Starting a business in New York? Forming an LLC is a smart move if you want to protect your personal assets while keeping operations flexible and streamlined. From boutique wineries in the Finger Lakes to tech startups in Albany, LLCs are a popular choice across the state. But before you can start booking clients or making sales, you’ll need to tackle a few state-specific steps.
In this guide, we’ll walk you through how to start an LLC in New York state so you can launch your business with confidence.
How to start an LLC in New York in 6 steps
To start an LLC in New York, you need to: choose a business name, get a domain and optional DBA, appoint a registered agent, file Articles of Organization, meet the state’s publication requirement, create an operating agreement, and apply for an EIN.
Forming an LLC is a key part of learning how to start a business in New York. While the process isn’t complicated, the state does have a few unique requirements, including publishing your LLC formation in local newspapers. The full process usually takes a few weeks and costs a minimum of $200, plus publication fees. Here’s what you’ll need to do to launch your LLC the right way.
Choose a name for your LLC
The first step in NY LLC formation is picking a name that’s available and follows New York’s naming rules. The name must be distinguishable from existing businesses and include “Limited Liability Company,” “LLC,” or “L.L.C.” You can check availability using the New York Corporation and Business Entity Database. For extra guidance, use these LLC naming tips to brainstorm a name that works now and grows with you later.
Get your business domain name
After you’ve locked in a business name, your next move is securing the matching domain. Even if you’re not building your website right away, owning the domain protects your brand and keeps anyone else from scooping it up. To start, register a domain name that matches or complements your LLC name. If your exact match is taken, try slight variations that include your location or niche.
Get a DBA
What is a DBA? A DBA — short for “Doing Business As” — lets your LLC operate under a different name than the one you filed with the state. This can be useful for marketing purposes or if you want to run multiple brands under a single LLC. Filing for a DBA in New York as an LLC typically costs $25, but some counties may have additional fees.
Appoint a registered agent
Every LLC in New York is required to have a registered agent — someone who can receive legal notices, tax documents, and government correspondence on behalf of your business. In New York, the Secretary of State is automatically designated as your registered agent when you file your Articles of Organization. However, you can also choose to list a secondary registered agent for added flexibility. Your registered agent must:
- Be a legal resident or authorized business in New York
- Have a physical street address in New York (no P.O. Boxes allowed)
- Be available during regular business hours to receive documents
You can name yourself, a business partner, or hire a professional service. Choosing a registered agent service can be a good idea if you work from home, have nontraditional hours, or want to keep your address private.
Related: What is a registered agent
File Articles of Organization
Filing Articles of Organization is the official step that makes your LLC a legal business entity in New York. You’ll need to submit Form DOS-1336 to the New York Department of State. This form includes:
- Your LLC’s legal name
- The county where your office is located
- Your registered agent information
- An optional statement about management structure or purpose
You can file online or by mail, and the filing fee is $200. Once your Articles are accepted, you’ll receive a stamped copy to confirm that your LLC is officially recognized by the state.
Meet the publication requirement
New York has a unique rule: LLCs must publish a notice of formation in two newspapers (one daily, one weekly) for six weeks. These newspapers must be assigned by the county clerk where your LLC is based. Once the publication period is complete, you’ll receive affidavits of publication from the newspapers. You’ll then need to submit a Certificate of Publication to the Department of State, along with a $50 filing fee.
Create an operating agreement
New York law requires LLCs to adopt a written operating agreement, even if you’re a single-member LLC. This document lays out how your business will run and should include:
- Ownership structure
- Member roles and duties
- Profit and loss distribution
- Voting procedures
- Rules for adding or removing members
- What happens if you dissolve the business
You don’t have to file this agreement with the state, but you should keep it in your business records.
Get an EIN
An EIN (Employer Identification Number) is your business’s federal tax ID. It is issued by the IRS and used to identify your LLC, similarly to a Social Security Number. You’ll need an EIN to:
- Open a business bank account
- Hire employees
- Apply for business licenses
- File federal and sometimes state taxes
- Establish business credit
Even if you don’t have employees, most banks require an EIN before you can open a business checking account. The IRS also requires your New York LLC to have an EIN if it has more than one member.
You can apply for an EIN online through the IRS website. It’s a simple process that usually only takes a few minutes to complete. Not sure if you need one yet or how it compares to other ID numbers? Read our TIN vs. EIN guide for more information.
How long does it take to get an EIN?
If you apply online through the IRS, you’ll typically receive your EIN immediately after submitting your completed application.
How much does an EIN cost?
Applying for and maintaining an EIN through the IRS is completely free.
How much does it cost to start and run an LLC in New York
Starting and maintaining an LLC in New York comes with a few upfront and ongoing costs. They can vary by LLC type and location, but you can generally expect:
- Articles of Organization filing fee: $200 (one-time, paid to the Department of State)
- Publication requirement: $300–$1,200+, depending on the newspaper
- Certificate of Publication filing fee: $50
- Biennial Statement fee: $9 (filed every two years)
- Registered agent service (optional): $100–$300/year if you hire a third-party
- DBA registration (optional): $25, depending on your county
- State filing taxes: New York LLCs classified as partnerships or disregarded entities may pay an LLC filing fee of $25–$4,500 annually, based on income
- Sales tax and employer taxes: Required if applicable to your business type
What happens after your LLC is up and running
Once your NY LLC is officially formed, there are a few important follow-up steps to check off your list. These steps help protect your business, keep you compliant with state regulations, and set the stage for long-term success.
Open a business bank account
One of the first things you’ll want to do once you open an LLC in NY is secure a dedicated business bank account. This keeps your business finances completely separate from your personal ones, which is essential for clean bookkeeping, tax reporting, and maintaining the liability protection your LLC provides. Most banks will ask for:
- Your Employer Identification Number (EIN)
- A copy of your Articles of Organization
- Your operating agreement
A business account also helps you build credit under your company’s name, which can be helpful when applying for loans or lines of credit.
File for permits and required business licenses
Depending on what kind of business you’re starting, you may need local, state, or federal licenses and permits. This is especially true if you’re selling goods, working in food service, offering professional services, or operating in a regulated field. Not sure what applies to you? Use the NY Business Wizard to see which licenses or permits you may need based on your industry and location.
File biennial reports
Every LLC in New York must file a Biennial Statement with the Department of State every two years. It costs $9 and confirms your contact info is still accurate. You can file it online through the state’s business portal.
Things to know about New York LLCs
Before you wrap up your LLC to-do list, there are a few ongoing requirements and lesser-known rules you’ll want to keep in mind. These aren’t part of the initial NY LLC formation steps, but they’re essential for keeping your business compliant and running smoothly over the long haul. Missing a deadline or skipping a filing could result in penalties — or even risk your LLC status — so it’s worth getting familiar with what comes next.
File state taxes for New York LLC
Most New York LLCs operate as pass-through entities, which means the business itself doesn’t pay income tax. Instead, members report profits or losses on their personal tax returns.
However, New York still requires certain LLCs to pay an annual filing fee. If your LLC is classified as a partnership or disregarded entity for tax purposes, you’ll owe a fee ranging from $25 to $4,500, depending on your gross income. LLCs that elect corporate tax status may also be subject to corporate franchise tax. For a deeper dive into what you’ll need to file, see our full guide to filing taxes for an LLC.
File the BOI Report
Starting in 2024, most New York LLCs must file a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN). This federal rule is part of an effort to prevent financial crimes and increase transparency. The report identifies the individuals who own or control your LLC. Filing is free and usually only needs to be done once unless your ownership structure changes. You can submit it online through the FinCEN website.
Conclusion
Starting an LLC in New York state may come with a few extra steps, but the protection and professionalism it offers are well worth it. With the right name, paperwork, and follow-through, you’ll be ready to run your business with confidence. Use this guide as your checklist — and when you’re ready to take things online, GoDaddy’s here to help with everything from registering your domain to building your website.
Frequently Asked Questions
How much tax does an LLC pay in NY?
LLCs in New York don’t pay state income tax at the business level — profits pass through to the owners’ personal tax returns. However, your LLC may owe an annual filing fee ranging from $25 to $4,500, depending on your income. Additional taxes may apply if you sell goods, have employees, or opt for corporate tax treatment.
How much does it cost to set up an LLC in New York?
The base cost to form an LLC in New York is $200 for the Articles of Organization, as well as at least $300 to meet the publication requirements, and $50 for the Certificate of Publication filing fee. Optional services like a registered agent or DBA registration may add to your total.
How long does it take to set up an LLC in NY state?
If you file online, the state usually processes your Articles of Organization within 1–2 business days. Mail filings can take a few weeks. Don’t forget to account for the six-week publication period, which happens after your LLC is approved.
