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New York biennial statement: due date, fee, and late penalty

New York LLCs and corporations each have a recurring state filing. LLC biennial statement: Any day in anniversary month, every 2 years. Corporation biennial statement: Anniversary month, every 2 years.

FactLLCCorporation
FilingBiennial statementAnnual filing fee (IT-204-LL)Biennial statement
DueBiennial statement. Any day in anniversary month, every 2 yearsAnnual filing fee (IT-204-LL). 15th of 3rd month after tax year end, every yearAnniversary month, every 2 years
First oneBiennial statement. First due 2 years after formation, in the anniversary month.Annual filing fee (IT-204-LL). First due March 15 of the year after formation.First statement due two years after incorporation, in the anniversary month.
FeeBiennial statement. $9Annual filing fee (IT-204-LL). Tiered on New York-source gross income - from a $25 minimum up to $4,500.$9 flat.
If lateBiennial statement. No late fee; record marked past due, complicates banking/financingAnnual filing fee (IT-204-LL). About 5% per month, capped at 25%; $100 minimum after 60 days, plus interestNo late fee; flagged past due, may complicate banking/financing

How to file

LLC: biennial statement

File on New York's site

LLC: Annual filing fee (IT-204-LL)

  1. Find your New York source gross income for the year before the tax year on the form. It sets the fee, from $25 to $4,500, and the IT-204-LL instructions carry the worksheet and the tier table. A single-member LLC taxed as a disregarded entity pays the $25 minimum whatever it earned. For who files, the fee tiers and the late penalty, see our IT-204-LL guide.
  2. File Form IT-204-LL and pay the fee together by the 15th day of the third month after your tax year ends - March 15 for a calendar year. A partnership that prepares its own return with approved tax software and has broadband must e-file. Otherwise mail the paper form with a check payable to NYS filing fee to State Processing Center, PO Box 15310, Albany NY 12212-5310.
  3. Keep the confirmation or the mailing receipt. New York sends no reminder and grants no extension, so the next fee is due on the same date next year.

File IT-204-LL online

Corporation: biennial statement

File on New York's site

If it is late

LLC biennial statement. No late fee or interest, and New York does not dissolve an LLC for a missed statement. The record is marked past due, which can complicate banking and financing.

LLC Annual filing fee (IT-204-LL). About 5 percent per month, capped at 25 percent, with a $100 minimum once more than 60 days late, plus interest. It does not trigger dissolution but blocks tax clearance.

Corporation. No late fee and no dissolution - the corporation is flagged past due, which can complicate banking, financing, and legal filings.

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Frequently asked questions

When is the New York LLC biennial statement due?

Any day in anniversary month, every 2 years. Any day during your anniversary month, every 2 years. First due 2 years after formation, in the anniversary month.

How much is the New York LLC biennial statement?

$9

What happens if the New York LLC biennial statement is late?

No late fee; record marked past due, complicates banking/financing. No late fee or interest, and New York does not dissolve an LLC for a missed statement. The record is marked past due, which can complicate banking and financing.

When is the New York LLC Annual filing fee (IT-204-LL) due?

15th of 3rd month after tax year end, every year. The 15th day of the 3rd month after the tax year closes - March 15 for calendar-year LLCs. No extension is available. First due March 15 of the year after formation.

How much is the New York LLC Annual filing fee (IT-204-LL)?

Tiered on New York-source gross income - from a $25 minimum up to $4,500.

What happens if the New York LLC Annual filing fee (IT-204-LL) is late?

About 5% per month, capped at 25%; $100 minimum after 60 days, plus interest. About 5 percent per month, capped at 25 percent, with a $100 minimum once more than 60 days late, plus interest. It does not trigger dissolution but blocks tax clearance.

When is the New York corporation biennial statement due?

Anniversary month, every 2 years. Any day during the anniversary month of the original Certificate of Incorporation filing, every two years; it cannot be filed before that month opens. First statement due two years after incorporation, in the anniversary month.

How much is the New York corporation biennial statement?

$9 flat.

What happens if the New York corporation biennial statement is late?

No late fee; flagged past due, may complicate banking/financing. No late fee and no dissolution - the corporation is flagged past due, which can complicate banking, financing, and legal filings.

What is Form IT-204-LL?

New York's annual LLC filing fee form, filed with the Tax Department. The fee is tiered on New York-source gross income, from $25 up to $4,500, and is due March 15 for calendar-year LLCs with no extension available.

What is a biennial statement in NY?

A short update of your LLC's address and service-of-process details, filed with the Department of State every 2 years during the anniversary month of formation. It costs $9.

Do I have to renew my LLC every year in New York?

There is no annual renewal. The Department of State asks only for the $9 biennial statement every 2 years. The yearly obligation is the IT-204-LL filing fee, owed to the Tax Department by March 15 for calendar-year LLCs.

Deadlines in other states