New York LLC for Non-Residents: Costs, Publication and When It's Worth It
Forming an LLC in New York from abroad? The filing fee, the publication requirement, ongoing costs, taxes, and when New York makes sense compared with Wyoming or Delaware.
A New York company carries prestige, and many clients in finance, fashion, media and advertising prefer working with New York businesses. But New York has costs and rules that other states do not, so it is worth knowing them before you choose it.
Costs at a glance
| Item | Approximate cost |
|---|---|
| State filing fee | $205 |
| Registered agent (year 1) | $50 with UCB |
| Our formation + EIN service | $99 |
| Subtotal with UCB | $354 |
| Publication requirement | Varies widely by county; can exceed $1,000 in Manhattan |
| Certificate of publication filing fee | About $50 |
| Biennial statement | About $9 every two years |
The publication requirement
New York is one of the few states that require a new LLC to publish a notice of its formation. Within 120 days of formation, the LLC must publish a notice in two newspapers designated by the county clerk where the LLC's office is located, for six consecutive weeks, and then file a certificate of publication with the state.
- Cost: depends almost entirely on the county. Newspapers in Manhattan and other high-cost counties can charge well over $1,000; smaller counties are much cheaper.
- Consequence of not doing it: the LLC's authority to carry on business can be suspended until it complies, which can affect contracts and its ability to bring lawsuits in New York.
We arrange publication for New York LLCs we form.
Taxes in New York
- State and city income taxes can apply to businesses with New York activity. New York City has its own taxes on certain businesses.
- Sales tax applies to many goods and some services, with local rates.
- Pass-through and partnership filings may be required for LLCs with New York-source income.
Federal rules are the same as anywhere: a foreign-owned single-member LLC files Form 5472 every year. See Form 5472 explained and state taxes for foreign-owned LLCs.
When New York makes sense
- You will have an office, staff or a showroom in New York.
- Your clients or investors specifically want a New York company.
- You operate in industries centred on New York (fashion, media, finance, art) and local presence matters.
- You plan to relocate to New York.
If you will operate in New York anyway, forming there avoids registering a Wyoming or Delaware LLC in New York as a foreign LLC, which also triggers publication requirements.
When another state is better
If you serve New York clients remotely from abroad, with no New York office or staff, a Wyoming LLC usually gives you everything you need at much lower cost and without publication. Your clients will pay a Wyoming LLC just as easily. See Wyoming LLC for non-residents and which state should a non-resident choose.
| New York LLC | Wyoming LLC | |
|---|---|---|
| First-year cost with UCB | $354 + publication | $249 |
| Publication requirement | Yes | No |
| Annual or biennial filing | Biennial statement, about $9 | Annual report, from $60 |
| State income tax | Yes, if NY-source income | None |
| Prestige with NYC clients | Higher | Neutral |
Privacy
New York's public records list the LLC's address for service of process, and the publication notice is, by nature, public.
Banking
A New York LLC can open a US business bank account remotely once it has its EIN. See the US business bank account guide.
How UCB helps
We form New York LLCs for non-residents, act as registered agent, arrange the publication requirement, obtain the EIN and open your US business bank account. See the New York company formation page.
Considering New York? WhatsApp us at +91 8105 199 399 or email info@ucbsolutions.com and we will tell you whether it's worth it for your business.
Let our experts handle it for you
Every business is different. Message us with your country, business type and goals, and we will recommend the right structure, state and package. We do the work; you focus on your business.
This article is general information for non-resident business owners and is not legal or tax advice. Rules and fees change; contact us to confirm what applies to your situation.
