Form an LLC in New York with Inc Authority for Free

Inc Authority is a leading LLC formation services provider in New York that can help you get your business up and running in no time, that too completely FREE. With over 30 years of experience and 250K businesses formed, it’s your best choice.

Start Your LLC Today

1-Year Registered Agent Free

Free LLC formation services in New York and other states; no hidden charges, no service charges.

Free New York registered agent service free for the first year, even with the free formation plan.

Add-on services like S-Corp election, free tax planning consultation, etc. with the free plan.

Things to Know Before Starting an LLC in New York

There are many rules and regulations that you need to run an LLC in New York. You should understand these requirements perfectly before you make the decision to start an LLC in New York.

Let’s discuss some of the important requirements briefly.

  • If you have an LLC registered in another state and want to expand to New York, you’ll need to register a foreign LLC. Otherwise, you can simply register a domestic LLC in the state of New York.
  • Most LLCs need to pay an annual fee in order to operate in New York and maintain their status. This fee depends on the business income and can range anywhere from $25 to $4,500. 
  • While there is no need to file an annual report, the annual fee should be paid on time. The official rule is that you can pay within 60 days after your LLCs tax year ends using Form IT-204-LL.
  • If you hire employees for your LLC in New York, you need to pay employer taxes. Some LLCs in New York may also need to pay state unemployment insurance (UI) taxes through Form NYS-100.

Forming an LLC in New York can offer you many benefits, but you must be aware of the compliance requirements to stay in good standing with the state. Inc Authority can help with both forming and LLC and ongoing compliance requirements.

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 Select a Business Name

Before you even start the process of starting an LLC in New York, you must choose a unique and relevant business name. Your name should be relevant to your business and simple & memorable enough for your potential customers to remember.

When choosing an LLC name, ensure that you follow the New York LLC naming conventions including adding words like “LLC” to it. Also, search the state databases to make sure that no other business is using your chosen name within the state.

Business Name
Reserve a Business Name and Domain

Reserve a Business Name and Domain

If you anticipate delays in starting the process, you can reserve the name for up to 60 days by paying a nominal fee to the state. This will ensure that while you’re busy forming an LLC in New York, no other business can snatch up your chosen LLC name.

You must also secure a matching domain name for your business website. If a good domain name is not available for your chosen business name, you might have to consider changing your name and acquiring a matching domain name for your website.

Appoint a New York Registered Agent

All LLCs in New York should have a local registered agent with a permanent address within the state. The registered agent can be an individual or a company, or you could choose to act as a registered agent for your business in New York.

The registered agent needs to be physically present to receive all legal correspondence on the behalf of the business at the registered address during business hours. That’s why it’s better to outsource this service to a reliable company like Inc Authority.

Appoint a New York Registered Agent

Choose a Type of LLC

You can form a single-member LLC or a multi-member LLC depending on how many owners are forming the business. You also need to choose between a domestic LLC and a foreign LLC when forming a Limited Liability Company in New York.

If you are starting a new business that you intend to operate within the state, you need to form a domestic LLC. If you have an LLC registered in another state and want to expand your operations to New York, you need to register a foreign LLC.

Create an LLC Operating Agreement

You can complete this after registering your business, but we recommend doing this earlier. This ensures that you have a clear vision of your future business and how you want things to run, and who’ll be responsible for what.

An LLC operating agreement lists all the rules of governance, dispute resolution, decision-making, and succession planning for an LLC. This is a must-have document if you want to run your business smoothly, without internal conflict.

Create an LLC Operating Agreement
File Your New York Articles of Organization

File Your New York Articles of Organization

To officially register your business in New York, you need to file your LLC Articles of Organization with the New York Secretary of State. You will also need to submit the required documents and fill out the application for forming an LLC.

You can submit your completed application online, or via mail or fax, or in person. The fastest and easiest way to do this is submitting an online application. Inc Authority further simplifies the process by reviewing your application and filing it on your behalf.

Publish a Notice in 2 Local Newspapers

Some states, like New York, require new businesses to announce their launch by publishing the news in local newspapers. To form an LLC in New York you need to publish a notice in any two newspapers for six consecutive weeks.

Choose a newspaper designated by the county clerk’s office and include either a copy of the Articles of Organization or a formal notice announcing your new LLC. Ensure that your LLC name and other information exactly match the state records.

Get an Employer Identification Number
Publish a Notice in 2 Local Newspapers

Get a Federal Employer Identification Number

Every business needs an EIN that acts like the business’s identity in the eyes of the government. IRS (Internal Revenue Service) uses a Tax ID or Employer Identification Number to identify and track a business for tax and other purposes.

A business also needs an EIN for other purposes, such as opening a business bank account, hiring and paying employees, securing funds from investors, etc. That’s why obtaining an EIN is an important step in the process of forming an LLC.

Open a Business Bank Account

As you would probably know, it’s absolutely essential that you keep your personal and business finances separate, especially if you want to enjoy the liability protection offered by LLCs that protect your personal assets from business debts and liabilities.

Opening a separate business bank account not only helps with that, but also streamlines managing business finances, accounting, and bookkeeping. Check out the various options available in the state or an online bank that meets your needs.

Get a Federal Employer Identification Number
Open a Business Bank Account

Acquire Business Licenses and Permits

Even after you’ve officially registered your Limited Liability Company in New York, you still can’t start operations until you acquire all the necessary licenses and permits for your business. This will depend on your type of business and location.

You may need federal, state, and local business licenses and permits. Find out your business-specific requirements and get all the permits you need to run an LLC in New York. This will ensure that your business complies with local rules.

Choose Your Tax Structure

Apart from liability protection, New York LLCs also offer the flexibility of choosing how they want to be taxed. An LLC in New York can choose to be taxed as a Sole Proprietorship, Partnership, S-Corp, or C-Corporation, offering a lot of flexibility.

Depending on the no. of LLC owners and your preferences, you can choose how you want to be taxed. Most LLCs, however, opt for pass-through taxation, which avoids double taxation and allows business income to pass directly to owners for tax purposes.

Acquire Business Licenses and Permits
Choose Your Tax Structure

File for a DBA (Optional)

When you form an LLC in New York, you need to follow the naming convention of the state for registering your business name. This may require adding words like “LLC” or “Limited Liability Company” to your business name, making it long.

If you want to run your business under a shorter, more marketable name, you can file for a DBA (doing business as). This allows you to register a fictitious name or assumed name that you can use for day-to-day business operations and marketing.

Get a Website (Optional)

Every business needs a website to provide information about the business to prospective customers. And you’ll also need a domain name that matches your chosen business name or fictitious name, whichever you prefer to market your business.

Therefore, it’s prudent to register a domain name and start building a website before or during the process of registering your business. Our trusted partner, GoDaddy, offers complete web design and marketing services that you can use for this.

File for a DBA (Optional)
Stay Compliant

Stay Compliant

Once you form an LLC in New York, your legal obligations don’t end there. You need to take care of certain things on an ongoing basis to ensure that you stay compliant with the state’s laws and regulations, and remain in good standing with the state.

Unlike most states, New York does not require an annual report. It does, however, charge an annual fee starting from $25. Apart from this, you’ll also need to pay federal and state taxes, and employer taxes, and meet other compliance guidelines.

Why Should You Outsource LLC Formation Services?

Starting an LLC and running it smoothly is no mean feat and most entrepreneurs need help with the complicated and time-consuming process of forming an LLC in New York. Here’s why you should outsource the process to a pro.

Streamlined Process

Streamlined Process

Hiring a professional to do the job ensures that the process will go smoothly without any hiccups.

Forming an LLC requires a lot of paperwork and dealing with government departments. When you outsource, all you need to do is fill out a form and provide the required documents.

Zero Errors

Zero Errors

A single mistake on your application or documentation can get your application rejected.

When you outsource the services to a professional, they’ll review your application and ensure there are no errors. They do this for multiple businesses and have tons of experience.

Faster Filing

Faster Filing

The amount of paperwork required for starting a new business can be overwhelming for most.

Taking care of all the paperwork can take a lot of your time. By outsourcing, you can leave the review and filing process to a professional who will get it done much faster than you would.

Form Your New York LLC Today

Free

Here are the features you’ll get with the free business formation plan:

  • Business name search: Inc Authority offers an easy-to-use business name search tool on its website that you can use to check if your chosen name is being used by any other business or if it’s available for you to use.
  • 1-year registered agent services: Whether you opt for the free plan or one of the paid plans, Inc Authority will provide you with New York registered agent services for free, for the first year. After that, you’ll need to pay for it.
  • Online document management: Inc Authority offers you the option to store all your business documents online and access it through your Inc Authority account. This keeps your important documents safe from theft or damage.
  • Tax planning consultation: Along with the free LLC formation, Inc Authority also offers free tax planning consultation with its free plan. A tax planning expert will guide you on how to maximize tax benefits and will answer all your questions. 
  • LLC formation: The service that Inc Authority is known for is its free LLC formation service. Their team will review and file your application and get your LLC registered with the New York Secretary of State quickly and efficiently.
  • S-Corp election and filing: If you want your LLC to get the special tax status of an S-Corp, Inc Authority can help with that as well. Their team will take care of the s-election form and ensure that you get the special tax status in no time.
  • Business funding analysis: Every business needs sources of funding to run the operations smoothly and expand further. Inc Authority will provide you with an analysis of your business funding needs and will also give you several options.

The free plan offers everything you need to start an LLC in New York. For more personalized, high-touch services, check out its paid plans.

Price: Free

Starter

Here are the additional services you’ll get with the Starter plan:

  • LLC operating agreement: You will need to create a New York LLC operating agreement for your LLC in New York. Inc Authority will help you with the process, ensuring that you craft a comprehensive agreement covering all the important details you need to set the rules for how to run your business.
  • Ownership certificates: Inc Authority can help you create and issue certificates of ownership for members of your organization. If you have no idea how to create one, they’ll help you with that by providing templates and reference materials.
  • Employer Identification Number: One of the most important steps in forming an LLC in New York is to obtain an EIN or Tax ID. If you opt for the Starter plan, Inc Authority will help you with the application process and ensure that you get your Employer Identification Number as soon as possible.
  • Corporate forms and documents package: Businesses need a variety of documents on a regular basis, including contracts, agreements, and certificates. Inc Authority offers templates for different types of business documents and also helps you create these documents quickly and easily.
  • Compliance notifications: When you operate your business in New York, you will need to comply with a lot of rules and regulations set forth by the state and federal governments. Inc Authority will send you reminders on upcoming deadlines and inform you of the compliance requirements to ensure you’re in good standing.
  • Detailed tax consultation: With the free plan, you can get a brief tax planning consultation, but with paid plans, you get full access to tax planning specialists. A tax planning expert will help you plan and file your taxes in a way that gives you the maximum benefits, saves taxes, and gets all the applicable tax rebates.
  • Web domain + 5 business email addresses: No business can successfully run and grow in this day and age without a website. Inc Authority has tie-ups with leading web design service providers and can help you build a user-friendly website and also provide up to 5 business email addresses.

Price: Custom

Fasttrack

Here are the additional services you’ll get over the Starter plan:

  • Customer success advisor: When you opt for the highest-tier plan, Inc Authority will assign a dedicated account manager or customer success advisor for your account. They will be your point of contact for anything and everything you need to start your business, run it smoothly, and grow it successfully. They’ll answer all your questions promptly.
  • Private banking expert: To manage your business finances you’ll need a good bank and a separate business bank account. Inc Authority will connect you with a private banking expert who can help you shortlist the best business banking options and even choose the right business bank account that suits your business needs.
  • Personalized business advisory: Contrary to popular belief, Inc Authority is not just a business formation services provider. It not only helps you start a business but also partners with you to help it grow. Their business advisory services will ensure that you hit the ground running and start on the path to success from the very first day.
  • Expedited preparation & filing: The key reason why you should choose this plan is same-day filing. While most businesses would have to wait for some days, depending on the number of clients at any given time, to get their application reviewed and filed. Clients on the Fasttrack plan are priority clients and their applications get filed within one day.

Why Choose Inc Authority to Form an LLC in New York

Inc Authority is a leading LLC formation services provider for a reason—they have been doing this for 32 years. They know the ins and outs of the process and provide unmatched service, that too completely free.

Free Service, No Hidden Charges

Free Service, No Hidden Charges

While other companies charge hundreds of dollars for the same service, Inc Authority offers it completely free.

They have no hidden charges or hefty service charges. You simply need to pay the state filing fees and they’ll take care of everything for free.

Access to Professionals

Access to Professionals/Experts

When you choose Inc Authority, you get access to professionals and experts in various fields, with years of experience.

You can get a free tax planning consultation, business funding consultation, and help with your business banking needs.

Hassle-Free Experience

Hassle-Free Experience

Why bother with all the hassle of complex paperwork and dealing with state departments when you can outsource?

Inc Authority will review and file all the required paperwork to get your business up and running, so you get a stress-free experience.

Form an LLC with Inc Authority

FAQ

To start an LLC in New York, you need to pay a state filing fee of $200 to the New York Department of State. The state offers multiple payment options, including money orders, checks, cash, and card payments. 

You need to submit your application for filing Articles of Organization, along with the fee. You can do this online, in person, or via mail or fax.

Please note that apart from the one-time formation costs, you’ll need to consider the annual costs related to running an LLC in New York as well. You’ll need to pay taxes, annual filing fee, etc. So, account for that when calculating your LLC costs.

Yes, LLCs need to pay different types of taxes in New York, including federal and state income taxes. LLCs in New York also need to pay an annual filing fee, starting from $25, even though they’re not required to file an annual report.
Apart from federal income taxes and New York state taxes, a multi-member LLC also needs to pay employer taxes if it has employees.

Here are some of the key benefits of forming a New York Limited Liability Company:

  • Liability Protection: An LLC offers limited liability protection to LLC members and protects their personal assets from being used to pay off business debts.
  • Flexible Tax Structure: An LLC can opt to be treated as various entity types for tax purposes, including a corporation or an S-Corporation.
  • Affordable: It is much cheaper to form and run an LLC than to run a Corporation.
  • Less Paperwork: LLCs require less paperwork than is required to form and run a C-Corporation.
  • Ease of Management: An LLC is easy to manage, especially if you lay down all the rules of governance for your business in your operating agreement.
  • Ownership Flexibility: LLCs have fewer limitations on who can be the business owner than most other business entities.
  • Ability to Hold Assets: LLCs in New York can hold assets, buy property or equipment, etc.
  • Ability to Enter into Contracts: An LLC in New York is a separate legal entity and can enter into contracts as a business.

Here’s the step-by-step process for forming an LLC in New York.

  1. Select a Business Name: Choose a unique name for your business that’s relevant and memorable. Also, follow the naming conventions set forth by the state of New York.
  2. Reserve a Business Name and Domain: Reserve your business name for up to 60 days if you anticipate delays in finishing your LLC registration process. Also, check if a matching domain name is available and register it.
  3. Appoint a New York Registered Agent: Hire an individual or agency to act as your registered agent and accept all legal correspondence on behalf of your business. The registered agent must have a local address where they’re available during regular hours.
  4. Choose a Type of LLC: Identify whether your need to form a domestic LLC or a foreign LLC. Also, decide if you want to form a single-member LLC or a multi-member LLC in New York.
  5. Create an LLC Operating Agreement: Draft a detailed operating agreement that lays down the rules of how you want to run your business. There should be clear guidelines for dispute resolution, decision-making, and succession planning.
  6. File Your New York Articles of Organization: Register your business with the state by filing your New York Articles of Organization and receiving a certificate of formation from the New York state Department of State.
  7. Publish a Notice in 2 Local Newspapers: Publish a copy of your articles or a formal notice announcing the launch of your new LLC in 2 local newspapers, approved by the office of the local county clerk.
  8. Get an EIN: Obtain an EIN, which will help you open a business bank account, pay salaries to employees, and pay your taxes to the New York tax department.
  9. Open a Business Bank Account: Open a business bank account to keep your business finances separate.
  10. Acquire Business Licenses and Permits: Get all the licenses you need to run your business in New York.
  11. Choose Your Tax Structure: Choose how you want your LLC to be taxed after researching the benefits offered by various options.
  12. Stay Compliant: Pay your taxes on time, pay the annual fees, and meet any other ongoing compliance requirements to stay in good standing with the state.

If you file via mail, it may take several weeks and even months (during COVID times). Online filings get processed much faster. Choose Inc Authority’s online filing service to expedite the process and get your LLC up and running in no time.