LLC & Corporation Forms

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Commonly Asked Questions about LLC & Corporation Forms

How do I form an LLC in NY by myself?

What do you need to start an LLC in New York state? To start an LLC in New York, you must name your LLC, choose a registered agent, file articles of organization, fulfill the publication requirement, create an operating agreement, apply for an EIN, and comply with the states tax requirements.

How much does an LLC cost in NY?

The fee for filing the Articles of Organization is $200. The fee may be paid by cash, check, money order, MasterCard, Visa or American Express. Checks and money orders should be made payable to the Department of State. Do not send cash through the mail.

What IRS forms does an LLC need to file?

An LLC will file one of the following returns, depending on the situation: Single-member LLCs: Form 1040 (Schedule C, E, or F) Multiple-member LLCs (Partnership): Form 1065. S Corporation: Form 1120-S. Corporation: Form 1120.

How much does it cost to make a LLC in New York?

Forming an LLC in the state of New York costs $200. There are additional fees to consider, such as the $50 Certificate of Publication fee and the $9 Biennial Report fee. We know that starting a business can feel like a minefield of hidden fees, so weve put them all together.

What is better for a small business, LLC or corporation?

You might choose an LLC if you want to avoid corporate taxation, dont plan to fundraise with investors and prefer minimal formal regulations. You might choose a corporation, on the other hand, if youre looking to sell ownership, attract investors or go public in the future.

Do I have to renew my LLC every year in NY?

Domestic and foreign limited liability companies (LLCs) are required by Section 301(e) of the Limited Liability Company Law to file a Biennial Statement every two years with the New York Department of State setting forth the address to which the New York Secretary of State shall mail a copy of any process accepted on

Is my LLC an S or C Corp?

As an LLC, you can elect S Corp status instead of the default sole proprietorship or partnership. As a corporation, youll automatically be taxed as a C Corp. A larger LLC might want to elect C Corp status for a lower tax rate or to appeal to future investors or buyers.

How long does it take to get an LLC in NY?

Mail filings: In total, mail filing approvals for New York LLCs take 8 1/2 months. This accounts for the 8 month processing time, plus the time your documents are in the mail. Online filings: Online filings for New York LLCs are approved immediately if you file your documents during business hours.