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, for corporations, basic officer information 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.
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, LLCs that meet the definition of "reporting company" under the NY LLC Transparency Act will also need to handle ownership disclosures or file an attestation of exemption.
Organizations that hold property for charitable purposes, engage in charitable activities, or solicit charitable contributions in New York must register with the Charities Bureau and file Form CHAR500 annually.
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. Processing times vary based on the current workload.
If your organization is registered with the Charities Bureau, you file annually with the Attorney General's Charities Bureau.
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 fee whether you file your corporation's or LLC's biennial statement online or by mail.
Nonprofits face a different reality. Your fee scales with net worth and registration type, ranging from $25 to $1,500. 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.
The required details differ significantly by entity type:
For corporations, the Department of State requires:
For LLCs, the requirements are simpler:
Note: The biennial statement does not update your registered agent information. To change your registered agent, you must file a separate Certificate of Change.
Nonprofits must provide a full board roster, revenue figures, and their IRS Form 990 package. The Charities Bureau will not accept IRS Form 990-N as sufficient for New York filing; organizations that only filed 990-N with the IRS must file at least a 990-EZ with the Charities Bureau.
If your nonprofit's total revenue and support exceed $250,000, you must include a CPA review report. If revenue exceeds $1,000,000, an audit report is required.
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. These must be different individuals.
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. NYDOS instructs filers not to file before the due month. New York only accepts filings during your entity's anniversary month. The filing period is the calendar month in which the biennial statement is due.
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.
To change your registered agent or service of process address, file the appropriate Certificate of Change through the same DOS site to prevent service-of-process notices and bank correspondence from going to the wrong address.
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.
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 through automated deadline tracking and pre-filled forms that populate your entity data. Our platform monitors all your New York entities and handles submissions before deadlines hit.
Ready to streamline your New York compliance? Book a demo with Discern.
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