New York's "annual report" isn't annual at all, and this is a source of confusion for many business owners. If you run a corporation or LLC, the state wants a Biennial Statement, filed every two years, not annually. It's a simple form confirming your address and registered agent through the Department of State's online portal.
Nonprofits face a completely different set of requirements. You must submit Form CHAR500 annually to the Attorney General's Charities Bureau, along with your IRS 990 and required financial statements. Larger charitable organizations with revenue exceeding $250,000 now face dual requirements: the same package goes to both the Attorney General and the Department of State.
Understanding which filing category you fall into is crucial for maintaining compliance. If your organization does business in New York, you'll either submit a biennial statement with the Department of State or an annual CHAR500 with the Charities Bureau.
Business corporations (both domestic and foreign) must submit a Biennial Statement every two years. Limited Liability Companies face the same biennial requirement, but starting in 2026, most will also need to handle ownership disclosures under the New York LLC Transparency Act. Professional corporations file the standard biennial statement while maintaining compliance with their professional licenses.
Nonprofit organizations that solicit in New York file the annual Form CHAR500 with the Charities Bureau. Higher-revenue charities must send the same package to the Department of State as well.
Some entities are exempt from these requirements:
New York doesn't care who presses "submit" as long as an authorized person does it. That can be you as an owner or officer, your registered agent, outside counsel, or a third-party compliance service. Whoever files must have the authority to bind the entity and access to accurate, up-to-date information.
The filing process varies depending on your entity type, but New York has streamlined both pathways to make compliance relatively straightforward.
The Department of State encourages online filing because your form posts to the public database within days, and the fee stays locked at $9. Here's the process:
The portal operates Monday through Friday, 6:00 a.m. to 7:30 p.m. Eastern Time. After submission, download your PDF confirmation. Online filings typically post within one to three business days.
If your organization solicits charitable contributions in New York, you file annually with the Attorney General's Charities Bureau instead.
You can still mail paper forms, but expect several weeks before the state updates your status. If you're racing a banking deadline or grant cycle, stick with online portals. In-person filing is technically possible at the Albany counter, but it offers no same-day processing advantage and requires travel.
New York's filing schedule creates confusion because different entity types follow completely different timelines. Understanding your specific deadlines prevents the costly consequences of delinquent status.
New York maintains straightforward fee structures that have remained unchanged for years. Unlike some states that impose a franchise tax in addition to report fees, New York keeps things simple. You'll pay a flat $9 whether you file your corporation's or LLC's biennial statement online or by mail.
Nonprofits face a different reality. Your fee scales with revenue: a small community group pays $25, while larger organizations can pay up to $750. The Charities Bureau ties this directly to your latest IRS 990, so double-check those revenue figures before submitting.
Before opening New York's filing portal, gather all the data points the state will request. This preparation saves you from mid-form scrambling and prevents rejected submissions.
For every entity, the Department of State wants the basics:
A P.O. Box won't work for the principal address, as New York insists on a street location so legal notices can actually reach you.
The required details diverge by entity type from there.
Online biennial statements accept a single electronic sign-off from any authorized officer, member, or manager. CHAR500 filings are stricter: both the president (or another authorized officer) and the chief financial officer must e-sign.
Missing New York's annual report deadline triggers immediate consequences that escalate quickly. The state flags your entity as "delinquent," creating operational restrictions that can severely impact your business activities. This includes:
Reinstatement is possible but requires immediate action. Corporations and LLCs must file all overdue statements and pay $9 per filing, with good standing typically restored within days. Nonprofits face a more complex process: submit every missing form, attach corresponding IRS Forms 990, and pay all accumulated penalties before the Charities Bureau lifts solicitation bans.
Can I file my biennial statement early?
No. New York only accepts filings during your entity's anniversary month. Try to submit earlier, and the system will reject it.
What happens if my LLC or corporation information changes after filing?
Your biennial statement creates a snapshot of your entity at filing time, but you can update details later. File the appropriate amendment, like a Certificate of Change for address updates, through the same DOS site to prevent service-of-process notices and bank correspondence from going to the wrong address.
How do I verify my entity is in good standing with New York?
Search your name or DOS ID in the state's Corporation & Business Entity Database. If it shows "active" with no past-due statements, you're good to go.
Can third parties file on my behalf?
Yes. Registered agents, attorneys, and compliance services handle these filings regularly. Just make sure whoever signs has proper authorization.
How do I check if my biennial statement is due?
Look up your formation or authorization month in the state database. Your statement comes due in that same month every other year.
New York's biennial filing deadlines don't adjust for busy schedules or complex entity portfolios. When managing multiple corporations and LLCs across different fiscal years, manual tracking poses a compliance risk that can lead to administrative dissolution or loss of good standing.
Discern eliminates this complexity by automatically pulling your entity data from the Department of State database and scheduling biennial deadlines two years in advance. When filing windows open, pre-filled forms appear in your dashboard with stored addresses and officer information.
Ready to streamline your New York compliance? Book a demo with Discern.
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