New York Company Registration

LLC formation is the best option if you plan to conduct a small business in NY. However, there are a few things to keep in mind if you don't want to run into legal problems. Here are the LLC NYC requirements that you should know.

• First of all, you must prepare all company establishment documents for New York LLC registration, including: company regulations, list of shareholders, founders, practice license.
• Secondly, attached to these documents is a confirmation of effective business operations, issued by reputable and independent auditing companies, or by banks and agencies. LLC NYC requirements for these documents and document notarization are different from other states.
• The third requirement is the application form for incorporation, which this state also has its own New York LLC registration form. After obtaining a business license here, your business must register with the Department of Finance, the Department of Taxation... and other specialized departments if operating in the field of specialized management such as pharmaceutical and medical field.
• Finally, there is a specific requirement for NY LLC formation, which is to publish a copy of your Articles of Organization or a notice of incorporation in two different newspapers. This must be done within 120 days of the original Articles of Organization becoming official.

In the United States, each state has different laws governing the establishment of a business and is governed by different agencies. The following New York LLC guide includes all the things you should keep in mind:

1. Prepare relevant documents for your New york LLC formation

Choose an appropriate name and make sure it's not already in use. Also, your limited company name must end with one of the following symbols:

• Limited Liability Company
• LLC
• L.L.C

After that, you should prepare documents related to the company, including: company regulations, list of shareholders, founders, license to practice.

2. File your Articles of Company

Submit the Articles of Organization certificate to the government agency to finish your business formation in New York. This certificate proves that your LLC is formed and ready to go into business.

3. Create your company operating agreement

Your New York LLC formation may need an operating agreement, which is a document that outlines the business rules, regulations, and operating procedures that all members of an LLC agree to and sign on.

4. Apply for an EIN

Obtaining an Employer Identification Number (EIN) or tax ID number is a must for your business formation in New York since it is required for tax purposes and financial paperwork. Your New York LLC’s EIN can be obtained through the IRS website, by mail, or by fax.

Before your NY LLC formation, you must have known about the steps of publishing in this state's newspaper. But still many investors wonder, do I have to publish my LLC in NY? Below are the answers to your questions.

New York LLC publication requirement for new Limited Liability Companies is to publish notices in two local newspapers for six consecutive weeks. Publishing costs between counties can vary widely. In some suburbs, cost of incorporating in New York range from about $300 and can go up to over $1,600 in New York (Manhattan).

Under New York LLC publication requirement § 206, LLCs that fail to comply with publication requirements within the specified timeframes may be subject to suspension of any payments or business activities.

The likely consequence is that your LLC will lose its right to sue in the New York courts. Furthermore, you will not be able to receive a Certificate Under Seal that some partners may require when working with your business.

Hence, you should follow all the New York LLC publication requirements for your business. This is the safest option to ensure that your NY LLC formation will proceed smoothly under the protection of the state law.

A Limited Liability Company (LLC) in New York is an ideal choice for small and medium sized businesses because of the way it is taxed. There are 2 main ways that LLCs can be taxed in New York:

• Most LLCs in New York are not subject to federal or state income tax. Instead, the income of LLCs is passed through to their members/owners. The members/owners then pay the state income tax on revenues that they earn from the company. LLCs, however, still need to pay the state filing fee on their gross income. It ranges from $25 for the incomes above $0 up to $4,500 for the incomes above $25,000,000.
• In some cases, LLCs in New York can be treated as a corporation, a partnership, or a disregarded entity for tax purposes. These LLCs are taxed the same way as the entity they are classified as. Thus, if an owner of an LLC in New York registers his/her business in the form of a corporation, that LLC will need to file a separate tax return and pay corporation income tax well as franchise tax.

New York has just added a few changes to the corporate tax rate starting from 2021. Here are the rates applied for some typical New York corporate taxes:

New York Corporate income tax rate

The corporate income tax rate imposed on the New York State business income base increases from 6.5% to 7.25% for taxable years beginning in 2021. This rate applies for business taxpayers with income for the taxable year of $5 million and more. Small businesses, qualified manufacturers, and qualified emerging technology companies in New York remain to be eligible for their current respective preferential tax rates.

New York Business capital tax

From 2021, The New York State business capital tax will be restored and set at 0.1875% for taxable years. A zero percent tax rate continues to apply to small businesses, qualified manufacturers, and cooperative housing corporations in New York.

Fixed dollar minimum (FDM) tax

The FDM tax is calculated based on the corporation's New York State receipts. The rate ranges from $25 for receipts under $100,000 to $200,000 for receipts over $1,000,000,000. A different tax table exists for manufacturers, Non-captive REITs and RICs, and QETCs in New York.

Even though most Limited Liability Companies (LLCs) in New York state are not subject to the federal or state income tax, they are still required to pay for an annual filing fee. An LLC in New York must file a form IT-204-LL every taxable year. The amount of the filing fee is calculated depending on the gross income of the LLC, and can vary from $25 (for the income of more than $0) to $4,500 (for the income of more than $25,000,000). LLCs that do not have income, or are treated as a corporation, a partnership, or a disregarded entity will not need to pay for this type of annual filing fee.

Additionally, LLCs in New York state are also required to pay certain types of taxes and fees annually. They include State Employer Taxes, Sales and Use Taxes, and, for LLCs treated as a disregarded entity or partnership, State Business Taxes.

These payments are usually handled by LLC’s registered agents in New York. An agent will help businesses comply with the state rules and regulations, as well as deal with administrative procedures. If you need a registered agent for your LLCs in New York, or anywhere else in the world, check out One IBC^®’s corporate services. We are proud to have supported more than 10,000 clients worldwide in setting up new businesses successfully in more than 27 jurisdictions.

If you are planning to conduct business in New York, you must first have a good grip of the business name registering process. Below are the basic 3 steps that you must follow in order to register a business name in New York.

Step 1: Choose a suitable New York business entity

Depending on your business plan, there are different types of business structure you can start with. The one you choose to form will determine how you register your business name in New York. Common New York business registration are sole proprietorships, general partnerships, limited liability companies (LLCs).

Step 2: Run a New York business name check

When registering a New York business name, you should ensure your business name is unique to avoid copyright and identity issues. If you register with One IBC^® service, we will help you check the New York State corporations database. This is the crucial step as your application will be denied if you attempt to claim a name that is already in use.

Step 3: Set up your New York business

Once you have completed the above 2 steps, you will need to send your New York company registry documents to the state. As a final step in registration, you must submit in person or by mail your Articles of Organization as well as documents related to your business to the New York Department of Commerce, Communities and Economic Development.

The primary state-level permit or license (if the company does business in New York or intends to sell, lease and provide services) is called the Certificate of Authority for sales tax. This is also commonly known as a seller’s permit. To apply for a business license in New York, the company has to contact the Department of Taxation and Finance.

Additionally, companies operating in certain fields have to apply for specific licenses as well. The New York State License Center can provide assistance with these permits. They have a comprehensive list of the licenses issued as well as which office will handle said licenses. There is also another way to apply for a business license in New York, using an authorized agent.

At local levels such as counties, cities, towns, and villages, different permits and licenses are also required. Check directly with the local offices if the company is going to be located there or is going to do any business there. Local government websites usually have information about this topic so it is better to check there to know how to apply for a business license in New York.