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To form a New York LLC youll need to file your Articles of Organization with the New York Department of State Division of Corporation, which costs $200. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your New York Limited Liability Company.
Compare business structures Business structureOwnershipSole proprietorship Business structureOne person OwnershipPartnerships Business structureTwo or more people OwnershipLimited liability company (LLC) Business structureOne or more people OwnershipCorporation - C corp Business structureOne or more people Ownership3 more rows
What is a Foreign LLC? For New York purposes, if your LLC is formed in another state, then it is known as a foreign LLC in New York. In other words, foreign doesnt mean from another country. Instead, it means your business was organized under the laws of another state.
Expedited processing requires that you pay an additional fee. Foreign LLCs are required to register with New York if they conduct business in the state. While there is no concrete definition of what counts as doing business, you can examine sales tax rules to help clarify the issue.
A New York Foreign LLC is a limited liability company that does business in New York but originated outside of the Empire State. In order for a foreign LLC to legally conduct business in New York, it needs to submit an Application for Authority to the Department of State and pay the $250 filing fee.
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An LLC is a legal entity only and must choose to pay tax either as an S Corp, C Corp, Partnership, or Sole Proprietorship. Therefore, for tax purposes, an LLC can be an S Corp, so there is really no difference.
The best tax classification for an LLC depends on whether you want your business profits to be taxed at your personal income tax rate, or at the corporate tax rate. If youd prefer personal tax rates, you can classify it as a disregarded entity or as a partnership. Otherwise, you can classify it as a corporation.
A Limited Liability Company (LLC) is an entity created by state statute. Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owners tax return (a disregarded entity).
If you are just starting your business or have already been operating as a sole proprietor, you should consider forming an LLC. LLCs limit an owners personal liability for business debts and lawsuits and offer a lot of flexibility when it comes to ownership, management, and taxation of the business.
An LLC or LLP that is treated as a corporation for federal income tax purposes may be required to file a New York State corporation franchise tax return. An LLC or LLP may be required to pay a filing fee and/or estimated income tax on behalf of certain partners or members.

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