State Income Tax
4%–10.9%
4%–10.9% (graduated; NYC adds an additional 3.078%–3.876%)
Sales Tax
4
State rate (local rates vary)
Special LLC Tax
Yes
See special taxes section
Community Property
No
Standard tax rules apply

LLC Pass-Through Taxation

By default, LLCs don't pay taxes directly. Instead, the LLC members report the income (or losses) on their personal Form 1040 tax return. This is called pass-through taxation — tax responsibility "passes through" the LLC to its owners.

How Are LLCs Taxed in New York?

By default, a New York LLC is taxed by the IRS based on the number of members:

  • An LLC with 1 owner (Single-Member LLC) is taxed like a Sole Proprietorship
  • An LLC with 2+ owners (Multi-Member LLC) is taxed like a Partnership

These are the "default" statuses — automatically applied based on member count. You can also elect to have your LLC taxed as a Corporation (S-Corp or C-Corp) by filing extra paperwork with the IRS.

Single-Member LLC (default)

The IRS treats Single-Member LLCs as Disregarded Entities — the LLC doesn't file its own federal return. Instead, the owner reports LLC income on their personal Form 1040 (Schedule C if owned by an individual).

Multi-Member LLC (default)

Multi-Member LLCs file a Form 1065 Partnership Return and issue a Schedule K-1 to each member. Each member then reports their share of profits on their personal Form 1040.

Electing Corporate Taxation

  • S-Corporation: File Form 2553 with the IRS. Can reduce self-employment taxes once the LLC has consistent profits (generally $70,000+ net income per member). Speak with an accountant first.
  • C-Corporation: File Form 8832 with the IRS. Uncommon for small LLCs. Primarily useful for large employers offering healthcare fringe benefits.

New York State Income Tax

New York has a state income tax at rates of 4%–10.9% (graduated; NYC adds an additional 3.078%–3.876%). LLC members report their share of LLC profits on their New York state tax return.

Single-Member LLC owners file New York Form IT-201 (resident) or IT-203 (non-resident) and include LLC income. Multi-Member LLCs file New York Form IT-204 (Partnership Return) and issue NY Schedule K-1s to members.

LLC Filing Fee: New York imposes an annual LLC Filing Fee based on the LLC's New York-source gross income:

NY Gross IncomeAnnual Fee
$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
This fee is filed on Form IT-204-LL, due March 15 for calendar-year filers.

Contact the New York State Department of Taxation and Finance at 518-457-5431 for more information.

New York Special LLC Taxes

New York LLC Filing Fee (Form IT-204-LL)

All New York LLCs must pay an annual LLC Filing Fee based on New York-source gross income, ranging from $25 to $4,500. This is filed on Form IT-204-LL (separate from the income tax return) and is due March 15 for calendar-year LLCs.

Local Income Tax

You and/or your LLC may also need to file and pay income taxes with your local municipality (city, county, etc.). Contact your local government or hire an accountant to confirm local requirements.

New York Sales Tax

If your LLC sells taxable products (and sometimes services) in New York, you may need to collect sales tax and register for a Seller's Permit (also called a resale license or sales tax permit).

New York's state sales tax rate is 4%. Counties and cities add their own rates — New York City's combined rate is 8.875%, and most counties range from 7%–8.875%.

Register for New York Seller's Permit →

Contact the New York State Department of Taxation and Finance at 518-485-2889 with questions.

New York LLC Payroll Taxes

If your New York LLC has employees, you must handle payroll taxes, which include:

  • Federal income tax withholding
  • New York state income tax withholding
  • Social Security and Medicare taxes (FICA)
  • Federal unemployment tax (FUTA)
  • New York state unemployment tax (SUTA)

Payroll calculations are complex — most LLC owners hire a payroll service or accountant.

New York Tax Agency Contact

Agency
New York State Department of Taxation and Finance
Phone
Hours
Mon–Fri, 8:30am–4:30pm ET
Website

New York LLC Taxes — FAQs

Yes. Single-Member LLC owners file NY Form IT-201 or IT-203. Multi-Member LLCs file NY Form IT-204. All NY LLCs must also file Form IT-204-LL and pay the annual LLC Filing Fee.
Yes — two separate fees. The Biennial Statement to the Division of Corporations costs $9 every 2 years. Additionally, there is an annual LLC Filing Fee (Form IT-204-LL) ranging from $25 to $4,500 based on NY gross income.
Your tax classification is based on the number of members. One member = taxed as a Sole Proprietorship. Two or more members = taxed as a Partnership. To be taxed as a Corporation, you must file Form 2553 (S-Corp) or Form 8832 (C-Corp) with the IRS. If unsure, call the IRS at 800-829-4933.
Yes. New York has a state income tax with rates of 4%–10.9% (graduated; NYC adds an additional 3.078%–3.876%).
Yes. New York's state sales tax rate is 4%. Counties and cities add their own rates — New York City's combined rate is 8.875%, and most counties range from 7%–8.875%.
Haven't formed your New York LLC yet?

Read the step-by-step formation guide with filing fees, processing times, and annual report deadlines.

Formation guide →
General information only — not legal or tax advice. Tax rates, forms, and requirements change. This guide reflects publicly available information as of June 2026. Confirm current requirements with the New York State Department of Taxation and Finance and a qualified CPA or tax attorney before filing. Last verified: June 2026. Full disclaimer