New York LLC Biennial Statement: Filing Guide, Fees & Deadlines (2026)

If you own an LLC in New York, staying compliant with state filing requirements is crucial to maintaining your business’s good standing. The New York LLC Biennial Statement is one of the most important compliance obligations you’ll face, requiring submission every two years by the end of your LLC’s anniversary month.

What Is the New York LLC Biennial Statement?

The New York LLC Biennial Statement is a mandatory filing that all domestic and foreign LLCs must submit to the New York Department of State every two years. This filing serves as an update to the state regarding your LLC’s current information, ensuring that state records remain accurate and that your business maintains its active status. The requirement is established under Section 301 of the New York Limited Liability Company Law.

Think of the Biennial Statement as a check-in with the state. It confirms that your LLC is still operating, provides updated contact information if necessary, and maintains the public record of your business entity. Unlike some states that require annual reports, New York’s biennial (every two years) requirement reduces the administrative burden on business owners while still ensuring regular updates.

Every LLC registered in New York must file this statement, regardless of whether the company is actively conducting business or remains dormant. This includes both domestic LLCs formed in New York and foreign LLCs that have registered to do business in the state. The filing requirement begins from the date your LLC was originally formed or registered with the New York Department of State.

New York LLC Biennial Statement: Key Facts at a Glance

Detail	Information
Filing Fee	$9
Deadline	Last day of anniversary month (every 2 years)
Where to File	New York Department of State
Late Penalty	No late fee (the fee stays $9; the LLC is recorded as past due until it files)
Legal Authority	NY LLC Law Section 301

When Is the New York LLC Biennial Statement Due?

Your New York LLC Biennial Statement is due by the last day of your LLC’s anniversary month, occurring every two years from the date of formation. The anniversary month is the month in which your LLC was originally formed or registered with the New York Department of State. For example, if your LLC was formed on March 15, 2020, your biennial statements would be due by March 31, 2022, March 31, 2024, March 31, 2026, and so on.

For newly formed LLCs, the first Biennial Statement isn’t due until two years after formation. This gives new business owners time to establish their operations before dealing with ongoing compliance requirements. The Department of State will send an email notice at the beginning of the calendar month in which the Biennial Statement is due, but only if an email address has been provided through its Email Address Submission/Update Service — so it’s still worth marking this date in your calendar or compliance system.

The timing remains consistent regardless of when during the month your LLC was formed. Whether your LLC was created on the 1st or the 30th of the month, the biennial statement is always due by the last day of that anniversary month in the appropriate year. This standardized approach simplifies compliance tracking for businesses formed at different times throughout the month.

How Much Does the New York LLC Biennial Statement Cost?

The New York LLC Biennial Statement filing fee is remarkably affordable at just $9 when filed on time. That makes the biennial statement itself one of the cheapest state filings in the country, especially considering it is only required every two years rather than annually — but it is not New York’s only recurring state charge. An LLC with any income, gain, loss, or deduction from New York sources must also file Form IT-204-LL every year and pay an annual filing fee: $25 if the LLC is a disregarded entity for federal income tax purposes, and $25 to $4,500 based on New York source gross income if it is treated as a partnership. Form IT-204-LL is due on or before the 15th day of the third month following the close of the tax year. The $9 fee applies whether you file online or by mail, and it covers the processing of your statement by the Department of State.

If you miss the filing deadline, New York does not charge a late filing fee. The fee for filing a Biennial Statement is $9 whether it is filed on time or past due, and a past due Biennial Statement may still be filed online on the Department of State’s website. What a missed deadline changes is the record rather than the price: the Department of State’s records, and any Certificate of Status or status letter you obtain, will show the LLC as past due in the filing of its Biennial Statement, which may prevent it from completing certain business transactions.

There is no reinstatement process and no reinstatement fee attached to a missed Biennial Statement, because New York does not administratively dissolve an LLC for failing to file one: a domestic corporation or LLC remains active until it dissolves. Catching up costs the same $9 — the past due Biennial Statement may be filed online on the Department of State’s website, and at the time of filing or at any time thereafter you may request a new Certificate of Status from the Division of Corporations.

How to File Your New York LLC Biennial Statement: Step-by-Step

Step 1: Gather Your LLC Information

Before beginning the filing process, collect all necessary information about your LLC. You’ll need your LLC’s exact legal name as registered with the state, your DOS ID number (found on your formation documents), and the post office address to which the New York Secretary of State shall mail a copy of any process accepted on the LLC’s behalf — under Section 301(e) of the Limited Liability Company Law that address is what the LLC Biennial Statement sets forth. Having this information ready will streamline the filing process and help avoid errors that could delay processing.

Step 2: Access the Department of State e-Statement Filing Service

Navigate to the New York Department of State’s e-Statement Filing Service at filing.dos.ny.gov/eBiennialWeb/. This online system is the fastest and most convenient way to file your biennial statement, and the $9 fee is paid there with a credit card or debit card. No account is required — but to use the service you must have the exact name of the entity and its DOS ID number. The Department of State posts the e-Statement Filing Service hours as Monday through Friday, 6:00 a.m. to 7:30 p.m. Eastern Time.

Step 3: Locate Your LLC and Select Biennial Statement Filing

Enter the exact name of your LLC together with its DOS ID number; the e-Statement Filing Service requires both before it will retrieve your entity. The system will then display the Biennial Statement for your LLC, allowing you to review and update the service-of-process address as necessary. Pay careful attention to ensure all information matches your current records.

Step 4: Review and Update Information

Carefully review all pre-populated information about your LLC. Update the post office address to which the Secretary of State shall mail process if it has changed since your last filing; for an LLC that address is the only item the Biennial Statement carries. A change of registered agent is not made here — it is filed separately on a Certificate of Change. Even if nothing has changed, you must still file the statement to maintain compliance. Double-check all entries for accuracy, as errors could cause complications with future filings or legal matters.

Step 5: Submit Payment

After reviewing and confirming all information is correct, proceed to the payment section. The system accepts credit cards and debit cards for the $9 filing fee — MasterCard, Visa and American Express are acceptable forms of payment, which is the same $9 whether the statement is on time or past due. Enter your payment information securely and submit the transaction. The online system provides immediate confirmation of payment processing.

Step 6: Save Your Confirmation

Upon successful submission, the system will generate a confirmation page and receipt. Save this confirmation for your records, either by printing a hard copy or saving a PDF to your digital files. This confirmation serves as proof of filing and includes the date and time of submission, which is crucial if any questions about compliance arise later. Consider setting a reminder for your next biennial statement due date, two years from the current filing.

What Happens If You Don’t File?

Failing to file your New York LLC Biennial Statement on time has consequences, but they are narrower than in most states. There is no late fee: the Biennial Statement costs $9 whether it is filed on time or past due. What changes is the public record — the Department of State’s records will show your LLC as past due in the filing of its Biennial Statement.

New York does not administratively dissolve an LLC for missing biennial statements. A domestic corporation or LLC remains active until it dissolves, and a foreign corporation or LLC remains active until it surrenders or terminates its application for authority. The lasting consequence of not filing is the past due marking itself: any Certificate of Status or status letter obtained from the New York Department of State will reflect that the LLC is past due in the filing of its Biennial Statement.

Because there is no administrative dissolution and no reinstatement procedure, catching up is simple: the past due Biennial Statement may be filed online on the Department of State’s website for the same $9, and at the time of filing or at any time thereafter you may request a new Certificate of Status from the Division of Corporations. What the past due status can cost you in the meantime is transactional — a Certificate of Status showing the LLC as past due may prevent it from completing certain business transactions.

Frequently Asked Questions

Do I need to file a biennial statement if my LLC isn’t actively doing business?

Yes, all New York LLCs must file biennial statements regardless of business activity level. Even if your LLC is dormant, holding no assets, or not generating revenue, you’re still required to maintain compliance with state filing requirements. The only way to stop the biennial statement requirement is to formally dissolve your LLC with the New York Department of State.

Can I file my biennial statement early?

No. A Biennial Statement should not be filed prior to the calendar month in which it is due, so if your anniversary month is June you can file from June 1 onwards. Filing late is a different matter: a corporation or LLC that is past due may still file its Biennial Statement online on the Department of State website after that month has ended.

What information can I change when filing my biennial statement?

For an LLC the Biennial Statement sets forth only the post office address to which the New York Secretary of State shall mail a copy of any process accepted on the LLC’s behalf, so that address is what the filing updates. It is not the place to change your registered agent — that designation is made, revoked or changed on a Certificate of Change — and you cannot change your LLC’s name through the biennial statement process. Name changes require filing separate Articles of Amendment with additional fees and documentation.

How do I know when my next biennial statement is due?

Your biennial statement is due every two years during your LLC’s anniversary month. To determine your anniversary month, check your LLC’s Articles of Organization — the document filed with the Department of State to form a New York LLC — which shows the date your LLC was created. The New York Department of State sends an email notice at the beginning of the calendar month in which the statement is due, but only to entities that have supplied an email address through its Email Address Submission/Update Service, so it’s still important to maintain your own compliance calendar or use a registered agent service that provides filing reminders.

Is the biennial statement the same as the annual report required in other states?

The New York biennial statement serves a similar purpose to annual reports in other states, but with the key difference of being required every two years instead of annually. Like annual reports elsewhere, it updates the state on your LLC’s current information and maintains your good standing. However, the biennial schedule and low $9 fee make New York’s requirement less burdensome than many states’ annual report obligations.

Bottom Line

The New York LLC Biennial Statement is a straightforward compliance requirement that helps maintain your LLC’s good standing with minimal cost and effort. At just $9 every two years, it’s one of the most affordable ongoing compliance obligations in the country — though an LLC with income, gain, loss, or deduction from New York sources also owes the separate annual Form IT-204-LL filing fee, which starts at $25. The key to success is simply remembering to file during your anniversary month: there is no late fee and no administrative dissolution, but a statement left unfiled leaves the LLC recorded as past due, and that shows on any Certificate of Status.

We strongly recommend setting up a reliable reminder system for your biennial statement deadlines, whether through calendar alerts, compliance software, or working with a registered agent service that provides filing reminders. Taking a few minutes every two years to complete this simple filing protects your LLC’s legal status and ensures you can continue operating with the full benefits of limited liability protection. Given the serious consequences of non-compliance and the minimal effort required to stay current, there’s no reason to risk your LLC’s good standing over this basic requirement.

Recommended LLC Services

Whether you need help with LLC formation, registered agent services, or annual compliance filings, these trusted providers can simplify the process:

Related LLC Compliance Guides

• LLC Compliance Requirements for All 50 States
• New Jersey LLC Compliance Guide
• Connecticut LLC Compliance Guide
• Pennsylvania LLC Compliance Guide
• Massachusetts LLC Compliance Guide
• Rhode Island LLC Compliance Guide
• Florida LLC Annual Report: Fees, Deadlines & Filing Guide
• California LLC Statement of Information: Fees, Deadlines & Filing Guide
• Wyoming LLC Annual Report: Fees, Deadlines & Filing Guide

Sources

The fee, deadline, penalty and filing-office facts on this page were checked against the official New York sources below on 18 September 2026, and corrected where they were out of date. States change fees and deadlines — confirm the current figures at these links before you file.

• dos.ny.gov/biennial-statements-business-corporations-and-limited-liability-companies
• filing.dos.ny.gov/eBiennialWeb/
• www.nysenate.gov/legislation/laws/LLC/301
• www.tax.ny.gov/pit/efile/annual_filing_fee.htm