A Limited Liability Company (LLC) in New York is a formal structure that protects your home, car, and bank account if your business is sued.
An LLC can be used to run a business or hold assets like real estate, cars, boats, or planes.
A. Search for LLC Name
The first step in making an LLC is to ensure the business name you want to use is available.
Your New York LLC name has to be different from the names of all the other businesses already set up in New York.
Do a business name check to make sure the name you want for your New York business is available:
B. Statements of Purpose
The New York Articles of Organization are the papers you have to file to make your LLC legal. You’ll file the same paperwork, whether making a Single-Member LLC or a Multi-Member LLC.
Learn more about the fees for a New York LLC by looking at LLC Costs in New York.
LLC approval time:
* If you file for your LLC online, it will be accepted immediately.
* If you file by mail, your LLC be accepted in 8 months (plus the time it takes).
Filing methods
You can file online or by mail. We suggested that you file online.
With the NY.gov Business Account, you can file online.
Report by mail
Send your Articles of Organization (DOS 1336), along with the filing fee, to
NY Department of State Division of Corporations
One Commerce Plaza 99
Washington Avenue Albany
NY 12231
What you get in return
The New York Department of State will only give you a Filing Receipt if you file by mail. We suggest paying $5 for Plain Copies (you can choose this in your Cover Letter) to get a copy of your accepted Articles of Organisation.
If you file online, the state will give you a copy of your approved Articles of Organisation and a Filing Receipt.
In our New York LLC Articles of Organisation help, we’ll show you how to start an LLC in NY.
Or, you can hire a service to help you set up an LLC. You can read some of our reviews at Best LLC Services.
C. LLC Operating Agreement
If your Limited Liability Company is made up of the Articles of Organisation, then the Operating Agreement is what runs it.
Unlike the New York Articles of Organisation, you don’t have to file the Operating Agreement with the New York Secretary of State, the New York Tax Department, the County Clerk, or any other office.
It’s an “internal document,” which means you keep a copy of your LLC/business records.
In New York, an LLC’s Operating Agreement generally explains how the LLC’s owners share duties, responsibilities, profits, and losses.
Note that you can put anything you want in an Operating Agreement. You can add more rules or sections, if necessary, as long as they are allowed.
Why is it essential to have an Operating Agreement?
In a signed Operating Agreement, you spell out how to deal with disagreements and fights between Members. It also lists the “bylaws” that tell how your business should be run. An Operating Agreement is also an excellent way to protect yourself from personal responsibility.
Operating Agreement for a New York LLC: Here is where you can get complimentary New York Operating Agreement templates from us: The operating agreement for a New York LLC.
D. Federal Tax ID Number (EIN)
After the New York Department of State approves your LLC application, the next step is to get a New York EIN Number from the Internal Revenue Service (IRS).
The Federal Tax ID Number for the LLC is a lot like our Social Security Numbers. It tells the IRS what business you have and what will be used for taxes and filing.
A Federal Tax ID Number is a
* Federal Employer Identification Number
* (FEIN)
* Employer Identification Number.
Needed to bank and do other things: The IRS uses your LLC’s Federal Tax ID Number for federal business taxes, and you’ll also need it to open a business checking account for your LLC. You’ll also need your LLC’s Federal Tax ID Number to work with other businesses and register for specific business licenses and permits.
Cost: Nothing ($0). The IRS doesn’t charge anything to get a Federal Tax ID Number (EIN). There is no charge to apply or sign up.
Instructions on how to use: Your New York LLC can get a Federal Tax ID Number online, by fax, or by mail.
File online: The EIN online application is the best way to go because it takes only 10 to 15 minutes to get approved. The online registration is only open from 7 a.m. to 10 p.m. Eastern, Monday through Friday. At the end of the application, you can print out a PDF with your Federal Tax ID Number on it.
Important: You need an SSN or ITIN to use the online EIN application.
Non-US Resident: If you don’t have an SSN or ITIN, don’t worry. The IRS can still give you an EIN. There is no way to apply online. You will need to fax Form SS-4 to the IRS instead. This page also has instructions: EIN, but no SSN.
E. Publication Requirement
After accepting your LLC, you must put an ad in two newspapers.
You have to place your ad in two newspapers for six weeks. One newspaper must be read daily, and the other must be read weekly.
This must be done within 120 days of your LLC being approved. Once your ads have run their course, each newspaper should send you an Affidavit of Publication.
You’ll need these documents for the next step: giving the state your Certificate of Publication.
We’ll show you step-by-step how to get your ad in the newspaper, including how to find two newspapers and place your order with them.
F. Proof that it was published
After your ads have run for six weeks in a row, you must show the state that you have met the New York LLC publication standards.
To do this, you’ll need to send in a $50 filing fee, a Certificate of Publication, and copies of both Affidavits of Publication from the newspapers.
We show you how to complete and send your New York Certificate of Publication.
G. Biennial Statements
All New York LLCs must file a New York LLC Biennial Statement every two years to stay “active” and keep the New York Department of State from shutting down or officially dissolving them.
The fee for filing a New York LLC for every two-year statement is $9.
Date due: Your Biennial Statement is due at the end of the month that your LLC was formed.
Note that your first Biennial Statement isn’t due until the second year after your LLC was created. For example, if your LLC was formed in March 2023, its Biennial Statement will be due on March 31, 2025.
How to file: You can file your LLC’s Biennial Statement and pay the fee online through the New York Department of State.
What you will get in return: You won’t get a copy of the form or a statement after successfully filing your LLC Biennial Statement. You’ll get a confirmation message. Still, don’t worry; this is normal.
H. Taxes in New York
Each business has its own New York LLC Taxes needs, but we can give you a general idea of how the taxes work for a Limited Liability business.
Federal taxes
LLCs are taxed on a “pass-through” basis. Profits or losses generally show up on a Schedule C on your tax return.
Taxes from states and cities
LLCs in New York must register with the New York State Department of Taxation and Finance and pay New York state taxes. They must also pay local taxes to their city, town, county, or other local government.
Recommendation: After setting up your New York LLC, you should hire a business attorney. Check out Thumbtack or read our free guide on how to find an accountant.
I. New York City Account for a business
You can keep your personal and business funds separate by opening a bank account for your LLC. This keeps your liability security in place.
Business debit card: After you open the account, your bank shall give you a debit card.
You can also obtain a business credit card to earn points, miles, and other benefits.
Items needed
When you go to open a business bank account, you’ll need to bring you: Approved New York Articles of Organisation EIN for your LLC.
Driver’s Licence LLCU Recommendation
Some banks may also want to see a copy of your Operating Agreement in addition to your Articles of Organisation and EIN Number. We suggest calling your bank ahead of time to make sure you have all the right paperwork. Also, you should look around. Some banks charge regular fees for business bank accounts, but others don’t. Call a few NY banks to see what your choices are.
How to Reach the New York Division of Corporations
New York’s Corporations Division: 518-473-2492
Monday-Friday, 8:30 a.m.- 4:30 p.m. Eastern Time
