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 the work yourself, we can help you incorporate a business in New York. Click here for a free quote on our New York business incorporation services.
B. S Corporation Filings for Your New York Corporation
1. Federal S-Corporation Election Form
If you have Clickandinc.com incorporate a business for you in New York, and you choose to be treated as an s-corporation for federal income tax purposes, we can draft that form for you (IRS form 2553). If you choose to draft it on your own, you can download it from the IRS website.
NOTE: You have 75 days from the date you incorporate a business in New York to file your form 2553 with the IRS. If you fail to file in that time period, you will not be granted s-corporation status for the year in which you incorporate.
2. New York S-Corporation Election form
If you have filed IRS Form 2553 electing S-corporation status, you must also file New York’s S-Corporation Election Form CT-6. The same information that is on the Federal S Corporation form will be used in the New York one, so make sure you have the federal form in front of you.
The New York S Corporation Election Form can be downloaded at
The instructions for this form can be found at http://www.tax.state.ny.us/pdf/2007/corp/ct6i_707.pdf .
Once you complete the form, mail it to: NYS Tax Department, Corporation Tax Registration, WA Harriman Campus, Albany, NY 12227
C. 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
Surely, the list above is not everything you will need to do once you incorporate a business 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 incorporate a business in New York, we’d love to help.
