State guide
Fees, taxes, privacy, timelines, and banking for forming an LLC in New York — with pros, cons, and a side-by-side comparison so you can decide with confidence.
Why form an LLC in New York?
Form in New York only if you genuinely live or operate here. For a remote or non-US founder with no NY nexus, the mandatory newspaper publication requirement makes NY one of the most expensive and cumbersome states — Wyoming or New Mexico is usually the better home.
A quick reminder from us: forming in a state where you do not actually operate usually means you still have to register (foreign-qualify) in your home state, often with little or no tax benefit. If you are unsure, tell us how you plan to operate and we will recommend the right fit — free.
Costs and fees
The New York Secretary of State charges roughly $200 to file Articles of Organization, with an ongoing state cost of about $9 biennial (every 2 yrs) + one-time publication. Biennial statement is $9 every 2 years; NY imposes personal income tax on NY-source income, plus an annual LLC filing fee tied to gross income for LLCs with NY-source income. State fees are paid directly to the state and are separate from our service fee.
- Filing fee: $200 (approximate)
- Ongoing state cost: $9 biennial (every 2 yrs) + one-time publication
- Typical processing time: ~1 wk by mail; faster online/expedited
Taxes and privacy
Personal state income tax in New York: Yes. Owner privacy on the public record is generally rated low.
Your federal tax obligations (and your EIN) are the same regardless of the state you choose — a single-member LLC is taxed as a pass-through by default, and we can obtain your EIN even if you do not have an SSN.
Pros of forming in New York
- Filing fee is a flat $200 and the ongoing biennial statement is only $9 every two years — one of the cheapest recurring state fees in the US
- Huge in-state market, banking presence, and credibility if you're actually doing business in New York
- Articles of Organization do not require you to list member names on the public formation document
- Well-developed business courts and legal infrastructure for disputes
Things to weigh
- Mandatory publication requirement: within 120 days you must publish formation notices in two county newspapers plus file a Certificate of Publication ($50) — real-world cost is typically $300–$1,200+, and much higher in NYC-area counties
- Publication cost and process are a poor fit for non-US / remote founders with no NY operations
- New York State personal income tax applies to NY-source income; single-member LLC profits flow through to the owner
- Biennial statement is easy to forget and lapses can affect standing
Banking for your New York LLC
A US business bank account is not tied to your formation state — a NY LLC can bank anywhere. Fintechs like Mercury, Wise, and Relay accept LLCs from any state; expect standard KYC (EIN, formation docs, beneficial-owner ID) regardless.
Whichever state you choose, we prepare the documents banks ask for and can obtain your EIN even without an SSN. Bank and provider approval is always their decision — we are not affiliated with any bank.
Is New York right for you?
Best for: Founders actually operating in New York. If you operate physically in New York, forming here keeps things simple. If you are a remote or non-US founder without a specific reason to choose New York, a low-cost, privacy-friendly state like Wyoming or New Mexico is often the better default.
Not sure? Start your application and we will confirm the best state for your situation before anything is filed.
New York vs the most popular states
How New York compares with the states most non-US founders actually choose. Use it to sanity-check whether a low-cost, privacy-friendly default beats forming here.
| New York | Wyoming | Delaware | New Mexico | |
|---|---|---|---|---|
| Filing fee | $200 | $100 | $110 | $50 |
| Ongoing state fee | $9 (biennial) | $60/yr | $300 franchise | None |
| State income tax | Yes | None | Yes (no sales tax) | Yes |
| Owner privacy | Low | Highest | High | Highest |
| Typical speed | ~1 wk by mail; faster online/expedited | Same day–2 days online | ~1–2 wks standard; expedited (24hr/same-day) available for a fee | 1–3 days online |
| Best for | Founders actually operating in New York | Non-US founders, privacy, holding companies | VC-track startups planning to raise | Non-US founders wanting cheap, private, low-maintenance |
Figures are approximate and change frequently — we confirm the current amounts with the state before filing. General information, not legal or tax advice.
FAQ
Common questions
Search & file in New York
Official New York government tools — check a company name before you file, look up an existing company's status by name or filing number, and go straight to the right filing portal. Links change; we confirm the current details before filing. General information, not legal or tax advice.