Starting a New York LLC involves writing a $200 check to the Department of State for the Articles of Organization, as outlined in the fee schedule. Then comes the dreaded publication requirement: your LLC must appear in two newspapers for six consecutive weeks, followed by filing a Certificate of Publication.
The certificate costs an additional $50, while newspaper ads typically range from $500 to $1,500, varying by county and publication rates. This makes the publication requirement your biggest variable expense when launching a New York LLC. Two additional expenses are required to keep your LLC compliant. Every two years, you'll submit a Biennial Statement, accompanied by a $9 fee, to update your company information. Most LLCs also pay New York’s franchise tax.
New York keeps it straightforward: whether you file online or mail in paperwork, you pay the same $205 to form your LLC. This combines the $200 Articles of Organization fee with a $5 copy fee, paid directly to the Department of State. You can pay an additional fee for faster processing, but the base price remains the same.
The real cost comes next. Within 120 days of forming your LLC, you must complete New York's publication requirement: six weeks of ads in two local newspapers. After this, file a Certificate of Publication.
The state charges $50 for this filing, but the newspaper rates are the budget buster, ranging from $500 to $1,500, depending on your county. These costs often exceed the formation fee itself, so include them in your startup budget from the outset.
Every two years, you'll also file a biennial statement. At $9, it's minimal, but missing it risks penalties. Lastly, budget for an annual fee tied to your New York-source gross income. Combined, these costs make New York more expensive than most states.
The comparison makes New York look expensive. Even Massachusetts, with its hefty $500 filing fee, charges a flat $520 annual report rather than a sliding income tax.
Many business owners accept the premium for what New York offers: direct access to the world's largest consumer market, unmatched connections to venture capital, and deep pools of specialized talent across finance, media, and technology.
If you plan to hire locally or seek New York investors, forming in-state simplifies banking, licensing, and compliance. You'll pay more upfront and yearly, but the business advantages often justify the extra expenses.
Beyond the $200 Articles of Organization fee, several additional costs can accumulate quickly during and after the formation process. This includes:
These additional fees often exceed the initial filing fee when combined. Smart budgeting accounts for both immediate formation costs and potential future amendments or expansions to maintain healthy cash flow throughout your LLC's lifecycle.
When do I pay the filing fee for a New York LLC?
You pay the full $200 when submitting your Articles of Organization, online or by mail. The Certificate of Publication requires another $50 filing fee, plus newspaper costs, all within 120 days of formation.
Can I get a refund if my filing is rejected?
New York considers filing fees earned once processing begins. Rejected filings typically get a credit toward resubmission rather than cash back. Consider the money spent once you submit.
Are there any discounts available for New York LLC filing fees?
No. The state doesn't offer discounts, waivers, or small-business breaks on statutory fees.
What happens if fees increase after I start my application?
The fee in effect when the Department of State receives your complete filing determines what you pay. Submit error-free documents with payment to lock in current rates.
Do I need to pay the publication requirement fee if I form my LLC in another state?
Yes. When you register that out-of-state entity as a foreign LLC in New York, you face the same publication requirement and $50 Certificate of Publication fee.
New York's $200 filing fee is just the beginning. Adding expedited processing options, biennial statements, and ongoing income-based annual fees makes New York one of the most expensive states for forming an LLC.
Discern handles New York's LLC filing process with transparent pricing and ensures compliance with all requirements. Ready to form your New York LLC without the fee complexity? Get started with Discern today.
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