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Starting a Business in New York: LLC vs Corporation – Your Complete Guide

By Frank Tumminello | August 12, 2025

When launching a business in the Empire State, choosing between an LLC and Corporation is one of your most critical decisions. New York offers unique advantages for both business structures, but understanding the compliance requirements, costs, and benefits is essential for making the right choice.

At FileForms, we simplify business formation and ongoing compliance with automated filing services and expert guidance. Below, we’ll break down everything you need to know to make the right choice for your New York business.

Why New York for Your Business?

New York ranks among the top states for business formation, offering access to major markets, skilled workforce, and robust infrastructure. However, the state has specific filing requirements and ongoing compliance obligations that vary significantly between LLCs and Corporations.

LLC Formation in New York

Key Requirements:

  • Articles of Organization must be filed with the New York Department of State
  • Filing Fee: $200
  • Publication Requirement: Unique to NY – LLCs must publish formation notice in two newspapers for 6 consecutive weeks (costs typically $1,000-$2,000)
  • Registered Agent: Required with NY physical address
  • Biennial Statement: Due every two years with $9 fee

Benefits of NY LLC:

  • Pass-through taxation (no double taxation)
  • Flexible management structure
  • Limited personal liability protection
  • Less formal record-keeping requirements

Ongoing Compliance:

  • Biennial Statement filing every two years
  • Annual tax filing requirements
  • Maintain registered agent service

Corporation Formation in New York

Key Requirements:

  • Certificate of Incorporation filed with NY Department of State
  • Filing Fee: $125
  • Registered Agent: Required with NY physical address
  • Annual Report: Due biennially with detailed officer/director information
  • Corporate Bylaws: Must be adopted

Benefits of NY Corporation:

  • Easier to raise capital through stock sales
  • Perpetual existence
  • Tax advantages for certain business types
  • Enhanced credibility with vendors and customers

Ongoing Compliance:

  • Biennial Report with $9 fee
  • Annual tax filings
  • Board meetings and corporate resolutions
  • Maintain corporate records

Cost Comparison: LLC vs Corporation in New York

Requirement LLC Corporation
State Filing Fee $200 $125
Publication Requirement $1,000-$2,000 None
Registered Agent (Annual) $100-$300 $100-$300
Biennial Filing $9 $9

How FileForms Simplifies NY Business Formation

FileForms streamlines the entire process with:

  • Automated Filing: Handle all state paperwork and requirements
  • Registered Agent Services: Professional NY address and document handling
  • Compliance Reminders: Never miss important deadlines
  • Publication Services: Manage the complex NY publication requirement for LLCs

Making Your Decision

Choose an LLC if you want:

  • Simpler tax structure
  • Flexible management
  • Lower ongoing compliance burden

Choose a Corporation if you plan to:

  • Raise investment capital
  • Go public eventually
  • Maximize tax planning opportunities

Take Action Today

Ready to start your New York business? Don’t navigate the complex requirements alone.

✅ Create a FileForms account today

✅ Get expert guidance on LLC vs Corporation choice

✅ Handle all filing requirements seamlessly

👉 Book a demo today to see how FileForms makes New York business formation fast, easy, and compliant from day one.

 

 

Frank Tumminello

CEO, Fileforms