If you want to from an llc in New York, the New York llc formation tips below will help you.Click here to get information about forming a corporation in New York.
A. File Artcles of incorporation for New York Corporation with the Secretary of State
After choosing which entity is right for you, your next step is to go to the New York Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do all the work yourself, we can help incorporate a business in New York. Click here for a free quote on our New York business incorporation services
After choosing which entity is right for you, your next step is to go to the New York Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do all the work yourself, we can help incorporate a business in New York. Click here for a free quote on our New York business incorporation services
B. Get Your New York Tax ID Number and Or Other State Required Documentation
Have your Federal Tax ID Number (EIN) handy; most states require it on their state tax ID number forms and other forms that you may need to complete after you incorporate a business in New York.
1. New York Corporate Income Tax Obligations
In general, New York corporations and LLCs must file tax returns on a yearly basis. The type of return filed depends on the type of business conducted by the entity. For more information on your tax obligations, contact the New York Department of Taxation and Finance at 800-972-1233 or online at www.tax.state.ny.us. Or contact your accountant or tax advisor.
All new businesses should go to http://www.nysegov.com/citguide.cfm?displaymode=normal&fontsize=100&contrast=lod&superCat=28&cat=30&content=main understand what if any tax obligations you may be required to pay. (under “Business Taxes” you will see links to various tax forms that may be required for your business).
Some of these include (click on any link below):
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2. Annual Registration/Reporting
All New York corporations and LLCs must file a Biannual Statement once every other calendar year. The filing fee is $9.00. This statement is automatically mailed to the most recent principal place of business on record prior to the due date. If you have any questions, call the Department of State at 518-473-2492 or visit them online at www.dos.state.ny.us.
3. Licenses and Permits
If you want to know whether your business requires any special licensing or permits, contact the Governor’s Office of Regulatory Reform at 518-474-8275 or 800-342-3464. Or log on to http://www.nys-opal.com/.
4. Employer Requirements
For all information regarding wage withholding, unemployment insurance, workers compensation, and related matters for which your corporation or LLC may be liable, call the Business Tax Information Center at 800-972-1233.
5. Sales Tax
If your business sells goods or services or if you want to buy and sell for resale (for example, as a wholesale distributor), you may be required to collect state and local sales and compensating use taxes. Two good resources for information about New York State Tax Compliance are:
For more information about required sales tax forms and other business taxes log on to the Business Taxpayer Answer Center at http://nystax.custhelp.com/cgi-bin/nystax.cfg/php/enduser/std_alp.php?p_sid
6. Publication of Notice of Filing of Articles of Organization
All New York LLCs (not corporations) must publish a notice of filing of the Articles of Organization once a week for six consecutive weeks in two newspapers of the county in which the LLC has its office.
The notice must be filed within 120 days after you’ve filed the Articles of Organization.
The newspapers must be designated by the county clerk. At least one of the newspapers must be published in the city or town in which the LLC office is located. If there is no newspaper in that town, then the notice must be published in the newspaper in the next nearest city or town.
The notice must include:
*the name of the LLC;
*the date the Articles were filed with the state;
*the county in which the LLC’s office is located;
*a statement that the Secretary of State has been designated as agent of the LLC upon whom process against it may be served and the post office address within or outside of New York to which the Secretary of State shall mail a copy of any process served upon him or her;
*if the LLC has a Registered Agent, the name and address of that agent and a statement that the Registered Agent is to be the agent upon whom process can be served;
*if the LLC has a specific date of dissolution, that must be listed; and
*the character and purpose of the LLC.
Call the county clerk’s office in the county in which your LLC is located. They will provide you the names of local newspapers in which you can print your notice. You can also call the Department of State at 518-473-2492 or log on to www.state.ny.us if you have questions.
Once the notices have been published, the newspapers will provide you with an affidavit of publication, which you will then need to file with the Secretary of State.
If an LLC fails to timely file proof of publication, it may not maintain an action or proceeding in New York courts until it files proof.
Surely, the list above is not everything you will need to do once you form an llc in New York. You should always check with your accountant or attorney in order to make sure you are compliant with all state laws. Clickandinc.com is not a law firm and nothing on this page can be considered legal advice on which you can rely. If you’d like Clickandinc.com to help you form an llc in New York, we’d love to help.
