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How to form an LLC in New York as a non-US founder (2026)

A plain-English guide to forming an LLC in New York as a non-US founder, covering costs, the publication rule, and PowerLaunch's process.

PowerLaunch Editorial Team · Updated September 7, 2026 · 5 min read

New York is a strong choice if your customers or vendors are there, but it comes with one unusual cost that most founders miss: the publication requirement. This guide walks through year one and ongoing costs on each PowerLaunch plan, what publication actually involves, and when Wyoming or Delaware might suit you better.

Who New York suits

New York makes sense if you have a real reason to be there. That could be a US business partner, a physical office, clients who expect a New York address, or a bank that wants a New York presence. If none of that applies to you, New York is usually not the cheapest or simplest option, mostly because of the publication rule covered below. If you do have New York ties, it is a normal, well-understood state to form in, and banks and payment processors recognize it without any friction.

What it costs in year one

New York's LLC filing fee is $205. A corporation filing fee is $125. Add this to whichever PowerLaunch plan you choose.

Plan Plan fee New York LLC filing fee Year one total
Launch $295 $205 $500
Run $1,995 $205 $2,200
Scale $2,995 (or $329/mo) $205 $3,200

These figures do not include the publication cost, which is separate and explained below. If you need your EIN faster, the expedited EIN add-on is $295 on Launch or Run, and it is already included on Scale.

Processing in New York typically takes 1 to 2 weeks. If you are a non-resident owner without a US Social Security number, expect your EIN in 2 to 4 weeks unless you add expedited processing.

The publication requirement

This is the part that catches most first-time founders off guard. New York requires LLCs to publish a notice of formation in two newspapers, usually for six weeks, in the county where the LLC is registered. The cost of this varies a great deal by county, and in some counties it can run to $1,000 or more. It is not a PowerLaunch fee and not a state filing fee either, it is paid to the newspapers directly or through a filing service, and the exact amount depends on where your registered address sits. Because this changes by county and by year, check New York's Department of State site for the current requirement in your county before you file. This single cost is the main reason some founders choose a different state instead.

Yearly cost after formation

Once your LLC is formed, New York requires a biennial statement rather than a full annual report, and the standard fee is small, around $9. This is far lower than the initial filing fee or the publication cost, so ongoing state costs in New York are modest. A corporation may also owe a minimum franchise tax depending on its situation, so check the state's site for the current minimum if you formed a corporation rather than an LLC.

Registered agent requirement

New York requires every LLC and corporation to keep a registered agent with a physical address in the state. This agent receives legal and state mail on your company's behalf. All PowerLaunch plans include a registered agent as standard, along with a virtual mailing and business address, so this requirement is handled automatically once you sign up.

State income tax, in general terms

New York does apply state-level income tax to businesses that have income connected to the state, and New York City has its own additional tax rules for entities operating there. The exact treatment depends on where your income is earned, where you operate from, and your entity type, so this is not something to assume from a general guide. Check the New York Department of Taxation and Finance site, or ask about this during your PowerLaunch consultation, for how your specific situation is treated.

Federal filings apply on top of any state position. A foreign-owned single-member LLC generally files Form 5472 with a pro forma 1120 by April 15 each year. Under the current 2026 interim FinCEN rule, US-formed companies are exempt from BOI reporting, though rules can shift, so it is worth confirming your status each year.

When Wyoming or Delaware would be the better choice

If you have no specific reason to be tied to New York, the publication cost alone often tips the decision toward a different state.

Factor New York Wyoming Delaware
Formation speed 1 to 2 weeks 1 to 3 business days 1 to 2 weeks
Publication requirement Yes, cost varies by county No No
Ongoing state cost Low, around $9 Low flat fee Franchise tax applies
Best fit Real New York ties Simplicity, lower ongoing cost Investor-facing companies, corporations

If your business has no physical or client tie to New York, Wyoming is usually simpler and cheaper to maintain. If you plan to raise investment or want a corporate structure that investors recognize immediately, Delaware is often the better default. New York earns its place when the business itself needs to be there.

Step by step through PowerLaunch

  1. Pick your plan, Launch, Run, or Scale, based on how much ongoing tax and bookkeeping support you want.
  2. Sign up at checkout and tell us New York is your target state.
  3. PowerLaunch files your LLC or corporation with New York, sets up your registered agent, and applies for your EIN.
  4. You'll get guidance on the publication requirement for your specific county, including current costs, so there are no surprises.
  5. Once your EIN arrives, PowerLaunch can introduce you to Mercury, Wise Business, or Relay for a business bank account. Approval is always the bank's decision.
  6. On Run and Scale, your licensed tax professional consultation and ongoing filings are handled inside MyCG.AI.

If a formation error happens on PowerLaunch's side, it is corrected at our cost and that portion of the fee is refunded. State filing fees, including New York's, are never refundable, since they go directly to the state.

What to do next

If you want New York specifically, or you are still weighing it against Wyoming or Delaware, book a free 20-minute consultation at powerlaunch.solutions/book and we will walk through your situation directly. When you are ready to move forward, start at powerlaunch.solutions/signup and pick the plan that matches how much support you want after formation.

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