If you searched for "New York LLC annual report" and landed here, you are already running into the thing most guides get wrong: New York does not have an annual report. It has a Biennial Statement, filed every two years, for $9. That is among the lowest recurring Secretary of State fees in the country, though New York collects a separate annual fee through the tax department, covered below.
But New York also has a separate annual filing fee paid to a completely different agency, on a completely different schedule, that almost every "NY LLC annual report" article on the internet either confuses with the Biennial Statement or skips entirely. Get them mixed up and you either miss an annual payment that applies to your LLC, or you pay a service to file a "$9 annual report" that does not exist. Both happen constantly.
This guide covers both filings, when each is due, who collects each one, and how to stay current without overthinking it.
Two filings, two agencies, two schedules
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. They are not the same filing under different names. They serve different purposes and they each have to be filed independently.
NY LLC recurring filings
| 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 for most LLCs and shows up every year. Track both.
The Biennial Statement
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.
When it is due
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.
How to find your anniversary month
- Check your original Articles of Organization filing receipt for the effective date.
- Or search your LLC name on the NY DOS business entity database. The "Initial DOS Filing Date" shows your anniversary month.
- You need your exact entity name and DOS ID number to file. Both are in the database.
How 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 forwards 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.
What happens if you miss the Biennial Statement
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. That has real consequences.
Consequences of a missed Biennial Statement
- Any Certificate of Status (good standing) will show your LLC as past due. This can block bank account openings, loan applications, and business transactions that require proof of good standing.
- If your service of process address is outdated, the state may be forwarding legal documents to an old address. You could miss a lawsuit and have a default judgment entered against you without knowing.
- There is no fine and no administrative dissolution for a late Biennial Statement. The LLC shows as past due in Department of State records and on any Certificate of Status, which can hold up a loan, a sale or a registration elsewhere until you file.
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.
What the Biennial Statement does not do
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, which is the part most guides get wrong.
The annual filing fee (Form IT-204-LL)
In addition to the Biennial Statement, LLCs taxed as partnerships or disregarded entities with New York income, gain, loss or deduction 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; partnership-taxed LLCs use the previous tax year's New York-source gross income, and it has nothing to do with the Biennial Statement.
NY annual filing fee by 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.
If the filing requirement applies, an LLC treated as a disregarded entity pays $25. An LLC taxed as a partnership uses the previous tax year's New York gross income to find its fee, from $25 to $4,500. LLCs taxed as corporations do not use this form, and an LLC with no New York income, gain, loss or deduction in the current tax year does not file it. See the tax department's filing rules.
Putting it all together
NY LLC annual compliance cost (typical small LLC)
| Obligation | Cost |
|---|---|
| Annual filing fee (Form IT-204-LL) | $25/year |
| Biennial Statement | $9 every 2 years |
| Registered agent (if using a service) | $125 to $200/year |
| Typical annual cost | About $30/year, or about $155 to $230 with an agent service |
Assumes the $25 filing fee applies. Partnership-taxed LLCs can owe more; corporate-taxed LLCs follow different rules. Excludes publication and income taxes.
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: New York names its Secretary of State to receive legal papers, so you can skip it.
For a full breakdown of year 1 costs (including the publication requirement that can run $200 to $1,800 depending on county), see our NY LLC publication requirement guide.
Common questions
Do I have to renew my New York LLC every year? Not exactly, and this is where the "annual report" label misleads people. New York has no yearly renewal of the LLC itself. The Biennial Statement is filed every two years for $9, not annually. What is annual is the separate filing fee (Form IT-204-LL), a payment to the tax department when its filing conditions apply, due in March for calendar-year filers. So you have one filing every two years and one fee payment every year, with no single yearly "renewal."
Is the Biennial Statement the same as an annual report? Functionally similar, but with two key differences: New York files it every two years instead of annually, and it serves a narrower purpose (just updating the service-of-process address, no financial or member data). Other states call this an annual report, an annual list, or a statement of information. New York's version is the Biennial Statement.
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 the full picture.
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.
What if my LLC had no New York income last year? Do I still owe the annual filing fee? Usually yes. If the LLC had any New York source income, gain, loss or deduction, the $25 minimum applies. An LLC with no New York source item at all is not subject to the fee and does not file the form. The fee scales up only with New York source gross income, and only for an LLC taxed as a partnership.
Can I pay both fees at once or to one agency? No. The Biennial Statement goes to the Department of State. The annual filing fee goes to the Department of Taxation and Finance. Two separate filings, two separate payment systems, two separate confirmation receipts. Track both.
Bottom line
New York's compliance structure is unusual: cheap on the Biennial Statement side, more expensive on the annual filing fee side, and split across two agencies. Once you know that, staying current is easy. The mistake to avoid is treating "NY annual report" as one filing, missing the Department of Taxation side, and getting hit with late notices on a fee you did not realize existed.
Need a New York registered agent?
Northwest covers New York at $125/year flat. They forward your service of process documents and send Biennial Statement reminders before your filing month so you never miss it.
For more on registered agent pricing across providers, see our 2026 registered agent cost comparison.
Not sure if your LLC needs to register in New York?
Answer 3 questions to check your foreign qualification requirements.
Sources, research & corrections
Sources: NY Department of State, NY LLC Law Section 301(e), NY Tax Law (Form IT-204-LL). Verified 2026.
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.