New York LLC Formation Form Your LLC

New York LLC Tax Guide — Complete Overview

New York is one of the most heavily taxed states for LLC owners. Between state income tax (4%-10.9%), the annual LLC filing fee ($25-$4,500 based on revenue), NYC personal income tax (if applicable), and sales tax — the tax burden is significantly higher than states like Texas or Florida. This guide covers every tax obligation for New York LLCs. For formation basics, see our NY LLC guide.

Overview of NY LLC Tax Obligations

Tax/Fee Amount Applies To Due
NY State income tax (pass-through to members) 4%-10.9% All NY-source LLC income April 15 annually
NYC personal income tax 3.078%-3.876% Members residing in NYC April 15 annually
Annual LLC filing fee (IT-204-LL) $25-$4,500 The LLC entity itself March 15 annually
Sales tax 4% state + local (up to 8.875% total) LLCs selling taxable goods/services Quarterly/annually
Metropolitan Commuter Transportation Mobility Tax 0.34% of payroll LLCs with employees in MCTD Quarterly
Federal income tax (pass-through) 10%-37% All LLC income April 15 annually
Self-employment tax 15.3% Active members April 15 annually

New York State Income Tax

Unlike Texas or Florida (which have no income tax), New York imposes state income tax on all NY-source income. For LLC members, this works as follows:

Resident members: Taxed on worldwide income at NY rates (4%-10.9%) Non-resident members: Taxed only on NY-source income at NY rates (IT-203 filing) NYC residents: Additional city income tax (3.078%-3.876%) on top of state tax

2026 NY State income tax brackets (single filers):

Taxable Income Tax Rate
Up to $8,500 4%
$8,501 - $11,700 4.5%
$11,701 - $13,900 5.25%
$13,901 - $80,650 5.5%
$80,651 - $215,400 6%
$215,401 - $1,077,550 6.85%
$1,077,551 - $5,000,000 9.65%
$5,000,001 - $25,000,000 10.3%
Over $25,000,000 10.9%

See our state income tax guide for complete details.

Annual LLC Filing Fee (IT-204-LL)

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This is a fee (not a tax) paid by the LLC entity based on NY-source gross income. It applies even if the LLC has losses. See our LLC filing fee guide for details.

NY-Source Gross Income Annual Fee
Under $100,000 $25
$100,000 - $249,999 $50
$250,000 - $499,999 $175
$500,000 - $999,999 $500
$1,000,000 - $4,999,999 $1,500
$5,000,000+ $3,000-$4,500

Sales Tax

NY state sales tax is 4%, plus local additions. Combined rates:

  • NYC: 8.875% (4% state + 4.5% city + 0.375% MCTMT)
  • Long Island (Nassau/Suffolk): 8.625%
  • Westchester: 8.375%
  • Albany: 8%
  • Most other areas: 7%-8%

See our sales tax guide.

Federal Taxes

Same as all states — pass-through to members, with self-employment tax on active members' shares. See our federal tax guide.

FAQ

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What is the minimum annual tax cost for a NY LLC?

At minimum: $25 (IT-204-LL filing fee) + state income tax on any NY-source income + $9 biennial statement fee (amortized). A NYC-resident member with $100K in LLC income pays approximately $6,000-$8,000 in combined state/city income tax plus the $25 entity fee.

How does NY tax compare to forming in another state?

If you operate in NY, you owe NY income tax regardless of where your LLC is formed. Forming in Delaware or Wyoming does not avoid NY taxes — you must register as a foreign LLC and your NY-source income is still taxed. The only way to avoid NY tax is to not have NY-source income.

Is the S-corp election beneficial in New York?

Yes, potentially more so than in no-income-tax states. S-corp election saves federal self-employment tax AND reduces your NY income subject to the Metropolitan Commuter Transportation Mobility Tax (if applicable). The combined savings can be substantial for high-earning professionals.

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