New York LLC Taxes

New York LLCs face state pass-through income tax plus any state-level entity-tax requirements. Federal taxation defaults to pass-through.

State entity taxes

Franchise / privilege tax: Filing fee scales by income (NYS-204-LL).

State income tax on members: New York taxes its residents on personal income. Members pay New York state income tax on their share of LLC pass-through income at ordinary rates.

Federal taxation

By default, single-member LLCs are disregarded entities and report on Schedule C of the owner’s personal return. Multi-member LLCs file Form 1065 (partnership). Either may elect S-Corp or C-Corp tax treatment via Form 2553 or Form 8832.

Sales tax

If your New York LLC sells tangible goods or certain taxable services, you generally need a state sales tax permit. Check the New York Department of Revenue / Taxation for the applicable rate and registration process.

New York-specific note

New York requires LLCs to publish notice of formation in two newspapers in the county of the principal office for six consecutive weeks; cost varies dramatically by county (cheap upstate, expensive in NYC).

Self-employment tax (federal)

Members of pass-through LLCs generally pay self-employment tax (15.3% on the first ~$168,600 of net earnings, plus 2.9%+ Medicare beyond that) on their distributive share. Electing S-Corp status can sometimes reduce SE tax but adds payroll-administration complexity.

Frequently asked questions

Does a New York LLC pay state income tax?
The LLC itself does not (unless it elects C-Corp). Members pay New York state income tax on their share of LLC income.
What franchise tax applies to a New York LLC?
Filing fee scales by income (NYS-204-LL)
How is a New York LLC taxed federally?
By default, pass-through (Schedule C single-member, Form 1065 multi-member). May elect S-Corp or C-Corp via Form 2553 or 8832.

Sources & further reading

Disclaimer: Legal information, not legal advice. For advice about your specific situation, consult a licensed attorney or CPA in your state. See our full disclaimer.