Starting a New York LLC is straightforward. You file paperwork with the New York Department of State, pay the $200 filing fee, and wait for approval. No lawyer required.

This guide walks you through the entire process step-by-step, including costs, timelines, required forms, and common mistakes to avoid.

💡 Did You Know? New York requires LLC publication in two newspapers for six consecutive weeks within 120 days of formation. This is the most expensive LLC requirement in the country.

⏱️ Time Investment: 1-2 hours to complete paperwork. 5-7 days for state processing.

Step-by-Step Guide to Forming a New York LLC

Choose Your LLC Name

Your New York LLC name must:
- Include "Limited Liability Company," "LLC or L.L.C."
- Be distinguishable from existing New York businesses
- Not contain restricted words (bank, insurance, corporation) without approval
Check name availability: New York Department of State Business Search

⚠️ Common Mistake: Don't skip the name search. If your name is too similar to an existing business, your filing will be rejected and you'll lose the $200 fee.
Appoint a Registered Agent

New York requires every LLC to have a registered agent—a person or company authorized to receive legal documents on behalf of your business.

Requirements:
- Must have a physical New York address (no P.O. boxes)
- Must be available during normal business hours
- Can be yourself, a partner, or a professional service
Cost: $0 if you act as your own agent. Professional services cost $100-300/year.
File Articles of Organization

This is the official document that creates your LLC. You'll submit it to the New York Department of State.

Required information:
- LLC name
- Purpose of business (can be general)
- Registered agent name and address
- Management structure (member-managed or manager-managed)
- Principal office address
How to file:
- Online: New York Department of State Online Filing (fastest)
- Mail: Download and mail completed form (slower)
Filing Fee: $200 (non-refundable)
Visit New York Department of State
Publish Your LLC (New York Requirement)

Within 120 days of formation, you must publish a copy of your Articles of Organization (or a notice) in two newspapers (one daily, one weekly) in the county where your LLC's office is located, for six consecutive weeks. After publication, file a Certificate of Publication with the Department of State ($50 fee). Total publication cost: $500-2,000+ depending on county (Manhattan is the most expensive).

⚠️ Important: This is a mandatory requirement in New York. Failure to publish may result in your LLC losing its ability to bring lawsuits in state courts.
Create an Operating Agreement

While not always legally required, an Operating Agreement is highly recommended. It defines ownership percentages, profit distribution, management structure, and procedures for adding/removing members.

Why you need it:
- Protects your limited liability status
- Prevents disputes between members
- Required by most banks to open a business account
💡 Pro Tip: Even if you're a single-member LLC, create an Operating Agreement. It strengthens the legal separation between you and your business.
Get an EIN (Employer Identification Number)

An EIN is like a Social Security number for your business. You need it to open a bank account, hire employees, and file taxes.

How to get it: Apply free online at the IRS website. Takes 10 minutes, receive immediately.

Cost: $0 (free from the IRS)

⚠️ Scam Alert: Third-party services charge $50-200 for EIN applications. Don't pay. The IRS does this for free.
Annual Reporting

Good news! New York does not require annual reports for LLCs, saving you time and money on ongoing compliance.

✓ Advantage: No annual report means less paperwork and lower ongoing costs compared to many other states.

Complete Cost Breakdown

Item	Cost	When Due
Articles of Organization	$200	At filing
EIN (Federal Tax ID)	$0	Anytime
Registered Agent (if using service)	$100-300	Annual
Publication Requirement	$100-2,000+	One-time (within 60-120 days)
TOTAL (First Year, DIY)	$200	—

Note: Optional costs like registered agent services ($100-300/year) and business licenses (varies by city/industry) are not included in the minimum total.

Timeline: How Long Does It Take?

Step	Time Required
Choose name and check availability	15 minutes
Complete Articles of Organization	20-30 minutes
State processing	5-7 days
Create Operating Agreement	1-2 hours
Get EIN from IRS	10 minutes (instant online)
Publication requirement	3-6 weeks
TOTAL	5-7 days (plus paperwork time)

Common Mistakes to Avoid

1. Skipping the Operating Agreement

Banks often won't open business accounts without one. Plus, it protects you in disputes and strengthens your liability protection.

2. Not Separating Personal and Business Finances

Open a dedicated business bank account immediately. Mixing personal and business funds can "pierce the corporate veil" and eliminate your liability protection.

3. Forgetting Ongoing Compliance

While New York doesn't require annual reports, you still need to maintain your LLC properly—keep records, file taxes, and maintain your registered agent.

4. Using Your Home Address as Registered Agent

Your registered agent address is public record. If you value privacy, consider using a professional registered agent service or a business address.

5. Paying Third-Party "EIN Services"

Scammers charge $50-200 to file for your EIN. The IRS does this for free at irs.gov. Never pay for an EIN.

6. Ignoring the Publication Requirement

New York requires you to publish notice of your LLC formation. This is unique to only a few states and catches many new business owners off guard. Budget for this expense and don't miss the deadline.

New York LLC Tax Information

New York imposes state income tax at individual rates (4-10.9%). New York City residents pay additional city tax.

Federal taxes: By default, LLCs are "pass-through" entities—profits pass through to your personal tax return. Single-member LLCs are taxed as sole proprietorships. Multi-member LLCs are taxed as partnerships. You can also elect S-corp or C-corp taxation if beneficial.

💡 Tax Tip: Consider consulting a CPA familiar with New York tax law. The right tax structure (default, S-corp, or C-corp election) can save you thousands annually.

Do You Need a Lawyer?

Short answer: No.

Forming a New York LLC is simple enough to do yourself. The forms are straightforward, and the New York Department of State website has instructions.

When you might want a lawyer:

Complex ownership structures (multiple members with different equity stakes)
High-risk industries (healthcare, finance, construction)
Significant startup capital or investor involvement
You want custom Operating Agreement provisions

Typical lawyer cost: $500-1,500 for LLC formation services.

New York LLC Checklist

Choose LLC name and verify availability
Appoint a registered agent with a physical New York address
File Articles of Organization with $200 fee
Complete publication requirement
Create an Operating Agreement
Apply for EIN with the IRS (free)
Open a business bank account
Obtain any required business licenses for your city/industry
Set up accounting to separate business and personal finances

Frequently Asked Questions

Can I form a New York LLC if I don't live in New York?

Yes. You can form a New York LLC from any state or country. However, you'll need a registered agent with a physical New York address.

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

The state filing fee is $200. Add $0 for your EIN (free from IRS). If you use a professional registered agent, add $100-300/year. Total minimum DIY cost: $200.

How long does it take to form an LLC in New York?

State processing typically takes 5-7 days. The paperwork itself takes 1-2 hours to complete.

What's the difference between member-managed and manager-managed?

Member-managed: All LLC owners (members) make day-to-day decisions. Most common for small businesses.

Manager-managed: Members appoint one or more managers to run the business. Used when some members are passive investors.

Do I need a business license in New York?

It depends on your city and industry. After forming your LLC, check with your local clerk's office for required permits or licenses. Professional services may need state-level licensing.

Can I convert my sole proprietorship to an LLC?

Yes. Form a new LLC and transfer your business assets. Update your licenses, permits, contracts, and bank accounts with your new LLC name.

How is a New York LLC taxed?

New York imposes state income tax at individual rates (4-10.9%). New York City residents pay additional city tax. At the federal level, LLCs are pass-through entities by default. You can elect S-corp or C-corp taxation if it's more beneficial.

What happens if I don't maintain my LLC?

While New York has minimal ongoing requirements, failing to maintain your registered agent or file required tax returns can lead to administrative dissolution.

Why Choose New York for Your LLC?

✓ New York LLC Advantages:

Filing fee: $200
Processing time: 5-7 days
Ongoing costs: $9/2 years
No annual report requirement

Other State LLC Guides

Comparing states? Check out our other popular LLC guides:

Additional Resources

🎉 Ready to Start? You now have everything you need to form your New York LLC. The process is straightforward—just follow the steps above and you'll be up and running in 5-7 days.

Last updated: February 27, 2026
Information verified with New York Department of State and IRS guidelines. Contact the New York Department of State at (518) 473-2492 for the most current information.