What Do You Need to File a New York LLC without Hiring Anyone?

The Department of State's formation guidance sets the $200 articles fee, the 120-day publication window and the $50 certificate fee. It also states the consequence of missing the window: an LLC that fails to publish in time has its authority to carry on business suspended. Newspapers, not the state, set publication charges, and those charges vary by county.

Once the LLC exists, the IRS issues an Employer Identification Number (EIN) for free when you apply directly, and it tells applicants to form the entity with the state before applying. To stay in good standing, the LLC files a Biennial Statement with a $9 fee. Depending on how it is taxed, it may also owe an annual filing fee on Form IT-204-LL, which the Tax Department sets at a $25 minimum and up to $4,500 based on New York source gross income.

Federal beneficial ownership reporting does not apply to LLCs formed in the United States, according to FinCEN. New York's LLC Transparency Act reaches only LLCs formed under the law of a foreign country. A New York-formed LLC files under neither.

Every step can be completed by the owner. The state-set cost of forming is $250 ($200 plus $50), before newspaper charges.

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Fees, deadlines and requirements

Step by step

1. Choose a name. The name has to be distinguishable from entities already on file and must include an LLC designator such as "Limited Liability Company," "LLC" or "L.L.C." Certain words require approval from another agency before the state will accept them. Name reservation is optional. If you want one, check the Department of State's current fee schedule before filing.

2. Pick the county. The articles must designate the county where the LLC is located, and this choice matters later because publication happens in that county. The Department of State's formation guidance explains how New York City boroughs map to counties: Manhattan is New York County, Brooklyn is Kings County, Staten Island is Richmond County, and the Bronx and Queens share their borough names.

3. File the Articles of Organization. File with the Department of State and pay the $200 fee. The articles designate the Secretary of State to accept legal papers on the LLC's behalf, and you give a mailing address where the state forwards anything it receives. Choose that address carefully, since it is where lawsuits and official notices will go. A separate commercial registered agent is optional in New York.

4. Publish, then certify. This is the step that sets New York apart from most states, and it is the one owners most often miss. Within 120 days of formation, the LLC must complete publication in the designated county. After publication is done, file the Certificate of Publication with the $50 fee. The Department of State warns that failing to publish in time suspends the LLC's authority to carry on business, so put the deadline on a calendar the day the articles are accepted. Newspaper rates differ widely by county, and it is worth contacting more than one before you commit.

5. Prepare an operating agreement. New York law addresses operating agreements, but no deadline or filing rule is stated here. Confirm current requirements in the Department of State's formation guidance. The agreement sets out ownership, voting and what happens if a member leaves, and it is worth having in writing even for a single-member LLC.

6. Get an EIN. The IRS issues EINs at no cost and says to apply only after the state has formed the entity. The IRS also warns against paying a third party for an EIN, since the direct application is free.

7. Keep the LLC in good standing. File the Biennial Statement ($9) with the Department of State. Check with the Department of Taxation and Finance whether the LLC owes the annual filing fee on Form IT-204-LL. The fee ranges from $25 to $4,500 based on New York source gross income, and whether it applies depends on how the LLC is taxed.

Beneficial ownership. FinCEN's guidance states that companies formed in the United States are exempt from federal beneficial ownership reporting. New York's LLC Transparency Act, according to the Department of State, applies only to LLCs formed under the law of a foreign country. A New York LLC files neither report.

Doing it yourself versus using a service

Filing yourself costs the state fees and newspaper charges, plus time. The forms are short and the state publishes clear guidance. The real risk is the publication deadline, because it arrives months after the filing feels finished.

A formation service charges for convenience and reminders, not for access to anything the state withholds. ZenBusiness's Starter plan is $0 plus the state fee, Pro is $199 per year and Premium is $299 per year. Its registered agent service is a separate $199 per year on every tier, including Premium, discounted to $99 for the first year when you form with the company. Since New York designates the Secretary of State to accept service, many owners skip the paid agent entirely.

If you would rather hand off the paperwork and deadline tracking, you can start your LLC with ZenBusiness. statebystateformation.com may earn a commission from that link, and it does not change the fact that every step above can be done without one. Before paying any service, confirm whether its price covers New York publication and newspaper costs or only the filing.

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