New York does not require an annual report for LLCs. It requires a Biennial Statement, filed every two years, for $9. That makes it one of the cheapest ongoing compliance requirements in the country. But the simplicity is misleading, because New York also requires a separate annual filing fee paid to a completely different agency. Most guides online mix these two together, which causes people to miss one or overpay for the other.
This guide covers both filings, when each is due, and how to stay current without overthinking it.
This is the part that confuses people. New York LLCs have two separate recurring obligations, filed with two different state agencies on two different schedules.
| Biennial Statement | Annual Filing Fee | |
|---|---|---|
| Filed with | Dept. of State (DOS) | Dept. of Taxation (DTF) |
| Frequency | Every 2 years | Every year |
| Fee | $9 | $25 to $4,500 |
| Due date | Anniversary month | March 15 (calendar year) |
| Form | Online e-Statement | Form IT-204-LL |
| What it updates | Service of process address | Nothing (it is a fee payment) |
The annual filing fee (Form IT-204-LL) is based on NY-source gross income. LLCs with no NY income may still owe the $25 minimum.
When someone says "New York annual report," they usually mean the Biennial Statement. But the annual filing fee is the one that actually costs money. Make sure you are tracking both.
Required by Section 301(e) of the NY LLC Law. Every domestic and foreign LLC registered in New York must file a Biennial Statement with the Department of State every two years. The filing updates one thing: the address where the Secretary of State should forward legal documents (service of process) served on your LLC.
That is it. No financial data. No member names. No business activity summary. Just your current mailing address for legal documents.
Your Biennial Statement is due during the calendar month your LLC was formed (or authorized to do business in New York, for foreign LLCs), every two years. If your Articles of Organization were filed in March 2024, your first Biennial Statement is due anytime in March 2026. The next one would be March 2028, and so on.
You cannot file early. The Department of State does not accept Biennial Statements before the calendar month they are due. You have until the last day of your anniversary month to file.
1. Go to the e-Statement Filing Service. The Department of State offers online filing at filing.dos.ny.gov. The system is available Monday through Friday, 6:00 AM to 7:30 PM Eastern.
2. Enter your LLC name and DOS ID number. The system pulls up your LLC record. Verify the information is correct.
3. Update your service of process address. This is the address where the Secretary of State will forward any legal documents served on your LLC. If you use a registered agent, this should be their address. If you moved since your last filing, update it here.
4. Pay the $9 fee. Credit or debit card (Visa, MasterCard, American Express). You get a confirmation page immediately. Save it.
The whole process takes about 5 minutes. You can also file by mail using a paper form, but there is no good reason to do that.
New York does not charge a late fee for a missed Biennial Statement. There is no penalty amount. But your LLC will be marked as "past due" in the Department of State's records. This means:
To fix it, just file the overdue statement. There is no reinstatement process or back-payment required for the Biennial Statement alone. You file it, pay $9, and your status is updated.
This is where people get tripped up. The Biennial Statement does not update your registered agent. If you want to change your registered agent, you need to file a separate Certificate of Change ($30) with the Department of State. See our guide on how to change your registered agent.
It also does not satisfy your annual filing fee obligation. That is a separate payment to a separate agency (see below).
In addition to the Biennial Statement, most New York LLCs must file Form IT-204-LL with the Department of Taxation and Finance every year by March 15 (for calendar-year LLCs). This is not a report. It is a fee payment based on your LLC's New York-source gross income.
| NY-source gross income | Annual fee |
|---|---|
| Under $100,000 | $25 |
| $100,000 to $249,999 | $50 |
| $250,000 to $499,999 | $175 |
| $500,000 to $999,999 | $500 |
| $1,000,000 to $4,999,999 | $1,500 |
| $5,000,000 to $24,999,999 | $3,000 |
| $25,000,000+ | $4,500 |
Source: NY Department of Taxation and Finance, Form IT-204-LL instructions. Due March 15 for calendar-year LLCs. No extension available for payment.
Most small LLCs pay $25/year. The fee is based on gross income from New York sources, not profit. If your LLC earned under $100,000 from New York activities, the fee is $25. This is paid separately from the $9 Biennial Statement and goes to a different agency.
| Obligation | Cost |
|---|---|
| Annual filing fee (Form IT-204-LL) | $25/year |
| Biennial Statement | $9 every 2 years |
| Registered agent (if using a service) | $99 to $200/year |
| Typical annual cost | $125 to $230/year |
Excludes publication costs (one-time, year 1 only) and any state income tax obligations.
After year 1, ongoing compliance in New York is relatively cheap. The biennial statement is $9 every two years. The annual filing fee is $25 for most small LLCs. The registered agent is the main recurring cost, and it is optional if you live in New York and want to use your own address.
For a full breakdown of year 1 costs including the publication requirement, see our NY LLC publication requirement guide.
Is the Biennial Statement the same as an annual report? Functionally, yes. New York calls it a Biennial Statement instead of an annual report because it is filed every two years, not every year. It serves the same purpose: keeping your state records current.
Do I need a registered agent to file the Biennial Statement? No. The Biennial Statement updates your service of process address, which can be your own address or a registered agent's address. But having a registered agent means you do not need to worry about missing legal documents if you move or travel. See our NY registered agent requirements page for more details.
Can I file the Biennial Statement early? No. The Department of State only accepts filings during your anniversary month. If your LLC was formed in June, you cannot file in May. You must wait until June 1 through June 30 of the due year.
Does the Biennial Statement change my registered agent? No. The Biennial Statement only updates the address where the Secretary of State forwards process. To change your registered agent, file a Certificate of Change ($30). See our guide to changing your registered agent.
A registered agent handles your service of process address so you do not need to track it yourself. They also send biennial statement reminders before your filing month.
For more on registered agent pricing across providers, see our registered agent cost comparison.
Answer 3 questions to check your foreign qualification requirements.
This guide provides general information based on NY LLC Law Section 301(e) and publicly available filing requirements. It is not legal or tax advice. Verify due dates and fees with the NY Department of State and Department of Taxation and Finance before filing.