No, but it is recommended to reserve a name prior to filing to ensure that it remains available during the incorporation process.
How do I reserve a corporate name?
The reservation of your corporate name will be handled by IncParadise and is included in the price of our service.
Do I have to renew my name registration?
No.
How do I incorporate in New York?
When using our service, IncParadise will file, on your behalf, the required administrative forms and articles of incorporation with the appropriate New York agency.
Is a registered agent required?
Yes. New York requires the Secretary of State to be designated as the agent who will receive service of process on behalf of the corporation. Additionally, a New York corporation may designate a registered agent upon whom process may be served. As part of our ongoing service, IncParadise does provide a registered agent service option that you can select during the online registration process.
How many Incorporators are required to form a corporation in New York?
One or more are required.
How many Directors are required to start a corporation in New York?
One or more as specified in the bylaws.
Are corporations in New York required to file an Annual Report?
Yes. A report must be filed during the calendar month in which the corporation’s original certificate or application for authority was filed.
New York State is the world’s eleventh largest economy.
It ranked 3rd in the nation in high technology employment; high-tech payroll, and 4th in number of high-tech establishments (Cyberstates: 2005 report).
New York State is ranked 1st in the nation in number of Fortune 500 companies headquartered with 54 (Fortune Magazine, 2005).
It is ranked 4th in the nation in attracting new and expanded corporate facilities, (Site Selection Magazine, March 2005).
Cost of living
For Queens, NY (2005)
Index Score
Composite:
149.4
Housing:
204.2
Utilities:
141.8
Misc. Goods & Services:
130.1
Crime Rate
New York has the 6th lowest overall crime ranking in the U.S. (FBI, 2004)
Fees & Taxes
Business Inventory Tax Business inventory is exempt.
Corporate Income Tax New York’s corporate tax structure is composed of a flat rate of 7.5% on all corporate income.
Personal Income Tax New York’s personal income tax system consists of five brackets with a top rate of 7.7% starting at an income level of $8,000. For the past thirty years, New York has consistently maintained one of the nation’s highest overall state/local tax burdens.
Personal Property Tax New York does not assess tax on intangible personal property. Real property in New York is taxed based on its value. New York State law provides that every property in most municipalities be assessed at a uniform percentage of value. It doesn’t matter what percentage is determined, just that everyone pays the same percentage not to exceed 100%.
State Sales and Use Tax Base Rate: 4%*
Machinery Rate: none
*Local rates vary. The combined sales tax rate in some areas could be more than 8%.
An exemption is given for machinery and equipment (not including parts with a useful life of one year or less, tools and supplies) used in manufacturing, processing or mining.
Unemployment Insurance New York’s new employers’ rate is 4.1% for 15 months.
Some of the top companies in the world like MetLife, JP Morgan, Chase, and IBM have headquarters in New York and this is not because it is considered to be a global city. Yes, New York is the cultural, financial, and media capital of the nation but more importantly, it provides a great market for businesses. Whether you are planning to import, export, or simply promote your services or products in the local market, incorporation in New York is definitely a decision that you will not regret.
Why Choose New York for Incorporation?
Why is incorporation in New York a wise business decision? There are several benefits or advantages of starting a small or medium enterprise (SME) in the state but more importantly, the state offers incentives to prospective businesses. Let’s take a look at some of them.
START-UP NY PROGRAM
This is a pro-business program that helps new as well as existing businesses that plan to expand. Once you set up company in New York, you will be able to benefit through this program as it offers tax-based incentives as well as highly innovative academic partnerships. As a part of this program, both new and expanding businesses will derive the opportunity to operate in the state, tax-free for a period of 10 years but only if it is set up on or near eligible college or university campuses in the State.
Tax Credits
The state of New York provides provisions through which businesses can claim specific tax credits. There are two types of tax credits and they are:
General business corporation (Article 9-A) tax credits:
Business tax credits (Article 22)
Essentially these tax credits can be claimed in order to reduce the franchise tax liability applicable in the state of New York. Let’s look at an example:
If you set up company in New York that produces Alcoholic beverages then the Alcoholic beverage production credit under General business corporation (Article 9-A) tax credit is a refundable credit that is applicable if you meet certain criteria like:
Your business being a registered distributor under Article 18 of the Tax Law
The production of wine is 800,000 gallons of liquor or less, 60,000,000 gallons or less of beer etc.
The tax credit will be 14 cents per gallon for the first 500,000 gallons of wine, liquor, cider, or beer and 4.5 cents per gallon for each additional gallon over 500,000 gallons.
Manufacturer’s Real Property Tax Credit
Manufacturing company incorporation in New York can qualify your business for Manufacturer’s real property tax credit. You or your business will be entitled to a credit equivalent to 20% of the real property tax on your New York State business property that has been paid during the tax year. In order to derive this credit, your business can fall under any of the following categories like manufacturing, horticulture, assembling, processing, extracting, mining, refining, farming, agriculture, viticulture, floriculture, or commercial fishing.
How do you Incorporate in New York?
Is company incorporation in New York a tough process? This is one of the most common questions and the truth is that there are several steps you can follow to make the process rather simple. We at incaradise.net have a team of specialists who can provide you with the proper guidance required to set up New York C Corporation, S Corporation, and LLC in the shortest possible time.
Here is a step by step procedure towards Incorporation in New York:
Choose type of Business: Have you chosen the type of business you want to incorporate? The different types of businesses that you can actually set up include Not-for-Profit Corporation, Business Corporation, General Partnership, Limited Liability Company (LLC), Limited Partnership, and Sole Proprietorship.
Choose Business Entity Name: Incorporation in New York can take place only when you have identified and finalized a name for your business. There is one problem though: the name chosen by you may exist in the database and in that case, you will need to identify another name. How do you determine whether your chosen name is available for a Corporation or LLC or not? This is possible when you conduct a name availability inquiry by searching through the Corporation and Business Entity database. Search here Note: If your chosen name exists then you can file application for reservation of name for Domestic and Foreign Corporations.
Choose a Registered Agent: You will need to name a registered agent prior to company incorporation in New York. They will be responsible for initiating the processing of your “Certificate of Incorporation” for Domestic Corporation and “Application for Authority” for Foreign Corporations. We are one of the respected registered agents in New York and our service includes providing automatic notification of correspondence, review of filing documents, and forwarding of all types of incorporation related documentation.
Articles of incorporation: You will need to file “Certificate of Incorporation” for Domestic Corporations and “Application for Authority” for Foreign Corporations. We can always file on your behalf through the standard process of online or through expedited process.
Date Stamped Copies: As a part of the process of company incorporation in New York, we will ensure, you receive date-stamped and filed copies that verifies the state has filed as well as formed your corporation.
Costs and Fees associated with New York Incorporation
What would it cost to set up a company in New York?
Advantages of Incorporating a Business in New York
Why are some of the top global businesses situated in New York? There are several reasons why there has been a spurt in the number of startup companies in New York being registered in that state.
New York City is considered as one of the top business-friendly destinations in the world. Whether you are considering forming an LLC or incorporating your business, this is the destination from where you can reach out to national and global markets.
The good news is that if you are planning to register a new company in New York then you might qualify for the specific incentive programs offered by the state. These programs will benefit your LLC or Corporation in the long-term.
Advantages that Businesses can capitalize on
When we talk of advantages for a startup company in New York, there are many tax advantages, credibility factor, and the most talked about “state incentives”. Let us take a look at some of the benefits:
Advantage#1: Tax Benefits
Although, New York is not known to have the most business friendly tax environment in the nation, it does make up for this by offering several types of tax benefits as well as incentives when you register a new business in New York. This helps greatly in reducing the overall tax burden on businesses. One of the most trusted and popular tax benefit program is the “Startup New York”. As part of the program, selected businesses (those that meet specific criteria) can enjoy 10 years of tax free operation in a specific location, that has been designed to encourage more start-ups.
Advantage#2: Federal Work Opportunity Tax Credit (WOTC)
It is a type of Federal tax credit that will be available to your business after you register a new company in New York. The tax credit is offered if your business hires individuals or employees from those target groups that have been consistently facing significant barriers when it comes to employment. The maximum amount of tax credit can range from $1,200 to $9,600, and the amount varies according to the type of employee hired. The targeted group includes:
Qualified unemployed veterans including those with disability
Ex-felons
Temporary Assistance for Needy Families (TANF) recipients
Designated Community Residents especially those living in rural renewal counties or empowerment zones
Food stamp (SNAP) recipients
Summer Youth Employees especially those living in empowerment zones
Supplemental Security Income recipients
Vocational rehabilitation referred individuals
Qualified Long-Term Unemployment Recipient
There are several other business incentives that you can benefit from after you register a new business in New York. Such incentives include Excelsior Jobs Program, IDA Commercial Tax Incentives, IDA Industrial Incentive Programs, Industrial and Commercial Abatement Program (ICAP), Job Creation and Retention Program (JCRP), Lower Manhattan Sales and Use Tax Exemption, and New Markets Tax Credit (NMTC) Program among others.
Are there any Disadvantages of Incorporating in New York?
Are there any disadvantages for a startup company in New York? Disadvantages are few and the most important among them is the wide array of taxes. It simply means that there are too many types of taxes as well as fees that businesses might be subjected to. This makes it difficult for small businesses to manage their tax burden at times.
The wide array of taxes however challenging is more often than not neutralized by the variety of tax credit schemes on offer. At the end of the day, the advantages and benefits for businesses in New York far outweigh the disadvantages.
New York LLC and Corporation Registration and Formation
The 4th most populous state, New York is divided into 62 counties with the largest being New York City and it is home to several small and medium sized enterprises. It is also home to some of the top businesses or corporations in the nation and the world including AIG, ABC, AriZona Beverage Company, Avon, Bausch & Lomb, CBS Corporation, Eastman Kodak, Kimber Manufacturing, Marvel Comics, and MasterCard among others.
There are over 2 million small businesses in the state today, which is 7.2% of businesses across the country. So, if you are planning to form a Corporation in New York then it is one of the best choices you can make.
How do you form a New York business? Is it an exhausting process? What documents or information is required? If you are new to starting a business and also is in the state of New York then the entire process right from name search to registration and formation may seem like a daunting task. That is exactly the reason why we, one of the top New York Registered Agent are there to help you through the registration process.
LLC company formation in New York is governed by section 203 of the Limited Liability Company Law. The procedure for registration and formation of LLC is as follows:
Step#1: Hire a Registered Agent
The Limited Liability Company Law – Article 3, Service of Process, throws light on the services provided by a Registered Agent. Section 302 – Registered Agent for service of process is the section that highlights the fact that every domestic and foreign limited liability company will need to designate a state registered agent. We would take this opportunity to share with you the fact that we are one of the top Registered Agents in the state and have been responsible for over 11,494 company formations in New York.
We are in compliance with all regulations in the State of New York.
Step#2: Choose a Name
Article 2, section 204 of the Limited Liability Company Law states that in order to initiate LLC company formation in New York, company name is of utmost importance. One of the important aspects to consider is that the chosen name will contain the abbreviation “L.L.C.” or “LLC” or without any abbreviation, the words “Limited Liability Company”. Most importantly, you will need to check for name availability, so that your business name is unique. Check name availability here.
If the chosen business name is available then download the “Application for Reservation of Name” form and submit it.
Step#3: Articles of Organization
If you are planning to form a New York business LLC then the most important step is to prepare and file the Articles of Organization for a Limited Liability Company. The Articles of Organization pursuant to Section 203 of the New York State Limited Liability Company Law has to be filed with the Department of State, Division of Corporations, STATE RECORDS AND UNIFORM COMMERCIAL CODE, Albany, New York.
Note: You will also need to submit a “Certificate of Good Standing” or a “Certificate of Authority (Form PLS709)” under seal from the appropriate Appellate Division or the New York State Department of Education, Division of Professional Licensing Services, Corporations Unit, Albany, NY. It needs to be submitted along with the Articles of Organization.
We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the LLC registration.
Should you have any questions regarding how to form a New York business, feel free to call us on 702-871-8678.
New York Corporation Registration and Formation
If you are planning to form a Corporation in New York then the procedure for registration and formation is as follows:
Step#1: Hire a registered agent
According to New York Consolidated Laws, Business Corporation Law – Article-3, BSC § 305, both domestic and foreign entities need to designate a Registered Agent for service of process. We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 company formation in New York.
We are in compliance with all regulations in the State of New York.
Step#2: Choose a Name
In order to form a Corporation in New York you will be required to identify a name and reserve it. The name should contain words like “Incorporated”, “Corporation”, or “Limited”, and the name should be unique in nature. Once you have identified a name for your business, it is important that you check its availability in the name database for the state. Check name availability here.
When you file the application for “Reservation of Name” pursuant to Section 303 of the Business Corporation Law, it will be reserved for a period of 60 days.
You can file this form manually as well as online. You can download the form from here.
Step#3: Certificate of Incorporation
You can form a Corporation in New York only when “Certificate of Incorporation” pursuant to Section 402 of the Business Corporation Law has been filed. If you plan to form a professional service corporation then you will require a “Certificate of Incorporation” pursuant to Section 1503 of the Business Corporation Law while the formation of a foreign business corporation will be possible by filing an “Application for Authority” that is pursuant to Section 1304.
If you have any questions regarding New York incorporation or LLC formation, you can simply visit the New York Business formation page.
Do you require a business license or a permit to form and operate an LLC or a Corporation in the State of New York? Yes, you do. Every state in the U.S., has different a set of requirements when it comes to issuing business license or permit. This license is also known as an operational license in several states and will ensure you are able to operate your business with ease.
How do you get a New York company license? What are the requirements? What type of business licenses exist in the state? These are some of the questions that you will be confronted with. So, let’s get an insight into how business licensing works in the state of New York.
Obtaining a New York State Business License
One of the primary and important aspects is that the issuing authority for a business license in New York will vary according to the industry, and at the same time, all types of businesses don’t require a license. Some business establishments require a license while others require a permit. How and from where can you get your New York company license? Do you require a license or a permit? What is the fee? Who issues the licenses or permit? These are some of the questions that can be answered through the following examples.
Catering Establishment License
If you are planning to start a catering company or business then you will require a business license in New York. A catering establishment license is required primarily for a catering hall or a restaurant. Any place, room, or even space where food and beverages are being served and entertainment is permitted for an event will require this license. Such an establishment could be an LLC, corporation, general partnership, limited liability partnership, non-profit, S Corporation among others.
In such a scenario, you will be required to submit a “New York State Sales Tax Identification Number”, and a copy of “Certificate of Occupancy” along with the form for catering establishment license. The fee for this type of business license can vary from $100 to $1,070. You can file it in person or online. This license is currently being issued by NYC Department of Consumer Affairs (DCA), Licensing Center, NY.
Food Service Establishment Permit
This is a permit that is applicable to establishments that are serving food for business or not for profit. The list can include restaurants, pizzerias, takeouts, bakeries, cabarets, emergency food relief organizations, night clubs, senior centers, employee cafeterias, bars, charitable and fraternal organizations, and public and non-public schools. This type of establishment is required to obtain a special permit from the Department of Health and Mental Hygiene (DOHMH). This type of permit is also known as a “Restaurant Permit”.
Although this is not a New York company license, you can submit your permit application online or in person at NYC Department of Consumer Affairs (DCA), Licensing Center, NY. The fee for the permit is $280. You will be required to pay an additional $25 if you are manufacturing frozen dessert.
Once you have submitted the application for a permit or New York company license, it will be reviewed by NYC Department of Consumer Affairs (DCA). They will send notification regarding the status of your license application within 2 weeks of receipt of application. The status can be any of the following:
If your business license application has been approved by DCA then they will issue a license document.
If your application requires any additional information then they will notify you through mail providing proper instructions on how to submit the additional information. If you are unable to submit the requested information to DCA within 10 days of receiving the notification mail then your application will be denied.
Once application for business license in New York is denied, you will be required to make a fresh application.
You will be required to renew your New York company license or permit through the “NYC Online Licensing system”. Business licenses are normally valid for a period of 2 years and expire on September 30 for years, which end in an even number.
Note: If you have any outstanding fines then you will not be permitted to renew your license or permit until you pay the fine. Operating without a valid license would lead to heavy penalties.