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LLC vs Sole Prop Calculator for New York

What forming an LLC costs in New York (NY), and how the state fee changes the sole proprietor vs LLC + S-Corp comparison.

New York LLC costs

LLC filing fee (one-time)$200
Annual report / franchise fee$25
State fees in the first year$225
Top state income tax rate10.9%

What an LLC costs in New York

Forming an LLC in New York costs $200 in state filing fees, followed by about $25 a year in annual report or franchise fees — roughly $225 in state fees in the first year.

Fees change, and some states charge extra for expedited filing, publication or name reservation. Confirm the current amounts with New York's business filing office (usually the Secretary of State) before you file.

Sole prop vs LLC + S-Corp in New York: a worked example

Take the calculator's default numbers — $80,000 of revenue and $15,000 of expenses, so $65,000 of profit — and enter New York's $25 annual fee in the state fee field. The estimated tax is $23,484 as a sole proprietor versus $20,098 as an LLC taxed as an S-Corp: about $3,387 a year in favor of the LLC.

Where the difference comes from: as a sole proprietor, all of your profit is subject to self-employment tax (15.3% on 92.35% of profit). With an S-Corp election the calculator assumes half of the profit is paid to you as a salary that carries payroll tax and the rest is taken as a distribution that doesn't. It then adds New York's fee plus a flat $800 overhead allowance to the LLC side.

In the year you form the LLC, add the one-time $200 filing fee to the fee field too — the first-year saving shrinks by that amount.

These are simplified estimates: a flat 22% federal income tax rate, and a 50/50 salary split the IRS may not accept as a reasonable salary for your work. This is general education, not tax or legal advice — talk to a CPA before electing S-Corp status.

New York income tax and your business

New York's top income tax rate is 10.9%. Because LLC and S-Corp profits usually pass through to your personal return, state income tax generally applies to the profit under either structure — so the calculator leaves it out and the comparison comes down to self-employment tax versus fees.

Some states also charge entity-level taxes or minimum fees on LLCs or S-Corps, so check New York's rules for the structure you choose.

Open the LLC vs Sole Prop Calculator to run your own numbers.

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