LLC Annual Filing Requirements in New York

Learn about annual report and tax filing requirements for New York LLCs.

By , Attorney
Need Professional Help? Talk to a Business Law Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

If you want to start and run a New York limited liability company (LLC), you'll need to prepare and file various documents with the state. This article covers the most important ongoing reporting and state tax filing requirements for New York LLCs.

Annual Report

Unlike most other states, New York does not require LLCs to file an annual report. However, New York does require many LLCs to pay an annual fee (see below).

State Business Taxes and Fees

When it comes to income taxes, most LLCs are so-called pass-through tax entities. In other words, the responsibility for paying federal income taxes passes through the LLC itself and falls on the individual LLC members. In most states, LLCs themselves do not pay income taxes, only their members do.

New York, however, imposes an annual filing fee on both typical single-member LLCs (with the default tax status of disregarded entity) and typical multi-member LLCs (with the default tax status of partnership). The amount of the filing fee varies depending on your LLC's gross income sourced from New York in the immediately preceding tax year. Some LLCs, such as those without any income, gain, loss, or deduction from New York do not need to pay the fee. The fee can range from $25 to $4,500. The fee is paid to the Department of Taxation and Finance (DTF; often just called the Tax Department) using Form IT-204-LL. The form must be filed within 60 days after the last day of your LLC's tax year. For more details, check the DTF website.

In some cases, owners of LLCs choose to have their businesses treated like a corporation for tax purposes (instead of as a partnership or disregarded entity). This choice is made by filing IRS Form 2553 with the IRS. (See the IRS website for the form.) Unlike the default pass-through tax situation, when an LLC elects to be taxed as a corporation, the company itself must file a separate tax return. The State of New York, like almost every other state, directly taxes corporations based (typically) on their income. New York's corporation tax rules are relatively complicated and there are multiple ways that corporations may be taxed. However, in general, if you have elected to have your LLC taxed as a corporation, your LLC will need to pay some kind of tax to the state. For more details, check Nolo's article, 50-State Guide to Business Income Tax, or the DTF website.

State Employer Taxes

Does your LLC have employees? If so, you'll need to pay employer taxes. Some of these taxes are paid to the federal government (the IRS) and are not covered here. (But note that federal employer tax obligations start with obtaining a federal employer identification number (EIN).) However, New York employers also must pay taxes to the state.

First, you'll need to withhold and pay employee income taxes to the DTF. Begin by registering your business with the Department of Labor (DOL) either online or on paper (Form NYS-100). Once you've registered, you'll need to file withholding taxes on a periodic basis (the frequency depends in part on how much payroll you have). Use Form NYS-1 to file your payments. For more information, check the DOL website.

In addition, you'll probably need to register to pay state unemployment insurance (UI) taxes . These taxes are handed through the Unemployment Insurance Division of the DOL. You can register for these taxes online or by filing Form NYS-100. Then, on a quarterly basis, you'll need to file Form NYS-45. For more information, check the Unemployment Insurance Division website.

Sales and Use Taxes

If your LLC will sell goods to customers in New York, you will need to collect and pay sales tax. This means you'll have to register as a sales tax vendor with the DTF and then make periodic sales tax payments for goods sold. You can register using Form DTF-17 or online at the NYS License Center website. After you've registered, you'll be sent a sales tax certificate of authority for each business location. Then, each year or quarter (depending on the amount of sales you make), you'll have to file Form ST-101 or ST-100 with the DTF. For more information, check the DTF website.

Registration in Other States

If you will be doing business in states other than New York, you may need to register your LLC in some or all of those states. Whether you're required to register will depend on the specific states involved: each state has its own rules for what constitutes doing business and whether registration is necessary. Often activities such as having a physical presence (a business location) in a state, hiring employees in a state, or soliciting business in a state (such as by telephone, print ads, mail, or the Internet) will be considered doing business for registration purposes. Registration usually involves obtaining a certificate of authority or similar document.

For more information on the requirements for forming and operating an LLC in New York, see Nolo's article, 50-State Guide to Forming an LLC, and other articles on LLCs in the LLC section of the Nolo website.

Get Professional Help
Talk to a Business Law attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you