New York LLC Filing Requirements and Taxes (2026)
New York has no LLC annual report. Instead, every LLC files a Biennial Statement every two years with the Department of State for a $9 fee, and most LLCs pay an annual Form IT-204-LL filing fee of $25 to $4,500 based on New York source gross income, due the 15th day of the third month after the tax year ends.
Quick Answer
- Annual report?
- None - New York uses a Biennial Statement
- Biennial Statement
- $9, every two years, anniversary month (LLC Law §301(e))
- Annual filing fee
- Form IT-204-LL, $25–$4,500 by NY gross income
- IT-204-LL due
- 15th day of 3rd month after tax year (March 15 for calendar year)
- Income tax
- Pass-through to members; partnership return if multi-member
- Sales tax
- Certificate of Authority required for taxable sales (free)
New York Has No Annual Report
Unlike many states, New York does not require LLCs to file an annual report. This surprises owners who expect a yearly filing. New York's recurring state filing is the Biennial Statement, due every two years, plus tax filings with the Department of Taxation and Finance. Understanding the difference prevents both missed deadlines and unnecessary filings. If you are just getting started, see how to form an LLC in New York and the national formation guide.
It helps to keep two agencies straight. The Department of State handles the entity filing - the Biennial Statement that keeps your process address current. The Department of Taxation and Finance handles the money - the annual Form IT-204-LL filing fee, income tax, and sales tax. Neither is an "annual report" in the sense used by other states, and the two are due on different schedules, so this page lays out each obligation and ends with a single compliance calendar you can keep beside your formation records.
The Biennial Statement ($9, Every Two Years)
Every domestic and authorized foreign LLC must file a Biennial Statement with the New York Department of State under Section 301(e) of the Limited Liability Company Law. The fee is $9. The statement is due during the calendar month in which the LLC's original Articles of Organization were filed, once every two years. Its core purpose is to keep current the address the Secretary of State uses to forward service of process - a link to your registered agent and process address.
Most LLCs file online through the Department of State's e-Statement Filing Service, available 24/7, paying the $9 fee by credit or debit card. If you miss the deadline, the LLC is shown as past due in state records. That status can appear on a Certificate of Status and may prevent certain transactions, and a stale process address raises the risk of a missed lawsuit and default judgment. Past-due statements can still be filed later online or on paper.
A recurring point of confusion is timing. The Biennial Statement is due in the calendar month in which your Articles of Organization were originally filed, and then again every two years in that same month. So an LLC formed in March files in March of alternating years. New York does not always send a paper reminder, so calendar the anniversary month yourself. Section 301(e) also lets an LLC satisfy the address-update purpose through information reported on its tax filings with the Department of Taxation and Finance, but until that information is actually submitted, the biennial filing obligation with the Department of State continues - so the safest practice is simply to file the $9 statement on schedule. This filing is separate from, and much cheaper than, the annual tax fee discussed next.
The Annual Filing Fee (Form IT-204-LL)
The recurring cost most owners underestimate is the annual filing fee on Form IT-204-LL, imposed by Tax Law Section 658(c)(3). Every LLC that is a disregarded entity, partnership, or LLP with any income, gain, loss, or deduction from New York sources must file it and pay the fee. The fee is tiered by New York source gross income from the prior tax year:
| NY source gross income | Annual filing fee |
|---|---|
| Not more than $100,000 | $25 |
| $100,001 to $250,000 | $50 |
| $250,001 to $500,000 | $175 |
| $500,001 to $1,000,000 | $500 |
| $1,000,001 to $5,000,000 | $1,500 |
| $5,000,001 to $25,000,000 | $3,000 |
| Over $25,000,000 | $4,500 |
A single-member LLC treated as a disregarded entity with New York source income pays the $25 minimum. An LLC with no New York source income for the year is not required to file the form. See New York LLC cost for how this fits the total budget.
Two nuances trip people up. First, the fee is based on gross New York source income, not net profit - so a low-margin business with high sales can land in a higher bracket than its bottom line suggests. Second, the fee tier is set by the prior tax year's figures, so a growing LLC should look at last year's New York source gross income to know which bracket applies this year. An LLC that has elected to be taxed as a corporation for federal purposes is generally outside the IT-204-LL regime and instead files under New York's corporate franchise tax, so confirm your federal tax classification before assuming the fee applies. Compare paths in S-corp vs LLC.
IT-204-LL Deadline and No Extension
Form IT-204-LL is due on or before the 15th day of the third month following the close of the LLC's tax year. For a calendar-year LLC, that is March 15. If the due date falls on a weekend or legal holiday, the deadline moves to the next business day. Critically, there is no extension of time to file Form IT-204-LL or to pay the filing fee - even if you extend the LLC's income tax return, the fee form and payment are still due on the original date. Missing it can trigger penalties and interest from the Department of Taxation and Finance.
How a New York LLC Is Taxed
By default, the IRS classifies a single-member LLC as a disregarded entity and a multi-member LLC as a partnership, and New York follows the federal classification. Income passes through to the members, who report their shares on their personal New York returns. A multi-member LLC also files an informational partnership return (Form IT-204). An LLC can elect corporate or S-corporation treatment, which changes its filing path. New York recognizes the federal S election for state purposes only if the LLC-corporation also files a New York S election, so coordinate the two.
For a typical multi-member LLC taxed as a partnership, the New York filing set is: the informational partnership return (Form IT-204), the annual filing fee form (Form IT-204-LL), and each member's personal New York return reporting their distributive share. A single-member LLC that is a disregarded entity reports its activity on the owner's personal return but still files Form IT-204-LL if it has New York source income. Nonresident members who earn New York source income through the LLC generally owe New York tax on that income, and the LLC may have withholding or estimated-tax obligations on their behalf - another reason to keep clean books and confirm each member's residency.
Sales Tax and the Certificate of Authority
If your LLC sells taxable goods or certain services, you must register for a Certificate of Authority with the Department of Taxation and Finance at least 20 days before your first taxable sale. There is no fee to register. Once registered, you collect sales tax and file periodic sales tax returns (monthly, quarterly, or annually depending on volume). This is separate from your income tax and the IT-204-LL fee. See business licenses in New York for related permits.
New York City LLCs: Unincorporated Business Tax
LLCs doing business in New York City face an extra consideration: the city's Unincorporated Business Tax (UBT). The UBT applies to certain unincorporated businesses, including some LLCs and partnerships, operating in the city, and is administered by the NYC Department of Finance, not the state. Whether it applies depends on the nature and income of the business, and several exemptions and credits exist. Confirm your specific UBT exposure with the NYC Department of Finance before assuming it does or does not apply.
Your New York LLC Compliance Calendar
| Filing | Frequency | Fee (2026) | Deadline |
|---|---|---|---|
| Biennial Statement | Every 2 years | $9 | Anniversary month of formation |
| Form IT-204-LL filing fee | Annual | $25–$4,500 | 15th day, 3rd month after tax year |
| Partnership return (IT-204) | Annual (multi-member) | No fee | 15th day, 3rd month after tax year |
| Sales tax return | Monthly/quarterly/annual | Tax collected | Per assigned filing period |
| Federal return | Annual | Varies | Per IRS schedule |
Keep this calendar with your EIN and formation records. When you eventually close the business, file final versions of each and then dissolve the LLC.
Frequently Asked Questions
Does a New York LLC have to file an annual report?
No. New York does not require an annual report. Every LLC files a Biennial Statement every two years with the Department of State for a $9 fee, in the anniversary month of formation.
What is the New York LLC Biennial Statement?
A filing due every two years under Section 301(e) that updates the address the Secretary of State uses to forward service of process. The fee is $9 and it can be filed online.
How much is the New York LLC annual filing fee?
The Form IT-204-LL fee ranges from $25 to $4,500 based on New York source gross income. A single-member disregarded entity with New York source income pays the $25 minimum.
When is Form IT-204-LL due?
On or before the 15th day of the third month after the tax year closes - March 15 for a calendar-year LLC. There is no extension to file it or pay the fee.
How is a New York LLC taxed?
Income passes through to members, who report it on their New York returns; a multi-member LLC files an informational partnership return. Most LLCs also owe the IT-204-LL fee, and NYC may impose the Unincorporated Business Tax.
Related
- How to form an LLC (cluster hub)
- How to form an LLC in New York
- New York LLC cost and filing fees
- New York registered agent requirements
- How to dissolve an LLC in New York
- How to get a business license in New York
- S-corp vs LLC
- How to get an EIN
Sources
- New York Department of State - Biennial Statements ($9 fee; every two years; anniversary month; Section 301(e)).
- New York LLC Law - Section 301, Secretary of State as agent; Biennial Statement.
- New York Department of Taxation and Finance - Form IT-204-LL instructions (fee tiers; due date; no extension).
- New York Tax Law - Section 658(c)(3) (LLC/LLP annual filing fee schedule).
- New York Department of Taxation and Finance - Register as a sales tax vendor (Certificate of Authority; no fee; 20 days).
- New York Department of Taxation and Finance - Businesses (penalties and interest; filing hub).
- New York Department of State - Forming a Limited Liability Company in New York.
- IRS - Limited Liability Company (LLC) (federal default classification).
- IRS - Get an Employer Identification Number (free EIN).
- IRS - S Corporations (federal S election background).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Fees, thresholds, and deadlines change; verify current requirements with the New York Department of State, the New York Department of Taxation and Finance, and the NYC Department of Finance before acting.