New York LLC Annual Report and Franchise Tax Deadlines (2026)

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Compute your next deadline

Computed from the state data on this site as of each state's last-reviewed date. Always verify on the official portal before filing — this is a planning estimate, not legal advice. See disclaimer.

Estimate late fees and consequences

Estimate only — based on each state's published penalty schedule as of its last-reviewed date. Percentage-based penalties (e.g., "5% of unpaid tax") depend on the tax amount owed and aren't summed here. Confirm with the official portal before mailing a payment. See disclaimer.

Biennial Statement

New York LLCs file a Biennial Statement with the Department of State, Division of Corporations every two years. For an LLC, the statement only updates the address to which the Secretary of State will mail process served on the LLC. Filing is done online through the e-Statement Filing Service at filing.dos.ny.gov for a $9 fee. Note: New York's separate publication requirement is part of LLC formation (within 120 days of formation), not a recurring annual maintenance obligation.

Deadline: Every 2 years, during the calendar month in which the LLC's Articles of Organization (or Application for Authority) were originally filed with the Department of State.
Fee: $9.
Where to file: filing.dos.ny.gov

Franchise tax

Form IT-204-LL is due the 15th day of the third month after the close of the tax year (March 15 for calendar-year filers). No extension of time to file Form IT-204-LL or to pay the fee is allowed.

New York does not impose a traditional franchise tax on LLCs, but most LLCs and LLPs with New York-source income owe an annual filing fee paid on Form IT-204-LL to the Department of Taxation and Finance. The fee is based on the LLC's New York-source gross income for the preceding tax year, using the following tiers: $0–$100,000 = $25; $100,001–$250,000 = $50; $250,001–$500,000 = $175; $500,001–$1,000,000 = $500; $1,000,001–$5,000,000 = $1,500; $5,000,001–$25,000,000 = $3,000; over $25,000,000 = $4,500. An LLC that is a disregarded entity for federal tax purposes and has any New York-source income, gain, loss, or deduction owes a flat $25 fee.

Deadline: 15th day of the 3rd month following the close of the tax year (March 15 for calendar-year LLCs).

Fee: $25 · minimum tier — fee scales with prior-year New York-source gross income up to $4,500.

Where to pay: www.tax.ny.gov

What happens if you miss it

Days late Status Fee Consequence
1+ days Late — An LLC that fails to file its Biennial Statement is reflected in the Department of State's records as 'past due.' Any Certificate of Status or status letter issued by the Department of State will show the past due status, which may prevent the LLC from completing certain business transactions until the Biennial Statement is filed.
1+ days Late — Because the Biennial Statement is the LLC's only routine opportunity to update the address to which the New York Secretary of State (the LLC's statutory agent for service of process under LLC Law § 301(e)) forwards process accepted on its behalf, an LLC that misses the filing risks process being mailed to a stale address — which the Department of State's own FAQ identifies as a path to default judgments. New York imposes no separate monetary late fee for a past-due Biennial Statement; the overdue statement may be filed online at any time for the same $9 fee to clear the past-due status.

Frequently asked questions

How often does a New York LLC file a Biennial Statement?

Every two years. The Biennial Statement is filed with the New York Department of State during the calendar month in which the LLC's Articles of Organization (or Application for Authority, for foreign LLCs) were originally filed. The fee is $9, and filing is done online at filing.dos.ny.gov.

What information does a New York LLC report on the Biennial Statement?

For an LLC, the Biennial Statement only updates the address to which the New York Secretary of State will mail a copy of any process accepted on the LLC's behalf. There is no requirement to list members or managers.

Does New York have a franchise tax on LLCs?

New York does not impose a traditional franchise tax on LLCs. Instead, most LLCs and LLPs with New York-source income owe an annual filing fee paid on Form IT-204-LL to the Department of Taxation and Finance. The amount is tiered based on New York-source gross income from the prior tax year, ranging from $25 to $4,500.

When is Form IT-204-LL due?

Form IT-204-LL is due on or before the 15th day of the third month following the close of the LLC's tax year — March 15 for calendar-year filers. The Department of Taxation and Finance does not allow an extension of time to file Form IT-204-LL or to pay the fee.

What are the New York LLC filing fee tiers on Form IT-204-LL?

The fee is based on prior-year New York-source gross income: $25 for $0–$100,000; $50 for $100,001–$250,000; $175 for $250,001–$500,000; $500 for $500,001–$1,000,000; $1,500 for $1,000,001–$5,000,000; $3,000 for $5,000,001–$25,000,000; and $4,500 for income over $25,000,000. An LLC that is a disregarded entity for federal tax purposes and has any New York-source income owes a flat $25.

What happens if a New York LLC misses its Biennial Statement?

The LLC will be reflected in the Department of State's records as past due. Any Certificate of Status issued by the Department of State will show the past due status, which can prevent the LLC from completing certain business transactions. The LLC can return to good standing at any time by filing the overdue Biennial Statement and paying the $9 fee.

Is the New York LLC publication requirement an annual obligation?

No. New York's publication requirement is a one-time formation step. Within 120 days of formation, a New York LLC must publish notice of its formation in two newspapers designated by the county clerk and file a Certificate of Publication with the Department of State. It is not an annual or recurring maintenance filing.

Sources

  1. New York Department of State — Biennial Statements for Business Corporations and Limited Liability Companies · retrieved May 10, 2026
  2. New York Department of State — Fee Schedules · retrieved May 10, 2026
  3. New York Department of State — FAQs: Corporations & Business Entities · retrieved May 10, 2026
  4. New York Department of Taxation and Finance — Partnership, LLC, and LLP annual filing fee · retrieved May 10, 2026
  5. New York Department of State — e-Statement Filing System · retrieved May 10, 2026

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