New York LLC Formation Form Your LLC

Cost to Form a New York LLC (2026 Breakdown)

New York is one of the most expensive states to form an LLC due to the mandatory publication requirement. While the state filing fee ($200) is moderate, the newspaper publication adds $300-$2,000+ depending on your county. This page breaks down every cost. For the full formation process, see our New York LLC guide.

Formation Costs (One-Time)

Item Cost Notes
Articles of Organization (DOS-1336) $200 Filed with NY Department of State
Publication requirement (2 newspapers, 6 weeks) $300-$2,000+ County-dependent — see table below
Certificate of Publication (DOS-1337) $50 Filed after publication completes
Name reservation (optional) $20 Reserves name for 60 days
Certified copy of Articles $10 Optional
Expedited processing (optional) $25 (24-hour) or $75 (same-day) Optional speed upgrade

Publication Costs by County

This is typically the largest formation expense. Costs reflect two newspaper publications for six weeks:

County Estimated Publication Cost
New York (Manhattan) $1,200-$2,000
Kings (Brooklyn) $800-$1,500
Queens $800-$1,400
Bronx $600-$1,000
Richmond (Staten Island) $500-$900
Nassau $500-$1,000
Suffolk $400-$800
Westchester $400-$800
Albany $300-$600
Erie (Buffalo) $200-$400
Monroe (Rochester) $200-$400
Onondaga (Syracuse) $200-$400
Other upstate counties $200-$500

Cost-saving strategy: If you can legitimately establish your principal office in a lower-cost county, your publication obligation (and cost) follows that county. However, the county listed in your Articles must be where your office actually is — misrepresenting this can create legal issues.

Ongoing Annual Costs

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Item Cost Frequency
Biennial Statement $9 Every 2 years (anniversary month)
NY LLC filing fee (IT-204-LL) $25-$4,500 Annual (based on NY-source gross income)
NY state income tax (members) 4%-10.9% Annual (on NY-source income)
NYC personal income tax (if NYC member) 3.078%-3.876% Annual (if member lives in NYC)
Agent for service of process (our service) $99/year Annual

The NY LLC Filing Fee (IT-204-LL)

This is a fee — not a tax — paid annually based on your LLC's New York-source gross income:

NY-Source Gross Income Filing Fee
Under $100,000 $25
$100,000 - $249,999 $50
$250,000 - $499,999 $175
$500,000 - $999,999 $500
$1,000,000 - $4,999,999 $1,500
$5,000,000 - $24,999,999 $3,000
$25,000,000+ $4,500

This fee is separate from income tax. It is paid by the LLC entity itself annually.

Total Cost Estimates

Scenario First Year Ongoing Annual
Manhattan office, moderate income $1,650-$2,500 $134-$250+
Brooklyn/Queens office $1,250-$1,900 $134-$250+
Upstate NY (Albany, Buffalo) $650-$1,100 $134-$250+
Online business (lowest-cost county) $550-$900 $134-$250+

New York vs. Other States (Cost Comparison)

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State Formation Fee First-Year Total (Operating in State) Annual Ongoing
New York $200 + publication $650-$2,500 $134-$4,500+
Texas $300 $399 $99 (RA only)
California $70 $870 ($800 franchise tax) $820+
Delaware $90 $489 $399
Florida $125 $263 $138

Analysis: New York's first-year costs are among the highest due to publication. Ongoing costs are moderate for low-revenue LLCs ($25 filing fee + $9 biennial) but escalate with income due to the graduated filing fee and state income tax.

FAQ

Is there any way to avoid publication costs?

No legal way to avoid it. Some people delay publication, accepting the suspension of their ability to sue in NY courts. This is risky — if you ever need to bring a lawsuit, you must complete publication first (plus back-pay all costs). Complete publication within 120 days as required.

Can I deduct publication costs?

Yes. Publication costs are deductible as an ordinary business expense (startup costs) on your federal tax return. If total startup costs exceed $5,000, you may need to amortize them over 180 months.

Why is Manhattan so much more expensive for publication?

Manhattan-designated newspapers (typically the New York Law Journal and a weekly publication) charge premium rates due to high demand and their status as official legal notice publications. The County Clerk designates which newspapers qualify — you cannot choose cheaper alternatives.

Is the $200 filing fee refundable if my Articles are rejected?

The DOS does not typically refund filing fees for rejected filings. However, rejection is less common for LLCs because the filing form (DOS-1336) is simple with few fields that could cause issues. Name conflicts are the most common reason for rejection.

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