Are you ready to turn your dream of starting a business in New York into a reality? Fantastic! But be prepared for some essential steps along the way. Registering a business in New York requires forms, certificates, and sometimes licenses from various regulatory agencies.
Complete Payroll is here to make your life easier. Below is a step-by-step guide, plus links to important forms you’ll need to register a new business in New York. Also, if you're ready to set up payroll to get your employees paid, click here.
Step 1: Choose and Reserve Your Business Name
Every business begins with a name. This will be the identifier for your entity in all local, state, and federal records, whether you’re establishing a sole proprietorship, partnership, or corporation.
- Check Name Availability: Use New York’s Entity Name Availability database to ensure your desired name isn’t already in use.
- Web Domain: Confirm that a matching web address is available to establish your online presence.
- Copyright Check: Avoid potential legal issues by ensuring your name does not infringe on trademarks or copyrights.
If you’re not ready to proceed immediately, you can reserve your chosen name by filing a Certificate of Reservation with the state. The fee is $20, and the reservation lasts 60 days.
Step 2: Determine Your Business Structure
Your business structure impacts your legal and tax responsibilities, so it’s important to choose the right one. Popular options include:
- Sole Proprietorship
- Partnership
- Limited Liability Company (LLC)
- Corporation
New York provides a Business Wizard tool to guide you through selecting the structure that fits your needs. Keep in mind, some words (e.g., "trust," "school," "bank") are restricted in business names depending on the structure. Review the list of restricted words.
Step 3: Register Locally with Your County Clerk’s Office
Start by registering your business at the county level. This includes:
- Filing a Business Certificate (or Certificate of Assumed Name for corporations operating under a secondary name).
- Visiting your county clerk’s office in person to complete the filing.
Fees: Filing costs vary by county, ranging from $100–$120. Corporations may incur additional fees.
Step 4: Register with the New York State Department of State
Depending on your business type, you’ll need specific forms:
- Corporations: File a Certificate of Incorporation. Fee: $125, plus possible additional charges.
- LLCs: File Articles of Organization. Fee: $200, plus a $50 publication fee. LLCs must also adopt an Operating Agreement within 90 days.
- Limited Partnerships (LPs): File a Certificate of Limited Partnership. Fee: $200, plus a $50 publication fee.
Submit your forms online or mail them to:
NYS Department of State
Division of Corporations, State Records, and Uniform Commercial Code
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Step 5: Obtain a Certificate of Authority for Sales Tax
If you’re going to be selling anything in the state of New York, you’ll need a Certificate of Authority for a Sales Tax Number from the state tax department, also called Form DTF-17. You can’t legally make any sales until you receive authority, and the state may fine you or restrict your operation if you fail to apply for it.
By state law, you must file the sales tax number paperwork at least 20 days and no more than 90 days before your business begins operation. Submit it online here or to this postal address:
New York State Tax Department
Sales Tax Registration Unit
W A Harriman Campus
Albany, NY 12227
Step 6: Apply for Required Licenses and Permits
But wait, there’s more! Depending on your business type, you’ll also need specific licenses and permits. For example, if you want to sell clothes, you’ll need an Apparel Industry Certificate of Registration. Acupuncturists need Acupuncture Licenses. Hairdressers need Barbershop Permits.
Use the NY Business License and Permit Index to identify requirements for your business type.
Additional Tips for Starting a Business in New York
- Plan Ahead: Many forms require notarization or additional documentation, so leave yourself plenty of time.
- Stay Compliant: Certain structures, like LLCs and LPs, must publish formation notices in local newspapers.
- Set Up Payroll: If you’re hiring employees, contact us to streamline payroll setup.
Ready to Launch?
Congratulations on taking the first steps toward starting your business in New York! Following these steps will set you up for success. Need help with payroll or HR? Get in touch with Complete Payroll to simplify your processes and focus on growing your business.
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