New York LLC annual filing requirements
New York LLCs have a simple ongoing filing requirement: a periodic statement filed with the New York Department of State. Even if your LLC has no changes, you still typically must submit the required statement on time to keep state records current. Other recurring obligations (like taxes) may apply depending on how your LLC is treated for tax purposes.
Summary (table)
| Item | Who | When | Cost | Penalties | Official Source |
|---|---|---|---|---|---|
| Biennial Statement (NY Department of State) | All New York LLCs (domestic and authorized foreign LLCs) | Every 2 years during the LLC’s filing month | $9 | May become past due; check official state source for enforcement impacts | https://dos.ny.gov/biennial-statements |
| State taxes / returns (if applicable) | Depends on tax classification and activities | Varies | Varies | Varies | https://www.tax.ny.gov/ |
What you must file
- Biennial Statement with the New York Department of State, Division of Corporations.
Many owners refer to “annual filings,” but New York’s core periodic Department of State filing for LLCs is generally a biennial statement (every two years), not an annual report.
Deadlines
- Biennial Statement due date: Every 2 years, due during the calendar month in which your LLC originally filed (its “filing month”).
- Not sure of your filing month? Look up your entity record and follow the Biennial Statement instructions on the Department of State site.
Fees
- Biennial Statement filing fee: $9 (New York Department of State).
- Other costs: If you use a registered agent service, CPA, or a filing service, those fees are separate and vary.
Penalties if late
- If your Biennial Statement is not filed, it may show as past due on state records.
- Practical consequences can include delays or complications when you try to obtain certificates or complete other filings.
- For the most current consequences and enforcement details, check official state source.
Official source links
- NY Department of State — Biennial Statements
- NY Department of State — Corporation & Business Entity Database (Public Inquiry)
- NY Department of State — Corporations & Business Entity Filings
- New York State Department of Taxation and Finance
FAQ (5)
1) Does New York require an annual report for LLCs?
New York generally requires a Biennial Statement (every two years), not an annual report, for LLCs filed/authorized with the Department of State.
2) When is my LLC’s Biennial Statement due?
It’s due every two years during the calendar month your LLC originally filed with New York (your “filing month”).
3) How much does the Biennial Statement cost?
The New York Department of State fee is $9.
4) What information is included in the Biennial Statement?
It typically confirms or updates basic entity information on record (such as the entity’s details and address information). For the exact fields required, check the filing page on the Department of State site.
5) Do I still have to file if nothing has changed?
Yes, LLCs generally still must file the Biennial Statement even if there are no changes, to keep the state record current.
Next step CTA
- Find your LLC’s filing month using the state database: https://apps.dos.ny.gov/publicInquiry/
- File your Biennial Statement online via the NY Department of State: https://dos.ny.gov/biennial-statements
- Set a recurring reminder for your filing month every two years and keep a copy of the confirmation for your records.
Legal disclaimer
This article is for general informational purposes only and does not constitute legal, tax, or accounting advice. Requirements can change, and your obligations may vary based on your LLC’s activities and tax status. For the most accurate, current guidance, consult the New York Department of State and the New York State Department of Taxation and Finance and/or speak with a qualified attorney or tax professional.