Does New York Have a Minimum Franchise Tax?
Not for LLCs. New York minimum franchise tax rules are part of the corporation tax system, not the LLC system. An LLC does not owe the Article 9-A fixed dollar minimum tax that applies to New York corporations. Instead, LLCs look at the $9 Biennial Statement every two years and, when applicable, the Form IT-204-LL annual filing fee based on prior-year New York source gross income.
Where the Minimum Tax Actually Applies
The fixed dollar minimum tax is a corporation concept in New York:
- New York C corporations generally face a fixed dollar minimum tax based on New York receipts
- New York S corporations also generally face a fixed dollar minimum tax based on New York receipts
- LLCs do not use that corporation minimum-tax schedule
That distinction matters because many owners read "minimum franchise tax" and assume it applies to every entity type. In New York, it does not.
What LLCs Should Budget For Instead
For New York LLCs, the recurring state-cost discussion is usually:
- Biennial Statement: $9 every two years
- IT-204-LL annual filing fee when applicable
- State income tax at the owner level on pass-through income
So an LLC can still have annual New York filing costs, but those costs are not the corporation minimum franchise tax.
Bottom Line
If your business is a New York LLC, do not use corporation minimum-tax tables as your compliance budget. Use the LLC rules instead: biennial filing with the Department of State and, where applicable, the annual IT-204-LL filing fee.
This is general information, not legal advice.