Start a Business in New York

This page was last fact-checked January 22, 2014.

This guide provides step-by-step paperwork, filing fees, and processing times to start your business. It will help you file formation documents, obtain tax IDs, and set up company records. Please note:

  • The registration process varies by business structure. If you have not decided whether you want to form an LLC, corporation, or other business structure, click here.
  • The registration process also varies by state. If you do not wish to form your business in New York, click here.

Paperwork, cost, time and step-by-step instructions

Below is an overview of the paperwork, cost, and time to form each of the most popular business structures. Click the structure to view step-by-step formation instructions.

Structure Paperwork Cost Time
New York Limited Liability Company
  • Form DOS-1336: Articles of Organization
  • Publishing affidavits
  • Form DOS-1708-f-l: Certificate of Publication
  • Operating Agreement
  • IRS Form SS-4: Obtain an EIN
  • Formation: $200 + optional $25-150 expedite fee
  • Publisher fees: ~$200, fees vary
  • Certificate of Publication: $50
  • Formation: ~14 business days. Within 24 hours for $25 expedite fee. On the same day for $75 expedite fee. Within 2 hours of receipt for $150 expedite fee.
New York Corporation
  • Form DOS-1239-f-l: Certificate of Incorporation
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • Form 2553: S-Corp Election, if desired
  • Incorporation: $125 + $10 tax on 200 no par value shares (minimum share tax) + optional $25-150 expedite fee
  • Incorporation: ~2-4 weeks. ~1 business day for $25 expedite fee. Same-day for $75 expedite fee, must be received by noon. ~2 hours for $150 expedite fee, must be received by 2:30pm. If you file an expedited request after the cut-off time, it will be returned to you; it will not be held for processing the next day.
New York Nonprofit
  • New York Agency Approval of Purpose, if required
  • Form DOS1511-f-l: New York Not-for-Profit Certificate of Incorporation
  • Bylaws
  • IRS Form SS-4: Apply for EIN
  • IRS Form 1023: Application for 501(c)(3) Exemption
  • IRS Determination Letter
  • NYS Tax Registration, if required
  • NYC Tax Registration, if required
  • Form CT-247: Application for Exemption from Corporation Franchise Taxes by a Not-for-Profit Organization
  • Form ST-119.2: Application for an Exempt Organization Certificate
  • NYS Property tax exemption form(s)
  • NYC Property tax exemption, if required
  • Form CHAR 410: Registration Statement for Charitable Organizations
  • Incorporation: $75 + optional $25-150 expedite fee
  • 501(c): $400 or $850 IRS fee
  • NYS charitable registration: $25 to solicit contributions ($0 if exempt)
  • Incorporation: ~14 business days. Within 24 hours for $25 expedite fee. On the same day for $75 expedite fee. Within 2 hours of receipt for $150 expedite fee.
  • 501(c): ~3-6 months

Top 5 Tips on Registering a Business in New York

  1. LLCs require publication. Corporations do not. We'll explain this requirement for LLCs and the additional ~$200 expense to publish and $50 fee to file proof with the state.
  2. The Secretary of State takes approximately 4 weeks to process filings. Filings can be expedited for $25 and will be completed within 24 hours. In response to your formation, the NY Department of State will issue an official filing receipt that contains the filing date, which is also the official date of formation.
  3. For an LLC, the operating agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.
  4. New York State does NOT offer a consolidated state tax registration application. Register for individual tax accounts that apply. If your organization conducts activities in New York City, register for city taxes with the The City of New York Finance Commissioner.
  5. Both corporations and LLCs must file a biennial report with the NY Department of State.

register your business