New York LLC Biennial Report: Due Date, $9 Fee & How to File (2026 Guide)
If you own a New York LLC, one compliance task comes around every two years: the New York LLC biennial report. It's quick and inexpensive, but it's also easy to forget, especially if you run your US company remotely from India or another country.
In this guide, we explain what the New York LLC biennial report is, who must file it, when it's due, how much it costs, and exactly how to file it online. We'll also cover the other New York requirements founders often confuse with it. If you haven't formed your company yet, start with our guide to LLC registration in New York.
What Is a New York LLC Biennial Report?
The New York LLC biennial report is officially called the Biennial Statement. It's a short filing submitted to the New York Department of State (DOS), Division of Corporations, every two years.
Its main purpose is to keep the state's records up to date. Most importantly, it confirms the address where the Department of State should forward legal documents (service of process) if someone sues your LLC.
Unlike annual reports in many other states, New York's statement:
- Is filed every two years, not every year
- Costs only $9
- Takes just a few minutes to complete online
For comparison, states like New Jersey and North Carolina require yearly filings. See our guides to the New Jersey LLC annual report and the North Carolina LLC annual report.
Who Needs to File a New York LLC Biennial Report?
You must file a biennial statement if your business is:
- A domestic New York LLC, meaning it was formed in New York
- A foreign LLC authorized to do business in New York, meaning it was formed in another state (like Wyoming or Delaware) and registered to operate in New York
Owner residency doesn't matter. Whether you live in New York, Mumbai, or Bengaluru, if your LLC exists on New York's records, the biennial filing applies to you. Still choosing a state? Read our best state to form an LLC from India comparison.
When Is the New York LLC Biennial Report Due?
The New York LLC biennial report is due every two years, during the calendar month in which your LLC was formed (or, for foreign LLCs, the month you received authority to do business in New York).
Here's how it works:
- Formed in March 2025? Your first statement is due in March 2027, then March 2029, and so on.
- Formed in October 2024? Your first statement is due in October 2026.
The Department of State may mail a reminder to the address on file, but you shouldn't count on it. If your address is outdated or the notice gets lost, the deadline still applies. Add the due date to your calendar the day your LLC is formed.
Tip: Not sure of your formation date? Search your LLC's name in the New York Department of State's public business entity database. Your "Initial DOS Filing Date" shows your anniversary month.
How Much Does the New York LLC Biennial Report Cost?
The state filing fee is $9. You can pay online by credit or debit card when filing electronically.
That's one of the lowest recurring state fees in the US. Compare it with the California LLC franchise tax of $800 per year, or Delaware's $300 annual LLC tax.
Information You Need Before Filing
Have these details ready before you start your New York LLC biennial report:
- Your LLC's exact legal name as it appears on state records
- Your DOS ID number (found in the state's business entity database)
- The address for service of process: where the Department of State should mail legal documents on your LLC's behalf
- Any updated contact details the form requests, such as an email address for notices
For non-resident owners, the service of process address matters a lot. If legal papers are sent to an old or unattended address, you could miss a lawsuit entirely. Many remote founders use a professional address. Learn more in our guide on what an LLC registered agent does and how to choose one. If your address has changed, our US LLC address update guide explains what else needs updating.
How to File Your New York LLC Biennial Report Online
New York lets you file the biennial statement online through NY Business Express, the state's online business portal. Here's the step-by-step process:
- Create or sign in to your NY.gov ID account. You'll need this to access NY Business Express.
- Find the biennial statement filing. Look for the option to file a Biennial Statement under the Department of State's business filings.
- Search for your LLC. Enter your LLC's name or DOS ID number and select the correct entity.
- Review and update your information. Confirm or update the address for service of process and any other details requested.
- Pay the $9 fee. Pay securely by card.
- Save your confirmation. Download or screenshot the filing receipt and store it with your company records.
The whole process usually takes about 10 minutes. Paper filing by mail is also possible, but online filing is faster and gives you instant confirmation.
What Happens If You Miss the New York LLC Biennial Report?
New York doesn't charge a late fee for missing an LLC biennial statement, and it doesn't automatically dissolve your LLC for skipping it. That leads some owners to ignore it, which is a mistake.
If you miss the filing, your LLC's status on the state's records may show as "Past Due Biennial Statement." That can cause real problems:
- Trouble getting a Certificate of Good Standing, which banks, payment processors, and business partners often request
- Delays with US bank accounts or platforms like Stripe that verify your company's status (see our guide to the best bank accounts for non-US founders)
- Missed legal notices, if the state is mailing documents to an outdated address
- Due diligence issues if you plan to raise money, sell the business, or sign major contracts
The good news is that you can fix it. Simply file the past-due statement and pay the $9 fee, and your status will be updated.
New York LLC Biennial Report vs. Other New York Requirements
The biennial statement is only one part of New York LLC compliance. Founders often confuse it with these other obligations:
1. New York LLC Publication Requirement
Within 120 days of formation, New York requires LLCs to publish a notice in two newspapers for six consecutive weeks, then file a Certificate of Publication with the state ($50 filing fee). Publication costs vary widely by county and can be high in New York City. If you skip this step, your LLC's authority to carry on business in New York can be suspended. We cover this in detail in our New York LLC registration and publication rule guide.
2. New York LLC Annual Filing Fee (Form IT-204-LL)
LLCs with New York-source income that are taxed as partnerships or disregarded entities may need to file Form IT-204-LL with the New York State Department of Taxation and Finance each year and pay a fee based on New York-source gross income. This is a tax filing, separate from the biennial statement. For the bigger picture, read our US LLC tax guide for Indian founders.
3. Federal Filings for Foreign-Owned LLCs
If you're a non-US owner of a single-member LLC, you may have federal obligations too, such as IRS Form 5472 with a pro forma Form 1120. Our Form 5472 and 1120 filing guide for foreign-owned LLCs walks through it step by step. The IRS penalty for missing it can be steep. Here's how we helped a client remove a $25,000 IRS penalty. Also check whether the BOI filing rules for foreign-owned US companies apply to you.
Compliance Tips for Indian Founders Running a New York LLC Remotely
Managing a US company from India is very doable with a simple system:
- Track your anniversary month. Set two calendar reminders: one a month before, and one on the first day of your filing month.
- Use a reliable US address. A professional registered agent ensures legal notices never go unseen.
- Keep one compliance folder. Store your Articles of Organization, Certificate of Publication, EIN letter, and every biennial filing receipt in one place. Still need an EIN? See how to get an EIN without an SSN.
- Check your status yearly. A quick search on the state database confirms your LLC is active and current.
- Don't mix up state and federal deadlines. The biennial statement, IT-204-LL, and IRS filings all have different due dates.
Want to compare ongoing costs across states? Our year-by-year cost breakdown of maintaining a Wyoming LLC from India is a useful benchmark.
How FormLLC Can Help
At FormLLC, we help Indian founders, freelancers, and agencies form and manage US companies remotely. Our annual compliance service tracks your state deadlines, including your New York LLC biennial report, so nothing slips through the cracks while you focus on growing your business. New to all this? Start with our complete guide on how to start a US LLC from India.
Need help with your New York LLC or a different state? Book a free consultation and we'll walk you through your requirements.
Final Thoughts
The New York LLC biennial report is one of the simplest compliance tasks you'll handle: a $9 filing every two years, during your formation anniversary month. But skipping it can create avoidable headaches with banks, good standing certificates, and legal notices.
Mark your due date, keep your service of process address current, and file on time. Your New York LLC will stay in good standing for years to come.
*FormLLC is a business formation and compliance services provider, not a law firm. This article is for general information only and isn't legal or tax advice. Please consult a qualified professional for advice about your situation.*
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Frequently Asked Questions
Every two years, during the calendar month your LLC was originally formed or authorized to do business in New York.
The state filing fee is $9, payable online by card when you file through NY Business Express.
New York doesn’t charge a late fee or automatically dissolve an LLC for a missed statement. However, your LLC may be marked “Past Due” on state records, which can affect good standing certificates and banking.
Yes. The requirement applies to every New York LLC and every foreign LLC authorized in New York, regardless of where the owners live.
No. Publication is a one-time requirement completed within 120 days of formation. The biennial statement is a recurring filing every two years.
Yes. You can file online through NY Business Express using a NY.gov ID account, and you’ll receive confirmation right away.
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