HOW TO START AN NYC LLC
With over 8 million people, New York City has a lot to offer business owners. You can start an NYC LLC by filing the Articles of Organization with the New York Department of State Division of Corporation and by meeting the city’s local requirements.
We’ll show you how to form an LLC in the state of New York and establish your NYC LLC.
Or simply use a professional:
Starting an NYC LLC Is Easy
In order to form an NYC LLC, you’ll need to follow New York state laws and start an LLC within the state of New York.
Follow our step-by-step How to Start an NYC LLC guide to get started today.
Step 1: Name Your NYC LLC
Step 2: Choose a Registered Agent
Step 3: File the Articles of Organization
Step 4: Follow New York LLC Publication Requirements
Step 5: Create an Operating Agreement
Step 6: Get an EIN
Step 1: Name Your NYC LLC
Choosing a company name is the first and most important step in setting up your NYC LLC. Be sure to choose a name that complies with New York naming requirements and is easily searchable by potential clients.
1. Follow the New York naming guidelines for your NYC LLC:
- Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
- Your name must be distinguishable from any other New York limited liability company, limited partnership, or corporation.
- Learn more about NY LLC naming guidelines on the New York Senate website.
2. Is the name available in the state of New York? Perform a name search on the State of New York website to ensure that your NYC LLC’s name is not already in use within the state.
To learn more about searching for a New York LLC name, read our full guide.
3. Is the URL available? We recommend that you check to see if your business name is available as a web domain. Even if you don’t plan to start a business website today, you may want to buy the URL in order to prevent others from acquiring it.
Now that you have verified your name and secured the URL you may select a professional service to complete the LLC formation process for you. We recommend using one of these professional services:
Step 2: Choose a New York Registered Agent
You are required to appoint a registered agent for your NYC LLC.
What is a registered agent? A registered agent is an individual or business entity responsible for receiving important tax forms, legal documents, notice of lawsuits, and official government correspondence on behalf of your business. Think of your registered agent as your business’s point of contact with the state.
Who can be a registered agent for your NYC LLC? A registered agent must be a resident of New York or a corporation, such as a registered agent service, authorized to conduct business in the state of New York. You may elect an individual within the company including yourself.
The Additional Benefits of Using a Registered Agent Service in NYC
1. Reduce Publication Costs
All newly formed LLC within the state of New York must fulfill a publishing requirement. This requirement mandates that newly formed LLCs must publish in local newspapers. This may cost upwards of $1,500 if done within NYC. However, businesses may list their registered agent as their principal address, and using a registered agent service located outside of NYC can greatly reduce the cost of publication.
2. Maintain Privacy
New York’s LLC publishing requirement mandates that your principal LLC address is published for the public to see. If you are using a registered agent service, you may list their address instead of yours to protect your personal privacy.
To learn more about New York registered agents, read our full guide.
Recommended: Northwest provides the first year of registered agent service free with LLC formation ($29 + State Fees)
Step 3: File the New York LLC Articles of Organization
To register your NYC LLC, you’ll need to file Form DOS 1336-f: Articles of Organization with the New York Department of State. You can apply online, by mail, by fax, or in person.
Now is also a good time to determine whether your LLC will be member-managed vs. manager-managed.
File the Articles of Organization
OPTION 1: File Online With the State of New York
– OR –
OPTION 2: File Form DOS 1336-f by Mail, by Fax, or In Person
State Filing Cost: $200, payable to the Department of State (Nonrefundable)
Filing Address:
Department of State Division of CorporationsState Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231
Fax: (518) 474-1418
Note: Fax filings must include a Credit Card/Debit Card Authorization form.
For help with completing the form, visit our New York Articles of Organization guide.
Step 4: Follow New York LLC Publication Requirements
Publication Requirement
Within 120 days of formation, all newly formed New York LLCs must publish a Notice of LLC Formation in two newspapers (one weekly and one daily) for six consecutive weeks.
Newspaper Requirements
The newspapers you publish in must be located within the county of the LLC’s principal office or designated registered agent’s office. Furthermore, the newspapers must be approved by the local county clerk of the county designated in your Articles of Organization.
Filing the Certificate of Publication
After publication, you will be given affidavits of publication that must then be filed along with the New York Certificate of Publication. These documents are filed with the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Read our full New York publication requirements guide to learn more.
File Certificate of Publication
File with New York Department of State
Fee: $50, payable to the Department of State (Nonrefundable)
New York City has fees upwards of $1,500–$2,000 for newspaper publishing. One way to save on fees is to designate a registered agent service that’s located outside of the city.
Recommended: ZenBusiness Registered Agent Service is located in Albany, where typical newspaper publishing fees range from $80–$100.
Step 5: Create Your NYC LLC Operating Agreement
All New York LLCs are required to have an operating agreement. This may be a verbal or written agreement, and we recommend writing out an operating agreement for your NYC LLC.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our LLC operating agreement guide.
Recommended: Download a template or create a free operating agreement using our tool.
Step 6: Get an EIN for Your NYC LLC
What is an EIN? EIN stands for Employer Identification Number. EINs are a nine-digit number assigned by the Internal Revenue Service (IRS) to help identify businesses for tax purposes. It is essentially a Social Security number for a business.
An EIN is sometimes referred to as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN).
Why do I need an EIN? An EIN is required to:
- Open a business bank account
- File and manage federal and state taxes
- Hire employees
What if I already have an EIN for my sole proprietorship? The IRS requires that sole proprietorships get a new EIN when converting to an LLC.
Where do I get an EIN? You can get an EIN for free from the IRS. Getting an EIN is an easy process that can be done online or by mail.
For International EIN Applicants: You do not need an SSN to get an EIN. For more information, read our How to Get an EIN as a Foreign Person guide.
Get an EIN
Option 1: Request an EIN from the IRS
– OR –
Option 2: Apply for an EIN by Mail or Fax
Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
Fee: Free
Keep Your Company Compliant
NYC Business Permits and Licenses
To operate your NYC LLC, you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.
The details of business licenses and permits vary from state to state. Make sure you read carefully. Don’t be surprised if there are short classes required as well. What’s more, fees for business licenses and permits will vary depending on what sort of license you are seeking to obtain.
Business licenses in New York City are regulated by various city departments. Depending on the nature of your business, you may need to register for multiple licenses and permits. Some of these include:
- Car Wash License
- Garage License
- Firearm Dealer’s License
- Sidewalk Cafe License
- Tow Truck Company License
- Barber Shop Permit
- Food Service Establishment Permit
- Temporary Street Fair Vendor Permit
- Secondhand Dealer General License
- Pawnbroker License
- General Vendor License
Find out how to obtain necessary NYC business licenses and permits for your LLC or have a professional service do it for you:
- Business License Guide: Use our detailed New York Business License guide.
- Federal: Use the US Small Business Administration (SBA) guide.
- State: Use the State of New York’s Business Index.
- Local: Search the NYC Business website for more information.
Recommended: If you are a first-time entrepreneur, consider having a professional service research your business’s licensing requirements. Read our best business license services review on Startup Savant.
NYC LLC Tax Filing Requirements
Depending on the nature of your business, you may be required to register for one or more forms of state tax. This can be done online through the NY.gov portal.
Sales Tax
If you are selling a physical product, you’ll typically need to register for a seller’s permit, known as a Sales Tax Certificate of Authority, with the New York Department of Taxation and Finance.
This certificate allows a business to collect sales tax on taxable sales.
Sales tax, also called “Sales and Use Tax,” is a tax levied by states, counties, and municipalities on business transactions involving the exchange of certain taxable goods or services.
Read our New York sales tax guide to find out more.
Employer Taxes
If you have employees in New York, you will need to register for Unemployment Insurance Tax with the New York Department of Labor and Employee Withholding Tax with the New York Department of Taxation and Finance.
Industry Specific Taxes
If your business falls within a specific industry, additional state taxes may apply.
Register for New York State Taxes
You can register your New York LLC for all of your business taxes through the New York Business Express Portal.
Annual Fee
There is an annual filing fee for each LLC formed in New York which varies depending upon your LLC’s income.
Federal LLC Tax Filing Requirements
Most LLCs will need to report their income to the IRS each year using:
- Form 1065 Partnership Return (most multi-member LLCs use this form)
- Form 1040 Schedule C (most single-member LLCs use this form)
How you pay yourself as an owner will also affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.
Read our LLC Tax Guide to learn more about federal income taxes for LLCs.
File Your New York LLC Biennial Statement
New York requires NYC LLCs to file a biennial statement every two years with the New York Department of State. This form can be submitted online.
File Your Biennial Statement
File Online with the New York Department of State
Fee: Filing fee is $9
Due Date: New York LLC biennial statements are due every second year by the end of your LLC’s anniversary month (i.e., the month when you initially registered your LLC with the state).
Late Filings: Any biennial statement received after the due date will result in your LLC losing its “good standing” status with the state.
Small Business Resources
Get Help Starting an NYC LLC
After forming your NYC LLC, you will likely encounter many challenges. Take a look at our New York Small Business Resource pages to find more information on resources for NYC entrepreneurs:
Additionally, learn more about current US business trends so you can make the most informed business decisions.
TRUiC’s Small Business Tools
TRUiC believes business tools should be free and useful. Our tools help solve business challenges, from finding an idea for your business, to creating a business plan, writing an operating agreement for your LLC, and more.
Check out TRUiC’s small business tools: