New York LLC Filing Fee (IT-204-LL) — Annual Entity Fee
Every New York LLC (domestic and foreign) must pay an annual filing fee based on NY-source gross income. This is an entity-level fee — not a member-level tax — and it applies regardless of whether the LLC has net income or net losses. The fee ranges from $25 to $4,500 depending on gross income. For the complete tax picture, see our NY LLC tax guide.
Fee Schedule
| NY-Source Gross Income | Annual Filing 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 - $24,999,999 | $3,000 |
| $25,000,000 and over | $4,500 |
Key Details
What counts as "NY-source gross income":
- Total gross income from the LLC's activity in New York
- Not net income — COGS and expenses are NOT deducted
- Allocated based on the LLC's NY apportionment percentage
Who pays:
- The LLC entity itself (not the individual members)
- Both domestic NY LLCs and foreign LLCs registered in NY
- Due March 15 each year (or the 15th day of the 3rd month after the LLC's fiscal year ends)
Filed on: Form IT-204-LL (separate from the IT-204 informational return)
Important: This fee applies even if the LLC has a net loss. Because it is based on gross income (not profit), a high-revenue, low-margin business can owe $1,500-$4,500 while actually losing money.
Comparison to Other States
Ready to get started?
Get Started| State | Annual Entity Fee |
|---|---|
| New York (IT-204-LL) | $25-$4,500 (based on gross income) |
| California ($800 franchise tax) | $800 flat (+ fee if income >$250K) |
| Texas | $0 (under $2.47M revenue) |
| Delaware | $300 flat |
| Florida | $138.75 flat |
NY's fee is unusual because it scales with gross revenue. For LLCs with $1M+ in NY-source gross income, this fee is substantial.
FAQ
Is the filing fee deductible?
Yes. The IT-204-LL fee is deductible as an ordinary business expense on the LLC's federal return.
What if my LLC had zero revenue?
If your LLC had $0 in NY-source gross income, the fee is $25 (the minimum). You must still file Form IT-204-LL and pay the $25 minimum.
Is this the same as the Biennial Statement ($9)?
No. These are separate obligations. The $9 Biennial Statement is filed with the Department of State every 2 years. The IT-204-LL filing fee is paid to the Department of Taxation and Finance annually. Both are required.
When is the fee due?
March 15 of each year (for calendar-year LLCs). This is the same due date as the LLC's informational return (Form IT-204).