New York is home to over 19 million people and has a GDP of $2 trillion, making it a favorable place to start a business just based on market size and consumption. New York City also hosts of the largest financial hubs in the world, is a leader in the media landscape, and has its very own Silicon Alley -- the state attracts rich talent pools and investors, making it easier for businesses to access the resources to start up.
However, New York City also ranks as one of the most expensive cities in the world, driving up startup costs, particularly when it comes to real estate and employee compensation.
New York City has its own city sales tax, on top of state taxes. And for local businesses, a congestion tax will be introduced to vehicles entering lower Manhattan which could further increase service and delivery costs.
Frank Sinatra said it best in "New York, New York"
If I can make it there, I'll make it anywhere
There's plenty of opportunity in New York City, but it's offset by the staggering living costs and fierce competition that comes with a dense city.
Here's a primer on starting a business in New York state.
Costs associated with forming a business varies by business entity type and by state the business was formed in. We aim to cover here the basic costs specific to the state for starting a business. We also touch upon other costs in order to stay compliant and continue to doing business in the state, such as paying various state taxes or complying with local minimum wage laws when hiring in-state.
We cover in broad strokes the following costs:
There are several types of business structures you can choose from when forming your business. Which is best for your business depends on a variety of factors, like ownership in the business, taxation, and more.
No State Filing: There are two types of structures which can be automatically formed without any filing with the state. Sole proprietorship and general partnership falls into this category, and they are a popular form of self-employment.
Formed or Incorporated: Three most common business entities that require some formation or incorporation with the state are corporation, limited liability partnership (LLP), and limited liability company (LLC). Each structure has its own one-time formation or set-up cost.
New York offers the basic entity types that businesses can choose from in any state when filing for a domestic entity setup: Corporation (for profit and nonprofit), LP, and LLC. There are additional variations for each of these entity types as well as other structures, like benefit corporations.
Professionals may form a professional service corporation for the purpose of rendering the professional service(s) they are licensed to practice. The corp name shall end with the words “Professional Corporation” or the abbreviation “P.C.” The name of a design professional service corporation shall end with the words “design professional corporation” or the abbreviation “D.P.C.” Professionals may also form a professional service LLC to render their services. The company name must end with the words “Professional Limited Liability Company” or “Limited Liability Company” or the abbreviation “P.L.L.C.,” “PLLC,” “L.L.C.,” or “LLC.”
Domestic entities can be formed predominantly online via the On-Line Filings portal operated by New York’s Secretary of State. Follow their prompts to form an entity. Foreign entities will need to complete an Application of Authority and mail it to New York Department of State, Division of Corporations (One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231) with applicable fees.
Across all US states, the average cost of formation is roughly $100 with some states costing as little as ~$50 to create a corporation and some as high as $500+ to form an LLC.
Here are the formation costs (up to date at the time of this writing) for three most common entity types for businesses filed with the state:
Franchise taxes are state fees that businesses pay in order to have the right to operate in those states. They are paid in addition to state and federal income taxes. Failure to file can cause a business to lose its good standing with the state, making it difficult to operate, get loans, and may cost the business clients if clients require this information.
Here are the franchise tax fees for each business entity structure in this state as of the time of this writing.
Taxes, taxes, and more taxes. Although income taxes may seem far off concern when starting a business, the truth is that not withholding enough for income taxes is a material cost to business owners. Here we briefly cover state income taxes. For a better overview of self-employment taxes, you can read more on Small Business Tax Planning.
Pass-Through Entities: Pass-through entities are boon to small business owners. A pass-through entity is a business structure where income passes directly to the owners or investors, and they report it on their personal tax returns. This allows the business to avoid paying corporate taxes, making it a more tax-efficient option for small businesses. This also makes filing taxes significantly simpler as only one return is needed.
By default, sole proprietorships, LLCs, and partnerships are considered pass-through entities. In the case of LLCs, LLCs are usually referred to as disregarded entities. However, owners can choose to get their LLC be recognized and treated differently for tax purposes with the IRS.
Corporate Income Tax: Most states (44 out of 50) levy a corporate income tax.
C-Corps pay a C-Corp state income tax rate. If the income tax is pass-through, as with S-Corps, use your personal income tax rate.
Limited Liability Companies: For LLCs, the tax rate depends on the how you set up the LLC business structure.
Business owners who sell goods or services within a state are typically required to collect and remit state sales tax. Each state has different rules regarding what is taxable, so it’s crucial to understand the state’s specific requirements. Most businesses aren't at significant risk of non-compliance with sales tax until they reach the state's economic nexus threshold.
Economic nexus refers to the threshold of sales or transactions in a state that, once exceeded, obligates a business to collect sales tax, even if they don't have a physical presence there. Once a business achieves economic nexus, they must register with the state’s tax authority and start collecting sales tax on applicable sales. Failing to comply with these requirements can result in penalties and back taxes. Economic nexus is particular important when it comes to online sales for e-commerce companies.
The New York Sales Tax Rate ranges from 4.0% to 8.875%.
For most products and many services, the New York City Tax Rate is 8.875% (4.0% State Sales and Use Tax + 4.5% City Sales Tax + 0.375% Metropolitan Commuter Transportation District surcharge).
Clothing and footwear under $110 are exempt from sales tax.
Beauty, health and fitness services and establishments have no state sales tax.
Parking garages are required to pay the city a 10.375% tax plus additional 8% surtax in Manhattan.
The Sales Tax in the rest of New York State is 4.0%.
Exceptions are beauty, health and fitness services and establishments, where there is no state tax.
For more info, visit https://www.nyc.gov/site/finance/business/business-nys-sales-tax.page
If you're considering hiring employees for in-person work, then knowing your state's employment laws are important.
One important to factor is knowing the local minimum wage, which varies depending on state and sometimes even by city or county. Note that in addition to the hourly rate, employers should also consider payroll taxes, workers’ compensation insurance, and potential benefits costs.
Here we just provide a review in the table below costs specific to the state, namely the state's specific minimum wage, any applicable exceptions to the minimum wage, and recurring payroll taxes.
New York nonprofits can apply for the Community Services Block Grant for funding.
There are nearly 45,000 mom-owned businesses in NYC--check out some of our favorites.
Business entities can be searched for here.
Business names can be reserved for 60 days for a fee of $20. Completed forms and payment can be forwarded to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Biennial reports can be submitted online.
Certificates of Status (aka Good Standing) can be acquired via written request to: New York State Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
A list of business fee is detailed here.
https://dol.ny.gov/minimum-wage-0
https://www.nyc.gov/site/finance/business/business-nys-sales-tax.page
FAQs: Corporations & Business Entities | Department of State (ny.gov)
The idea of starting a business can be exciting, but the plethora of choices, jargon, and costs associated with the pure act of setting up a business with the state can be an unnecessarily daunting and time-consuming process.
Although this guide can't setup your business entity for you, it provides an overview so you can get a head start. We hope this article has sheds light on the essential costs involved and provides guidance on how to manage them effectively, setting you on a path towards entrepreneurial success.
DISCLAIMER: Information on this site is for educational purposes only. LeHerring LLC does not provide, legal, accounting, tax or investment advice. Although care has been taken in preparing the information provided to you, we are not responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future.
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