. You need one to open a business bank account, hire employees, and file most business tax returns.
Apply using Form SS-4. Online applications for US-based founders are processed immediately. Foreign founders without a Social Security Number apply by fax or phone and typically wait 4 to 6 weeks.
Our guide on what an EIN is and why your LLC needs one covers the full process, including the phone-based method for international founders.
Step 6: Draft an Operating Agreement
New York actually requires single-member and multi-member LLCs to have a written operating agreement under Section 417 of the LLC Law. It does not need to be filed with the state, but it must exist.
At minimum, your operating agreement should cover:
- Member ownership percentages
- How profits and losses are allocated
- Voting rights and decision-making process
- What happens if a member wants to leave or sell
- Dissolution procedures
Do not skip this. Without it, New York's default LLC rules apply, and the defaults are not always what you want.
Step 7: Open a Business Bank Account
Once you have your Articles of Organization and EIN, you can open a business bank account. Most banks ask for both documents plus your operating agreement.
If you are trying to figure out which bank to use, we compared the major options in our guide to top banking options for new LLCs. Mercury and Relay tend to work well for early-stage companies.
Ongoing Compliance in New York
Biennial Statement
Every two years, New York requires LLCs to file a Biennial Statement with the Department of State. The fee is $9. You will receive a notice by email or mail. Miss it and the state can dissolve your LLC.
State Taxes
New York LLCs that are taxed as partnerships or disregarded entities must file Form IT-204-LL (Partnership, LLC Filing Fee Return) annually. The filing fee ranges from $25 to $4,500 depending on the LLC's New York-source gross income. Single-member LLCs with under $25,000 in New York gross income owe $25.
Federal Tax Obligations
By default, a single-member LLC is a disregarded entity. Multi-member LLCs are taxed as partnerships. Neither pays entity-level federal income tax. Profits pass through to members and are reported on personal returns.
If you want S-Corp treatment to reduce self-employment taxes, you can elect that by filing Form 2553. See our guide on what an S-Corp is for a plain-English explanation of whether that makes sense for your situation.
Form 5472 for Foreign-Owned LLCs
If your LLC is 25% or more owned by a foreign person or entity, you must file Form 5472 along with a pro forma Form 1120 each year. The penalty for failure to file is $25,000 per year. This applies even to single-member LLCs with no US income.
Total Cost to Form a New York LLC
Here is what you are actually spending:
| Item | Cost |
|---|---|
| Articles of Organization filing fee | $200 |
| Publication (Albany county) | $75 to $150 |
| Certificate of Publication filing fee | $50 |
| Registered agent (annual) | $0 to $150 depending on service |
| EIN (DIY) | $0 |
| Total (low end, Albany address) | $325 to $400 |
Compare that to a Manhattan address where publication alone can exceed $1,500, pushing total first-year costs past $2,000 before you have done anything else.
Frequently Asked Questions
How long does it take to form an LLC in New York?
Standard processing is about 7 business days after the Department of State receives your Articles of Organization. Expedited options reduce this to 24 hours ($25 extra) or same-day ($75 extra). The publication process runs separately and takes 6 to 8 weeks from start to filing the Certificate of Publication.
Can I be my own registered agent in New York?
Yes, if you have a physical New York address. But your address becomes part of the public record. Many founders use a commercial registered agent to keep their personal address off the state database and to ensure someone is available during business hours to accept service of process.
What happens if I miss the publication deadline?
The LLC's authority to carry on, conduct, or transact business in New York is suspended. You can still complete publication after the deadline and the suspension lifts, but any contracts you signed during the suspension period can be legally challenged. Get it done within the 120 days.
Do I need a New York business license?
There is no single general 'New York business license.' But depending on your industry (food service, childcare, real estate, financial services, etc.), you may need a state or city-level license. The New York Business Express portal lists requirements by industry and location.
Does an LLC in New York need to pay the annual filing fee even with no revenue?
Yes. The minimum LLC filing fee under Form IT-204-LL is $25 for LLCs with under $25,000 in New York-source gross income. You still have to file and pay even in a year where the business earned nothing.
Forming a New York LLC is straightforward once you know where the costs hide. The publication requirement is the main trap, and choosing an Albany registered address is the most direct way to avoid it. EntityEngine handles the Articles of Organization, registered agent, and publication coordination for you. Start your New York LLC today and we will walk you through every step.
Keep reading
Two more posts worth your time if this one was useful.
What is an EIN and why does your LLC need one?
An EIN is your LLC's federal tax ID. Here's what it does, why your bank will ask for it, and how to get one with or without a US Social Security number.
LLC vs C-Corp: Which entity should you form?
A practical comparison of LLCs and C-Corps for founders: tax treatment, ownership, fundraising, paperwork, costs, and when to convert one to the other.