Stay compliant in New York

Most of these dates repeat every year, and the Biennial Statement every two. Put them on a calendar now. The Department of State’s only reminder is an email, and only if it has your address.

What’s different in New York

• The Biennial Statement has no fine, but a real consequence. An unfiled statement shows as past due on the state’s records and on any Certificate of Status, which can stop a transaction that needs one. The reminder comes by email, only if the entity gave the Department of State an email address.
• The LLC fee is set by last year’s income. The annual filing fee on Form IT-204-LL is based on New York source gross income for the previous tax year, so a new LLC’s first fee is the $25 minimum and the fee moves as the business grows. There is no extension of time to file or pay.
• Corporations pay franchise tax from day one. Obligations start on the date the corporation comes into existence, whether or not it does business or makes money, and the fixed dollar minimum of $25 or more applies even in a year with no profit.

Your New York calendar

What	When	Cost
Biennial Statement, LLCs and corporations, with the Department of State	every two years, in the calendar month in which the formation document was filed; the first is due two years after the Articles of Organization were filed (for a corporation, after its Certificate of Incorporation)	$9; if missed, no fine, but the entity shows as past due on the state's records and on any Certificate of Status
LLC and LLP annual filing fee, Form IT-204-LL, with the Tax Department	the 15th day of the third month after the tax year ends; no extension of time to file or pay	$25 to $4,500, based on New York source gross income for the previous tax year; $25 for a single-member LLC disregarded for federal tax
C corporation franchise tax return, with the Tax Department	April 15 for a calendar year, or the 15th day of the fourth month after a fiscal year ends	the highest of three bases: business income, business capital or the fixed dollar minimum; business income at 6.5%, fixed dollar minimum from $25
New York S corporation return, Form CT-3-S, with the Tax Department	March 15 for a calendar year, or the 15th day of the third month after a fiscal year ends	the fixed dollar minimum tax, based on New York receipts, from $25
Sales tax returns, with the Tax Department	quarterly by default, due the 20th of the month after each quarter ends: June 20, September 20, December 20 and March 20; monthly filers within 20 days after the end of each month; annual filers by March 20	The tax you collected; a return is required even with no sales, and late filing costs at least $50
Employer return Form NYS-45, with the Tax Department	April 30, July 31, October 31 and January 31; no extensions to file or pay	Unemployment insurance contributions and withholding; Form NYS-1 after any payroll that brings withholding to $700 or more
Charity annual filing, CHAR500, with the Attorney General's Charities Bureau	Every year, through the Charities Bureau’s online portal	See the Bureau’s instructions for the fee

Which rows are yours: an LLC taxed as a partnership or disregarded entity has the Biennial Statement and the annual filing fee, while an LLC that elected corporate tax treatment files the corporation return and doesn’t file Form IT-204-LL. A regular partnership pays the filing fee only when its prior-year New York source gross income is at least $1,000,000. A corporation has the Biennial Statement and the franchise tax return, plus the MTA surcharge if it does business in New York City and Rockland, Nassau, Suffolk, Orange, Putnam, Dutchess and Westchester counties; the 7.25% rate on business income over $5,000,000 applies for tax years beginning in 2021 through 2029 and returns to 6.5% after that. A sole proprietor has personal income tax, sales tax returns if registered, and in New York City the unincorporated business tax. There is no state business license to renew.

Do this

1. Give the Department of State your email address through its email update service. The Biennial Statement reminder comes by email, only if the entity gave the Department of State an email address, at the start of the month it’s due.
2. File the Biennial Statement online with the e-Statement Filing Service in your formation month, not before; a statement filed early doesn’t count, and the entity files again when the month arrives. You need the exact entity name and DOS ID number. It costs $9, and it’s also where you update the address where the state mails legal papers; an old address can mean a default judgment you never heard about.
3. Pay the LLC or LLP annual filing fee. File Form IT-204-LL and pay by the 15th day of the third month after the tax year ends. The fee follows the tiers above, and there is no extension of time to file or pay. An LLC or LLP with no New York source income, gain, loss or deduction in the current year doesn’t file it.
4. File the corporation franchise tax return through the Tax Department’s Business Online Services: a C corporation by April 15 for a calendar year, or the 15th day of the fourth month after a fiscal year ends, a New York S corporation on Form CT-3-S by March 15 for a calendar year, or the 15th day of the third month after a fiscal year ends. Check that your New York S election on Form CT-6 is in place; a federal S corporation without it is taxed as a C corporation for New York purposes.
5. File every sales tax return, including one with nothing to report, through Business Online Services by the due date for your filing schedule: quarterly filers by the 20th of the month after each quarter ends: June 20, September 20, December 20 and March 20, monthly filers within 20 days after the end of each month, annual filers by March 20. Watch for a reclassification notice: monthly filing starts when your taxable sales and purchases subject to use tax together reach $300,000 in a quarter, and the Tax Department may move you to annual filing when four quarters’ tax totals $3,000 or less.
6. File Form NYS-45 each quarter by April 30, July 31, October 31 and January 31, pay withholding on Form NYS-1 as your payroll requires, and keep workers’ compensation and disability and Paid Family Leave policies in force for as long as you have employees. The withholding tax due dates page has the schedule.
7. Charities: file CHAR500 every year through the Charities Bureau’s online portal.

What you get back

A filing receipt for each Biennial Statement, confirmation for each tax return and payment in Business Online Services, and a Certificate of Status with nothing past due whenever a bank or a lender asks for one.