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Starting a New York LLC
A New York Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.
An LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
1. LLC Name Search
The first step in the LLC formation process is to make sure your desired business name is available for use.
Your New York LLC name needs to be unique among all the existing businesses registered in New York.
Make sure your New York business name is available by doing a business name search:
New York Division of Corporations: Business Entity Database
Limited Liability Name Designator
Your LLC name must include a designator at the end. New York law allows the following designators:
- LLC (most common)
- Limited Liability Company
2. LLC Publication Requirement (Part 1)
New York is 1 of only 3 states that require Limited Liability Companies to publish an ad in the newspaper after they are formed.
The original purpose was to “notify the public” that you were forming a business. Although this is somewhat antiquated, New York’s LLC law still requires new LLCs to run an ad in 2 newspapers for 6 weeks.
How much do the newspaper ads cost?
Publication costs vary widely in New York because the ad price is determined by the county your LLC is located in.
Some counties only charge $200 to $300, but other counties – especially those in the 5 boroughs – can be upwards of $800 to $1,200.
However, we have a workaround for this. If your LLC is located in an expensive county, you can hire a New York Registered Agent with an office in a really affordable one, like Albany county. Then you can use their address in your LLC filing, publish your ads in Albany, and then change your address back afterward.
If you want to save money on the publication costs, we recommend hiring Northwest Registered Agent.
They’ll let you use their Albany address in your LLC filing. This way, you can publish your newspaper ads in Albany and save money. Depending on where your LLC is located, this can save you hundreds of dollars.
(Note: Northwest won’t publish the ads for you. You’ll need to do that yourself. They’ll just be serving as your Registered Agent and they’ll let you use their Albany address.)
Special offer: If you hire Northwest to form your LLC ($39 + state fee), they’ll include their Registered Agent service free for the 1st year.
(Check out our Northwest Registered Agent review to learn more)
To figure out your potential cost savings, we recommend calling two newspapers in your county for a quote. And then you can compare it against our table of publication costs to see how much money publishing in Albany might save you.
Additionally, since newspapers charge based on the length of the ad, you can use our concise sample ad when you call for a quote.
You’ll find instructions on how to find the newspapers in your county and a table of newspaper publication costs, in our New York Publication Requirements guide.
It’s important to note that you’re not actually publishing your ads in the newspapers yet. You’ll do that after your LLC has been approved and we’ll walk you through it below. You’re just researching your county’s publication costs ahead of time to decide if hiring and listing a Registered Agent Service on your LLC formation documents will save you money.
3. Articles of Organization
The New York Articles of Organization is the document you’ll file to officially create your LLC. You’ll file the same document regardless of whether you’re forming a Single-Member LLC or a Multi-Member LLC.
NY LLC filing fee: $200
Check out LLC Cost in New York for more info about fees for a NY LLC.
LLC approval time:
If you file online, your LLC will be approved immediately.
If you file by mail, your LLC will be approved in 8 months (plus mail time).
Note: Filing times may take longer due to the current global situation and government delays. Please see how long does it take to get an LLC in New York.
You can file by mail, or online. We recommended the online filing.
You can file online using the NY.gov Business Account.
File by mail
Send your Articles of Organization (DOS 1336) and the filing fee to:
NY Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
What you get back
If you file by mail, the New York Department of State will only send you back a Filing Receipt. In order to get a copy of your approved Articles of Organization, we recommend paying $5 for Plain Copies (you’ll select this in your Cover Letter).
If you file online, the state will send you back a Filing Receipt and a copy of your approved Articles of Organization.
We’ll walk you through how to start an LLC in NY step-by-step in our New York LLC Articles of Organization guide.
Or, you can hire an LLC formation service. Check out Best LLC Services for some of our reviews.
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
4. LLC Operating Agreement
If the Articles of Organization is the document that forms your Limited Liability Company, then the Operating Agreement is the document that governs it.
Unlike the New York Articles of Organization, you don’t need to file your Operating Agreement with the New York Secretary of State, New York Tax Department, the County Clerk, or any other agency for that matter.
It’s an “internal document”, meaning you just keep a copy with your LLC/business records.
An Operating Agreement for an LLC in New York usually contains information about how duties, responsibilities, profits, and losses are split amongst the LLC owners.
Note: Operating Agreements are not limited in what you can put in them. If necessary, you can add any additional provisions/sections, as long as they are legal.
Why is having an Operating Agreement important?
A written Operating Agreement documents how you will handle disputes and arguments among the Members. It also spells out the “bylaws” of how your business is to be run. Having an Operating Agreement can also help maintain your personal liability protection.
New York LLC Operating Agreement template: We provide free New York Operating Agreement templates that you can download here: New York LLC Operating Agreement.
5. Federal Tax ID Number (EIN)
After the New York Department of State approves your LLC filing, the next step is to get a New York EIN Number for your LLC from the Internal Revenue Service (IRS).
Important: Make sure to apply for your Federal Tax ID Number only after your New York LLC is approved. If you don’t, and your LLC filing is rejected for some reason, you’ll have a Federal Tax ID Number connected to a non-existent LLC.
The LLC’s Federal Tax ID Number is similar to our Social Security Number. It identifies your business entity with the IRS and will be used for taxes and reporting.
A Federal Tax ID Number is also called a Federal Employer Identification Number (FEIN) or just an Employer Identification Number.
Needed for banking and more: Besides being used by the IRS for federal business taxes, you’ll need your LLC’s Federal Tax ID Number when you go to open an LLC business checking account. You’ll also use your LLC’s Federal Tax ID Number when operating with other businesses and for the registration of certain business licenses and permits.
Cost: Free ($0). Applying for a Federal Tax ID Number (EIN) with the IRS doesn’t cost anything. There is no application or registration fee.
Methods of applying: You can get a Federal Tax ID Number for your New York LLC either online, by fax, or by mail.
File online: We recommend using the EIN online application because of the extremely fast approval time of 10 to 15 minutes. The online application is only available Monday through Friday, from 7am to 10pm Eastern. You’ll get a PDF printout with your Federal Tax ID Number at the end of the application.
Important: You can only use the online EIN application if you have an SSN or ITIN.
Non-US Resident: Don’t worry if you don’t have an SSN or ITIN. You can still get an EIN from the IRS. You just can’t apply online. Instead, you’ll need to fax Form SS-4 to the IRS. And we have instructions on this page: EIN without SSN.
6. Publication Requirement (Part 2)
After your LLC is approved, you’ll need to publish an ad in 2 newspapers.
You must run your ad in 2 newspapers for a period of 6 consecutive weeks. One newspaper must have a daily circulation and the other must have a weekly circulation.
You must complete this requirement within 120 days of your LLC’s approval date. Once your ads have finished running, you’ll receive an Affidavit of Publication from each of the newspapers.
You’ll need these affidavits to complete the next step: submitting your Certificate of Publication to the state.
We’ll walk you step-by-step through how to publish your newspaper ad, including how to find two newspapers and place your order with them.
7. Certificate of Publication
After your ads have run for 6 consecutive weeks, you must prove to the state that you have satisfied the New York LLC publication requirements.
To do this, you’ll need to submit a Certificate of Publication ($50 filing fee) along with a copy of both Affidavits of Publication you received from the newspapers.
We walk you through how to complete and submit your New York Certificate of Publication, step-by-step.
8. Biennial Statements
All New York LLCs must file a New York LLC Biennial Statement every two years in order to remain in “active” status and to avoid being administratively dissolved and shut down by the New York Department of State.
New York LLC Biennial Statement filing fee: $9 (due every two years)
Due date: Your Biennial Statement is due by the end of your LLC’s anniversary month.
Note: Your first Biennial Statement is not due until the 2nd year following the year of your LLC’s formation. For example, if your LLC was formed in March 2023, your LLC’s Biennial Statement will not be due until March 31st of 2025.
Method of filing: The New York Department of State allows you to file your LLC’s Biennial Statement and pay the filing fee online.
What you’ll get back: After you file your LLC Biennial Statement successfully, you won’t get back a copy of the form or a receipt. You’ll just get a confirmation message. Don’t worry, though; this is normal.
9. New York Taxes
Each company has unique New York LLC Taxes requirements, but we can give you an overview of the Limited Liability Company tax situation.
LLCs have “pass through” taxation. Meaning, profits or losses flow through to your personal tax return and are usually listed on a Schedule C.
State and local taxes
New York LLCs must register and pay New York state taxes with the New York State Department of Taxation and Finance, as well as your local municipality (ex: city, town, county, etc.).
LLC University® Recommendation: Hire a business accountant after your New York LLC is formed. Read our free guide on how to find an accountant, or check out Thumbtack.
10. New York Business Bank Account
You can open a bank account for your LLC to keep your personal and business assets separate. This helps maintain your liability protection.
Business debit card: Your bank will issue a debit card after you open the account.
Business credit card: You can also get a business credit card to earn points, miles, and other rewards.
When you go to open your business bank account, you’ll need to take your:
- Approved New York Articles of Organization
- EIN for your LLC
- Driver’s License
In addition to your Articles of Organization and EIN Number, some banks may require a copy of your Operating Agreement. We recommend calling your bank ahead of time to double-check which documents are required.
You should also shop around. Some banks charge monthly fees for a business bank account, but others don’t. Call a few banks in NY to compare your options.
New York Division of Corporations Contact Info
New York Division of Corporations
8:30am – 4:30pm Eastern time, Monday to Friday
How to Start an LLC in NY FAQs
How much is an LLC in NY?
It costs $200 to start an LLC in New York. This is the filing fee paid to the New York Department of State for submitting your LLC Articles of Organization.
That said, New York also requires you to publish a notice in 2 newspapers. Depending on which county you listed for your office in your Articles of Organization, the costs for this can vary from $300 to $1,500.
Once you’ve paid for the newspaper ads, you’ll also need to pay $50 to file the Certificate of Publication.
You may also need to pay for municipal or industry-specific licenses and permits, or get a state-level sales tax permit. The costs of business licenses vary widely by municipality. Reach out to your local municipality if you have any questions about your LLC’s unique needs.
Other items you’ll need – like an EIN for your LLC – are free.
If you have an LLC formed in another state, but you want to conduct business in New York, you’ll need to register that out-of-state LLC in New York and pay the associated filing fee. This is known as a Foreign LLC registration.
You can find Foreign LLC fees on this page: Foreign LLC fees by state
Do you have to pay yearly for an LLC in NY?
Although you don’t have to pay an annual filing fee for an LLC in New York, you do have to pay a fee every two years. This is called the Biennial Statement filing fee.
The New York Department of State requires you to submit paperwork updating your business’s contact information with the state along with a $9 fee. It’s due every two years by the end of your LLC’s anniversary month.
What is needed to form an LLC in NY?
To form an LLC in New York, you’ll need to:
- Pick an LLC name that is available and unique in New York
- Decide whether you want a Registered Agent
- File Articles of Organization with the New York Department of State
- Complete and sign an LLC Operating Agreement
- Apply for an EIN for your LLC with the IRS
- Publish an ad in two newspapers about your LLC being formed
- File your Certificate of Publication with the New York Department of State
And once your LLC is formed, you’ll need to get a business bank account for your LLC and obtain any industry-specific or municipal licenses
How long does an LLC last in NY?
By default, LLCs last forever and don’t automatically shut down.
You specify how long you want your LLC to last (called the LLC Duration) in your Articles of Organization.
For example: If you select a “perpetual” duration for your LLC in your Articles of Organization, then your LLC will exist until you decide to file paperwork with the state to shut it down.
If you specify a date you want your LLC to be dissolved on, your LLC will exist up until it dissolves on that date.
You’ll also want to keep up with state filings:
Once your LLC exists, you’ll also want to keep up with state filings – like the Biennial Statement. Biennial Statements are filed every 2 years to keep your LLC in good standing with the state of New York.
Do I need an EIN for an LLC?
Yes, you should still get an EIN for your New York LLC even if you don’t hire employees.
Although it’s called an Employer Identification Number, it doesn’t mean you as a business owner has to have employees. The EIN Number is just a way for the IRS to identify your business.
You also need an EIN to open a business bank account for your LLC and for filing tax returns.
Note: If you are the only owner in your business, you are not considered an employee. You are simply the owner.
Is a Registered Agent required in New York?
In most states, a Registered Agent has to be designated to form an LLC.
In NY however, the New York Secretary of State serves as the Registered Agent for all New York LLCs. So Registered Agents aren’t required.
However, if you want to save money on the New York LLC publication requirements (and you’re located in an expensive county), you can hire a Registered Agent Service in Albany county and publish your ads in Albany to save money.
(In this case, you’ll actually have two Registered Agents. The Secretary of State will be the “main” Registered Agent. And the Registered Agent Service you hire will be the “backup” Registered Agent. And any mail or legal documents that are sent to your LLC’s Registered Agent Service will be scanned and uploaded in your online account.)
In summary, you’re not required to hire, or use, a Registered Agent for an LLC in New York, however, doing so could save you hundreds of dollars if you’re in an expensive county. This is because you can use their Albany business address as your LLC’s business address.
We discuss this strategy in more detail above.
What are the benefits of having an LLC?
There are 2 main benefits of having an LLC in New York: personal asset protection and LLC pass-through taxation.
The first benefit of a New York LLC is protecting your personal assets. Meaning, if your business is sued, your personal assets – like your home, cars, and bank accounts – are protected.
This protection applies to all LLC owners (called LLC Members). It doesn’t matter if you have a Single-Member LLC or Multi-Member LLC. All of the LLC Members are protected from the business’s debts and liabilities.
This type of protection wouldn’t apply if you operate as a Sole Proprietorship or Partnership.
With an informal business structure (like a Sole Proprietorship or Partnership), the owners aren’t protected in the event of a lawsuit. For that reason, an LLC as a business entity is a much more common business structure than a Sole Proprietorship or Partnership.
Another benefit is LLC pass-through taxation.
This means the New York LLC itself doesn’t pay federal income taxes. Instead, the profits “pass through” to the LLC Members. And the Members report and pay the taxes on their personal tax return.
To learn more, please see How are LLCs taxed.
NEW YORK LLC GUIDE
Follow the lessons below to form your New York LLC.
128 comments on “New York LLC”
Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.
Hi Matt – great content!
Question: is there a company you like that handles the NY publication requirement (I gather that Northwest doesn’t)? Thanks! Vlad
Your information helps a lot. Just wondering are Attorneys allowed to format an LLC in New York instead of a PLLC？
Thanks JL, glad to hear that. Yes, if you’re going to be practicing law through this entity in New York, it must be a PLLC and can’t be a regular LLC. Hope that helps.
Thank you so much for the step-by-step information on how to form an LLC. I am in the process of doing so. I just had one question. Can I go on the IRS website and file for my own EIN? Will this be attached to my LLC if I have a company assist me?
You’re very welcome! After your LLC is approved, you can apply for the EIN for your LLC yourself, or you can hire someone. Either way, in the application, you’ll provide the IRS the LLC’s name and your information as the EIN Responsible Party. This will “connect” the EIN to your New York LLC.
Thank you. I have a few businesses under me. I filed for a single-member LLC. Can I use just one EIN for all of the businesses? It’s just me?
You’re welcome. When you say multiple business, do you mean multiple LLCs or multiple business activities (ran by you as a Sole Proprietorship)?
I registered as a single member LLC. Under the LLC I will have different businesses. Does each business need an EIN?
Thanks Marianne. The correct way to think about it is one business entity with multiple different business activities. Said another way, one LLC with multiple different business activities. If you say “multiple businesses”, it implies multiple entities. So the answer to your question is no. You just need one EIN for the one business entity you have… aka, one EIN Number for your one LLC. All activities can be individually reported on Schedule Cs when you file your personal 1040 tax return. Hope that helps.
I own an S Corp and want to make a subsidiary LLC to purchase a property under. Do I just make the LLC like normal and then within the Operating Agreement list the member as the S Corp? Does the state every know that the LLC is subsidiary to the S Corp? Or is this just a private matter within the business?
Hi Greg, yes, correct. In New York, Members aren’t listed on the Articles of Organization, so to the Secretary of State (and public), it’s private. It’s in the Operating Agreement. However, the Department of Taxation and Finance (and IRS) will know, but that info isn’t public record.
You missed the NYS Dept. of Taxation annual LLC fee filed on tax form IT-204-LL. The amount depends on if the LLC is treated as a partnership or not. It ranges from $0 if no NYS income or property held, to an amount determined from NY gross income, but for SMLLC’s that have income or property it is a fixed $25/year.
Most places get the $9 or $25 fee, but no place that I’ve found yet has both disclosed. Failure to file the tax form, even if no fee is due, can lead to tax penalties and revocation of the LLC’s articles.
Chris, thanks so much for your comment! We’ll review this and get things updated shortly.
This site is SO helpful! I was curious if you have info on whether or not I need to file an amendment if changing my business purpose with an existing LLC in New York. I filed right at the beginning of covid and didnt realize what an impact that would play…so I pivoted to a completely different sector.
Hi Theresa, I apologize for our slow reply. We’re so happy to hear that! No, you don’t have to file an amendment each time your business changes its purpose. Hope that helps.
You have been terrific in answering my questions. I am planning to run an LLC in New York from my home. What can make this problematic for my personal assets if the courts want to “Pierce the Corporate Veil”? What can trigger the piercing?
That’s great to hear Marc :) Piercing the corporate veil is a pretty complex subject matter, however, generally, it would only apply if there was fraud, wrongdoing, or injustice on your part. It is also important to treat the LLC as a separate legal entity. So the LLC should have its own LLC bank account, have adequate funds in the LLC bank account to run the business, and you shouldn’t commingle money (pay personal expenses from LLC bank account or pay business expenses from your personal bank account). Hope that helps.
Your content is amazing! I’ve binged your continent on youtube and on your website it’s been really helpful. I live in NY and I’m planning on starting the paperwork for my business soon, but I don’t want people to be able to research my llc and know my name or info. Is that possible to do that in state or would I have to do that out of state?
Hi Jaime, thank you! Glad it’s been so helpful :) You don’t have to form an LLC out of state. Plus, even if you did, you’d need to register that LLC as a foreign LLC in New York.
Members or Managers are not listed in the New York LLC Articles of Organization, so you would need someone to sign the form as the LLC Organizer or hire a filing company (we recommend Northwest Registered Agent). If you hire Northwest, you can use their address throughout the Articles of Organization. Using their address will also help you save money on the LLC newspaper publication requirement. And you can have them file your New York LLC Biennial Statement every 2 years also. Hope that helps.
Really appreciate your work!!
I am a Canadian Resident and created foreign owned single member LLC in NY with Northwest Registered agent.
Now, I want to add my US resident friend as partner in my LLC.
Question 1: Article of Organization i received, does not even mention Members detail (for eg. my name), so if I want to add my partner , how and where to do it?
Question 2: If I want to restate the Article of Org. to add new member, instead of Amending the article, can you please provide link of the process? and form to Restate the Article of Org.?
Which form will now be applicable for tax purposes after changing LLC to Partnership (50%Foreign + 50%US residents partners) .
and Best Regards,
Hi Syed, thank you! We recommend speaking with an accountant first. Typically, Canadians with a US LLC have to pay taxes to the IRS and the CRA. For federal tax purposes, if you add an LLC Member, you’ll need to file Form 8832 with the IRS (assuming you already have an EIN for the LLC) to change the classification to Partnership taxation. If not, when you get the EIN and tell the IRS there are two Members, they’ll tax the LLC as a Partnership (so no need to file Form 8832).
To add an LLC Member, you don’t file anything with the New York Division of Corporations. It’s done internally/privately. You can sign an Assignment of LLC Membership Interest (we don’t provide this form at this time) and amend the LLC’s Operating Agreement. You will also need to update the New York Department of Taxation and Finance. Hope that helps.
Hi! I haven’t found a straightforward answer online and thought I would ask: I am planning on updating both my LLC’s address (it was formed in Albany but I want to change it to my nyc address) and the name. Is it better to do one first and then the other? Or is there a form I can do both on? Love the content! It’s really saving me right now!
Hey Amanda, thanks! That is great to hear :) Have you completed the New York LLC publication requirement? If yes, you can change the LLC name, the county, and the address for forwarding of service of process by filing a Certificate of Amendment (please see change New York LLC name). However, the state form isn’t long enough by default to allow for the change of county and change of the address for forwarding of service of process (I’m assuming you need to change both). In that case, you can create your own Certificate of Amendment (basically, copy what you see in the state form, but give yourself an additional section to amend.
If that’s a bit too much, then the order in which you file should be based on what’s more important to you (there is no rule as to the order). For example, if the name being changed is more important and you can wait on the address change (which you’d file via New York LLC Certificate of Change), then file the Amendment first and change the LLC name. If the address is more important, file the Certificate of Change first. In either order you choose, we recommending waiting until you get the Filing Receipt back in the mail before doing the next filing. This way, you know the first part has been processed. Hope that helps.
LLC in NY is there a franchise tax that needs to be paid? Thanks
Hi Anthony, typically no, unless the LLC has made a certain federal tax election (ex: LLC taxed as C-Corp or LLC taxed as S-Corp). Hope that helps.
Yes it does, thanks Matt. And this is a beautiful resource that you are providing!
You’re welcome Anthony. Thank you!
In NY, on the DOS website you can search for LLCs – when a company’s listing appears and gives the “file date”, is that the date the LLC was filed for, or the date the publication requirements were met? My confusion comes from the knowledge of a new business that was NOT yet formed on 11/18/20. The soonest the application could have gone to DOS would have been 11/19/20. Publication requirements can not be met between the dates of 11/19 and 12/15 nor 12/15 as a filing date and today’s date. It was done through Legal Zoom, who doesn’t handle publication requirements. And the AOO were never publicized in the required newspapers in my county. Any clue, how the active listing would appear if they have NOT met those requirements? I filed an LLC in my that is currently in the publication stage, and mine doesn’t appear so I believe it doesn’t show until the certificate of publication has been filed. Something is off. Any thoughts?
Hi Amy, the File Date in New York is the LLC effective date. This is the date your LLC went into existence. The publication requirements are supposed to be met within 120 days of that date. The LLC falls out of good standing after 120 days, but that status isn’t reflected in the Business Entity Database. If an LLC is not in good standing, it immediately goes back into good standing once the publication requirements are met. Hope that helps explain it :)
That answers my question! Thank you so much for helping me understand the process better!
You’re very welcome Amy!
Hi, I followed your videos and successfully did my own LLC – thank you!! So we formed an LLC for Gaming Apps. However, we are looking to expand to Jewrly making. Can that be just done through the LLC or do I need to fill out a form with the state and D&B changing the scope of work?
Hi Lisa, you’re very welcome! You don’t have to file anything to change the scope of work. An LLC can be used for multiple business activities if you’d like. Please see here: Can I use my LLC for more than one business?
If I want to file an LLC in NY with NorthWest, how does it work with the newspaper requirement?
Also, it seems the one requirement for NY is an extra $100 with NorthWest. So trying to figure out the costs of everything before I start
Hi Lisa, we break down the fees and have it better explained on this page: New York LLC publication requirement. Hope that helps.
Hi Matt, I have already started an llc have an EIN and opened my business acct. The bank needed to know what type of business I waa doing. First question, Can I change the type of business that I want to do? Second, If I do another business under the LLC Can I later create a new LLC and place that business under the new LLC to have them separate?
Hi Tee, yes an LLC can engage in multiple different businesses (business activities) without the need to request permission from state or the IRS (unless it were a Professional LLC).
If you form a new LLC, that new LLC can be owned by you or can be owned by the first LLC. Either way, from a legal perspective, it is still a separate legal entity. From a tax perspective, the new LLC will be treated as a Sole Proprietorship (if owned by you) or a branch/division of the parent company (if owned by your existing LLC). Hope that helps.
Hi Matt, I am starting a real estate investment business in NY. My LLC is not set up yet. Am I able to conduct business while my LLC is pending approval? Or must I wait until everything is set up? I am wondering if I make a profit before the LLC is formed, will I be taxed personally? Also, do you recommend I obtain a PO Box for a business address instead of using my home address? TIA
Hi Josette, the LLC can’t conduct business until it exists. Yes, you’ll pay taxes for money you make before the LLC is formed. However, if you are going to form a Single-Member LLC, by default, it’ll be taxed like a Sole Proprietorship (so the same amount of taxes are paid).
Regarding the address, do you mean for the addresses on the New York LLC Articles of Organization? Or do you mean after the LLC is formed, the general business address given out to others and used for general business purposes? Also, are you aware of the newspaper publication requirement?
Can you have an LLC without a business?
Do you have to know what business you’re going to do before forming an LLC?
Hi Dee, yes, you have an LLC with no business activity, like an “empty” LLC doing nothing. And no, you don’t have to know what the LLC will do before forming it. New York law has a “general purpose” clause. Meaning, an LLC can be formed for any and all lawful purposes. Hope that helps.
I am associated with a business that has 1 LLC. We are opening multiple locations for that one business. Would each location require an LLC? Is it possible to put all locations under 1 LLC? We are looking to franchise would multiple LLC be plausible?
Hi Angelina, the locations can be opened under 1 LLC or multiple LLCs. However, if you’re purchasing real estate, you may want to consider using separate LLCs to isolate liability risk. Additionally, we recommend speaking to a franchise attorney as there are numerous ways to structure things.
Our company recently had a ny llc approved but accidentally listed the wrong zip code in the formation doc. Is this something that we should amend?
Hi John, in what section of the New York LLC Articles of Organization is the incorrect zip code?
The designation of service of process. The zip code is only off by one number and, and the incorrect zip code is physically directly next to the correct zip code.
Thanks John. You’ll want to file a New York LLC Certificate of Change and change the address for forwarding of service of process. That would be #2 under THIRD. Hope that helps.
I currently live in NYC; my plan is to form an Wyoming LLC with a virtual office in Wyoming where I can get higher loans at a lower interest. Should I also open an LLC in NY or have that LLC own a LLC in NY? What are the potential drawbacks of this approach?
Hi John, if the Wyoming LLC is doing business in New York, it’s supposed to be registered as a foreign LLC in New York. The Wyoming LLC can also own a New York LLC, too. In this manner, the Wyoming LLC doesn’t need to be registered as a foreign LLC in New York, since activities in New York would be carried out by the New York LLC (and the Wyoming LLC would just be a holding company that owns the New York LLC). Hope that helps.
I live in NY State and I want to change ownership of my LLC to my wife (not sell). What’s the easiest way?
1. If I only need to draft a new operating agreement, do you have a template you would recommend? I generated my first one through Northwest.
2. If I need to get a new EIN for her, how do I do that?
3. Is there anything else I need to do or file?
Thank you immensely for your course! You have been instrumental in helping me start my exciting business.
Hi Jan, transferring LLC membership interest is not always a straightforward process. For that reason, we recommend working with an attorney. However, here is the overview:
1. You need to transfer 100% of your LLC membership interest to your wife. This can be done with an Assignment of LLC Membership Interest form.
2. You’ll need to amend the LLC’s Operating Agreement showing that the new Member was added and that you were removed.
3. You don’t need to amend the Articles of Organization with the NY Division of Corporations since Members are not listed there.
4. Visit the bank together, show the bank your documentation, and add the new Member as a signer and remove yourself as signer. We recommend calling the bank ahead of time and ask to speak with the branch manager. Make sure you have all the documents they need.
5. The LLC’s federal tax classification (LLC taxed as Sole Proprietorship) will not be changing, so you just need to change the LLC’s EIN Responsible Party.
6. You’ll need to contact the NY Division of Taxation regarding updating the account.
7. And please speak with an accountant regarding any filings that may be affected.
Hope that helps!
Thank you Matt!
For staffing and consulting business what principal activity of business comes under? is it just consulting?
also has or expects to have employees who will recieve w-2 forms in next 12 months? I am not sure at the moment so it will be no right
Hi Sunny, are you asking about the EIN Number for LLC? Typically, you would categorize the business by its primary activity. It’s flexible though, so if you want to list consulting, you can. If you don’t know about having employees, you can answer no. This doesn’t prevent you from hiring employees if the need arises though. Hope that helps :)
Hey Matt, we’re deciding whether to file our LLC in NY or Delaware. 3 out of the 4 co-founders are located in NY (one is international), but the company will be doing on-line sales of a hardware device nationwide. I seem to be finding conflicting information regarding how taxes will be paid. Are we better off filing in NY since the device will be assembled and shipped from NY, or Delaware because anyways we’re selling nationwide?
Hi Bobak, an LLC is supposed to be formed/registered in the state(s) where it is transacting business. That has much more to do with where you are running your operations from and not where your customers are located. It sounds to me like you are doing business in New York. If you form in Delaware, you’ll likely run into the need to register your Delaware LLC as a foreign LLC in New York. You’ll want to speak to an accountant to dive into the details, but you’ll liked pay taxes in New York. Hope that helps.
Thank you for providing the great information. My question is. Is it possible to add beneficiary to SMLLC operation agreement (Formed in New York State) to transfer ownership in case death or disability of the member? If yes, do you have the sample of the wording?
Yes, you can customize your Operating Agreement to transfer ownership upon death. We don’t provide any sample wording at this time. We recommend working with an attorney (maybe an estate planning attorney) to get it properly drafted. Hope that helps.
Hi!Matt, my partner and I are trying to form en LLC, the issue is that he doesn’t have a SSN but I do.
My question is to know if we still can form the LLC using my SSN only.
Hi Bazomboue, no worries. You can still get an EIN for your LLC. First, only one person is listed with the IRS. That person is known as the EIN Responsible Party. If you are going to be the Responsible Party, you can obtain the EIN by mail, fax, or online (online is the fastest). If your partner wants to be the Responsible Party, he can only apply by mail or fax (not online). He doesn’t need an SSN or ITIN to get an EIN for your LLC. However, the approval time will be much slower (4-6 weeks). Please see how to get EIN without SSN for more details. If you are going to be the Responsible Party, you can obtain the EIN online from the IRS after your LLC is approved by the state. You can find instructions here: how to get an EIN for LLC. Hope that helps!
I received an LLC Request for Information from the NY State Dept of tax that requires a response within 15 days. One of the fields on that form is business address. Northwest is my registered agent in Albany County, though the business address will be in Putnam County once the publication period ends. Should I respond with the Putnam County Address now on this form, even though Northwest is listed under the Albany address for the time being? TIA
Hi Eric, great question. You should use your Putnam County address on the LLC Request for Information. Northwest doesn’t want to be handling your LLC’s tax correspondence with the NY Department of Taxation & Finance. But don’t worry, this form doesn’t affect the newspaper publication requirement. These are two separate things. Also, the 15 day rule is not a hard rule and there is no penalty for submitting the LLC Request for Information later than 15 days. You do want to get it in, but you don’t have to stress and get it out the door right away. Hope that helps!
Good Day Matt,
I am from Pakistan and want to register LLC in USA for Amazon business.
I have few questions as I am not clear about that points.
1- To register LLC, is it necessary to hire the accountant? If I apply online on my own then what hurdles can be there?
2- I have heard office manager should be trustworthy person because office manager of your LLC has complete access to US Bank account. His signatures are there even his name is there on debit card of your LLC under your LLC’s name. So it there is possibility that he can cheat. How we can mitigate this problem.
I’d like to change my single member LLC from myself to my wife. Can you please suggest how we can do that? I called Northwest and they said they cannot do this.
Hi Yuri, below is the general overview, however, it’s best practice to work with a competent attorney on something like this.
– Review the Operating Agreement to check procedure for adding/removing an LLC Member.
– Draft a Resolution documenting the decision.
– Prepare an Assignment/Transfer of LLC Membership Interest (you need to transfer your LLC interest to your wife).
– Change the LLC EIN Responsible Party
– Amend the Articles of Organization (if there are applicable changes). Note: Members aren’t listed on the NY LLC Articles of Organization.
– Update the NY Department of Taxation and Finance
– Update bank account
– Update debit/credit cards (if applicable).
– Also, there may be other places where you need to make updates.
As an alternative, you could also dissolve this LLC (or keep it open) and have your wife form a new LLC. Hope that helps!
I filed an LLC document and created a business accnt with my bank. My bank is now asking for a Beneficiary Ownership Declaration. Do you have any suggestion on who could contact to get this document. One accnt said it would cost $650 and it looked very steep. Do you have any suggestions?
Hi Ash, first, it’s weird that the bank doesn’t have their own form (most major banks do). And second, it’s crazy that someone wants to charge you $650 to prepare the form. You can find a free Beneficial Ownership Declaration Form from FinCEN (the bureau responsible for these new banking regulations). We linked it on this page: Beneficial Ownership Rule and LLC Bank Accounts. Hope that helps!
I am trying to form an LLC with two organizers/members. When I fill out the LLC articles of organization form, I don’t see an option to select a multi-member LLC.
Should I just add two names within the ‘organizer’ section of the document?
Your advice is greatly appreciated.
Hey Michael, an LLC Organizer is not automatically an LLC Member by nature of being listed in the Articles of Organization. In fact, the New York LLC Articles of Organization doesn’t ask for Member information. That would be included in the New York LLC Operating Agreement. For more info, please see LLC Organizer vs LLC Member. Hope that helps!
Hi Matt, my LLC registered in New York and we planning to have some remote workers outside the US. How we do about that? Is that going as an extended office?
Hey Kushan, I don’t fully understand the context of your question. You could just hire them as contractors on behalf of your LLC. Keep track of what your LLC pays them as it is a business expense. You won’t have to issue them 1099s at the end of the year since they are non-US persons. Hope that helps.
I want to register a LLC Business in New york but I will be working with this overseas of the country, how much I must pay for the state fee each year?
Even though I am read about wyoming state and the beneficts, which of both is better for me?
I am a sole owner and foreign, non US Resident….
Hi Herluy, for ongoing fees and taxes in NY for non-resident business owners, you’ll want to speak to an accountant. We’re unable to provide that information as it depends on multiple factors. Once you decide on where to form your LLC, we have infomration on EIN and banking for non-US residents: How to apply for an EIN without an SSN and Non-US residents opening US LLC bank account. Hope that helps.
Hi Matt, my fiance and I filed a DBA partnership in the county where she lives, Cook, county IL; I reside in NYC. We also have an EIN for the partnership. However, we have not opened a business bank account or conducted any business under the name of the partnership yet. We plan to move to Maryland before the end of 2018, and will start to generate business activity/revenue in NY, MD and IL over the next couple of months. We have done some branding (we are a consulting/ marketing business) in the name of the partnership and would like to keep it as we look to form the LLC. My question is which state should we form the LLC in and can we retain the existing name and EIN?
Hi Ron, in which state will most of the business activity be ran from? That’s likely the state where you’ll be doing business from (and where you should form the LLC). You’ll want to get a new EIN for your LLC after it’s approved. Hope that helps.
Hello Matt! in January 2018, I was able to do just 1-4 steps of your lessons and got online filing receipt from NYS Department of State. Then the situation changed and I moved out of State. What variants do I have now with that LLC ? Should I close it or transfer to my current State? It never got Tax ID number, I never opened a bank account for that LLC. And never provided any service. Please advice. Thank you so much!
Hey Kate! Will you be changing your residency to the new state? If so, the easiest route to take would be to dissolve the New York LLC and set up an LLC in the new state where you’ll be living and doing business from. Hope that helps.
Say I was making a business called Tomorrow For Two and I wanted to use a shortened version of T4T, would that need another LLC and separate trademark?
Thanks in advance!
Hey Justin, that would be neither another LLC nor a trademark. That would be a DBA (“Doing Business As”). It allows your LLC to legally operate and do business under a name that is different than your LLC’s true and legal name. By the way, DBA is the more commonly used name, but in New York, they are are referred to as Assumed Names. Also, they are filed at the county-level and not with the Department of State. If anyone else is reading this and would like to learn more about if a DBA is necessary for their LLC, check out our article here: Do I need a DBA? Hope that helps!
How do i obtain a sealed certificate of organization? An attorney created the LLC for me, gave me my EID #, but the bank said they couldnt create a business bank acct with just the #. They need a sealed certificate of organization and the attorney isn’t responding timely.
Hi David, you would need to send a written request to the New York Division of Corporations for a Certified Copy of your Articles of Organization. The state has instructions here: ordering copies from the Division. Do you have a plain/regular copy of the Articles of Organization? The majority of the time, your stamped and approved Articles of Organization (non-certified), EIN Number (not EID), and Operating Agreement are all that’s need to open an LLC business bank account. Hope that helps.
I filled an NY LLC and mistakenly wrote a wrong County
what do i do now ?
You can file a Certificate of Change to make the correction.
I would like to have a prayer line, where people can meet to pray. it is not a church but we would like to be able to spread the gospel in the streets by distributing flyers or talking to people who want to hear what the word of God says. and helping my community by giving food and clothes to those in need. I want it to be done properly and legally. Here are my questions for you:
1) do I need more than 2 people to start it? (if 2 is ok could it be me and my wife)
2) which one I need to take LLC, corporation or incorporate
Hi Marcel, no, you don’t need 2 people to start an LLC. All states allow for a Single-Member LLC (1 owner). A Corporation (noun) and incorporate (verb) are the same thing. When one incorporates they are forming a Corporation. As far as which to choose, we have that info here: LLC vs Corporation. Hope that helps!
I recently opened an llc in NY, now im hearing its better if i file for s-corp tax status since i would need to pay ss and medicare tax on total net vs s-corp i will only have to pay on payroll i take, I.E. if i net 500k in llc i will have to pay 15.3% on 500k but s-corp if i take 100k salary i will only pay 15.3% on 100k, is that true?
or there’s a limit on llc for how much SS and medicare taxes i pay?
Hey Al, yes, those are the basics and that is true. There are a bit more details to it though, however, we’ve written about all that here: LLC taxed as S-Corp. Hope that helps.
I reside in New York and have a sole proprietorship (assumed name) and want to convert it to an LLC and then apply to be certify as Minority Business which must be one year old My question is how do I change or update the existing sole proprietorship to an LLC without loosing my EIN and bank account because I believe those are what will give the history of the business ( I need the history of the sole prop to reflect in the new LLC
Hi Gbenga, you’ll want to check with the certifying authority for how they determine history, because I doubt it will be via a bank statement. We have info on changing from a Sole Proprietorship to an LLC here: change from Sole Proprietorship to LLC. You can keep the EIN (and transfer it over to the LLC by sending a letter to the IRS) or you can get a new one after your LLC is approved. Regarding the bank account, I’d visit a branch and see if they can “convert” your Sole Proprietorship bank account over to one in the name of the LLC. Hope that helps.
Thank you Matt, God bless!
My question might be very overboard but I have been following your educational series since last year and I thought I give it a shot. Sorry in advance.
I formed (one member) LLC in NY (Suffolk County), I have registered agent in Albany as you suggested in one of your youtube videos. (mainly for publication)
I moved to MA and nature of my work is the internet. I change states every year due to nature of my main job. Should I file the change of address everytime or keeping the registered agent is enough?
Hi Silas, changing your NY LLC address (I’m assuming you mean the “address for forwarding service of process”) doesn’t “move” your LLC from state to state. It just allows you to get forwarded service of process if it’s served on your LLC. Hope that helps.
Greetings! I am a retired NYState (tax home) resident residing in the Caribbean. I would like to engage in a Business Yacht Management program as an active participant. There seems to be a push on forming this type of LLC in Delaware and placing the asset in the LLC. If the LLC is getting clients not just the USA but also worldwide, is it still a good option to go with the NY LLC?
Hi Les, I don’t know the answer to this question. I recommend running it by a few business attorneys. Thanks for your understanding.
Hi! I’m starting an e-commerce business soon. Do I need to go through the whole process before I start selling. How soon can I start selling
Hi Kathy, if you’re going to run this e-commerce business through your LLC, then yes. You’ll want to set up your LLC first and then operate your business activities through your LLC. Hope that helps.
Good afternoon der Sir
I posses LLC formed in Delaware with EIN and registered agent adress.
I pay in time franchise tax and registered agent fee, also FBAR report in time.
Do not work any bussines in USA, all my works are in Europe, basicaly my residency and physical adress is Serbia.
Please advice, what is the procedure to transfer my company from Delaware to New York and what would be the costs for transfer and what costs I will have in New York?
Also plase advice can you be my agent in New York?
Hi Ivica, New York doesn’t allow for “redomestication” (transferring/moving an LLC form one state to another). You’ll need to either register your Delaware LLC as a Foreign LLC in New York or dissolve your LLC in Delaware and form a Domestic LLC in New York. If you want to keep the bank account and EIN, it may be easier to register as a Foreign LLC. Keep in mind, either way, you’ll still need to meet New York’s newspaper publication requirement. If you do the Foreign LLC registration, you’ll need to maintain both LLCs and keep them good standing (by filing Annual Reports). We don’t offer Registered Agent services directly, but we do have recommendations on our website. Hope that helps.
Hi Matt, I’ve already filed for my LLC in NYC through Legal Zoom and am using their recommended Registered Agent. Is it possible to change my RA to the recommended one in Albany for the publication process and then change both my address and agent back again after receiving the newspaper affidavits? Thanks!
Hi DG, yes, you can do that. You’ll need to get in touch with LZ and see how they handle the process of cancelling their Registered Agent services (and hopefully providing you a refund). If you’ll be filing the changes yourself (the “change to” and the “change back”), you’ll use the Certificate of Change form. Just make sure to review how your Articles of Organization is completed in order to make sure you are editing/changing the correct items. Hope that helps.
First, I’d like to thank you for providing all of this information for free! It’s really been a huge help. Secondly, I plan on using the registered agent method but I also want to have a dba. I checked out the form from the offical website and it asks about the counties the business will be conducting business. My question is whether or not I should wait until after the publication requirements are met and i change the business address to file for the dba? Or should I file after forming the llc and use the registered agent address and the intended future address?
Again thanks for providing such great content!
Hey Deja, thanks for the nice comment. You’re very welcome! If you can, it’ll make things easier if you wait until the publication requirement is met and your address is changed back before filing the DBA. Hope that helps.
Yes, this definitely helps. Thank you!
You’re welcome Deja :)
You suggested using Northwest as a Registered Agent. Why do they charge for EIN when it free? I’m thinking about signing up with them but the fees don’t make since after watching videos
Pretty much any company doing work for you will charge money. Although the cost if free from the IRS, I’ve never seen someone or a company offer to do the work for you at no cost. It’s sort of the “norm” in this industry. But we have a free guide on how you can get it yourself here: LLC Federal Tax ID Number. Make sure your New York LLC is approved first before getting your EIN. Hope that helps.
Hi, you are doing such great work with this site! I thank you very much for all the information! I am about to use IncFile’s service and realized that after entering Northwest Registered Agency’s address as my office address (yes, I ordered their services through their site – thank you so much!), IncFile is now asking me for my Registered Agency’s address or if I wish to use their address. Do I repeat the same address I gave as my office address in this section or should I claim myself as my own registered agency for now since I am using my RA’s address as my office address? I don’t want to delay my application by fumbling this part. Any help would be great! Thank you!
Hi Marlo, thanks so much! I appreciate the kind words. I can’t guarantee that IncFile will file everything correctly, so I’m not 100% sure. You might want to contact them and double-check. They are faster by email than by phone. Also, have you considered filing the Articles of Organization yourself? You’ll get it more precise this way.
Hi Matt, so happy to have found this site! I had paid to form my first LLC and it cost me $1600 and the lawyer went awol after he finished up to getting me an ein but never published and file for certification of publication so did that myself.
I’m creating a new online business with a partner this time and we have a question about publishing for 6 weeks. We are going to give NYS Queens county address for mails but would like to publish in Albany. Do we absolutely need an Albany Agent? In NYS I read it is not necessary on another online article to have an agent.
Hello Ahreum, apologies for the slow reply. First, thanks for the kind words! Second, bummer to hear about your crappy experience. You don’t need a Registered Agent in New York, since the Secretary of State serves as the Agent for Service of Process, but hiring a Registered Agent allows you to state that you have an office in Albany, so you can publish there, and then “move” your office back to Queens County. Hope that helps.
Thanks for your quick responce.
I hope to have my New York house sold and be down in Delaware within the next 6 months.
Will I need to set up a Foreign LLC in NY during the 6 months and if so how do I do that?
I’m lost when it comes to this and would greatly appreciate any additional advice you can share with me.
Hey Rich, you should be okay to just set up a DE LLC and not worry about the NY foreign registration. It’ll be quite a hassle to file a foreign LLC in NY, meet their publication requirements (which takes a couple months), then cancel the foreign registration. Hope that helps. Let me know if you have any followup questions.
Thanks for all the valuable information your site has to give.
If I form a LLC in New York and then move to Delaware, how difficult is it to move my LLC to Delaware? What needs to be done?
Hey Rich, thanks for the kind words! When are you moving to Delaware? “Moving” the LLC is usually a pain in the ass, so let me know your timeframe and I should be better able to point you in the right direction. There are usually 3 ways to move an LLC: 1) Shut down NY LLC + form new DE LLC, then transfer assets, setup new bank account, get new EIN, and close account with NY Dept. of Revenue. 2) File Foreign LLC registration in DE. You’ll technically be operating a NY LLC in DE with this filing. 3) Domestication, which is filing a Certificate of Conversion along with a Certificate of Formation (filed at the same time), then dissolving your NY LLC later. But why setup a NY LLC only to shut it down/convert/transfer it so soon. You might drive yourself crazy. If your moving to DE relatively soon, it’ll be easiest/simplest to just form a Domestic LLC in Delaware. Hope that helps.
I am planning to start an LLC with a lengthy name. (like for example Alice wonderful Services llc) . But for my LLC email i will be using a shortcut of my LLC (for example Alice@aws.com). For registration purposes in NY State, should i need to use both the names like Alice wonderful Services ( ( AWC ) LLC or can i use ONLY the Alice wonderful Services LLC to register and use the AWC.com as my company’s email address. If i register only the Alice wonderful Services LLC, will there be a chance that someone can register their company as AWC LLC after my registration.
I am planning to apply for the government services as AWC LLC.
In the paper advertisements do i need to advertise both the names?
Hi Alice, there’s a few things going on here. First, the email address does not matter at all, so you can use anything you’d like. But more importantly, you can’t register with 2 LLC names (unless you filed 2 different LLCs). You’d have to either pick the long version or the short version. You can however, form an LLC with the long name (ex: “Alice Wonderful Services LLC”), and then file an Assumed Name for the short name/abbreviation (ex: “AWS”). But you cannot include the letter “LLC” in the Assumed Name since an Assumed Name and an LLC are two different things. You also cannot form an LLC called “Alice Wonderful Services LLC” and then apply for government services using “AWS LLC”, since you don’t own an LLC by the name “AWS LLC”. You can apply under your Assumed Name though (“AWS”). However, on a lot of government registrations, they’ll want both the full legal name (the LLC name) and any Assumed Names (also known as DBA or Fictitious Name). Further, if you form an LLC called “Alice Wonderful Services LLC”, then yes, someone else can form an LLC called “AWS LLC”. There is no way to control “Alice Wonderful Services LLC” and “AWS LLC” unless you formed 2 LLCs. Hope that helps.
Thanks for your great videos.
Do I need to file for a trademark with NYS before filing for my llc?
What is the link to file my llc?
If you want your trademark owned by your LLC (and not you), then you’d form the LLC first. Also, filing a trademark with the state only offers statewide protection (not national protection). If you want national protection on a trademark, you’d file with the USPTO. Either way, we strongly recommend working with an IP attorney. Regarding the online filing for LLCs in NY, visit this link: https://www.dos.ny.gov/corps/index.html, then look under “Select Links” in the right sidebar. Under “Online Filings”, click “LLC Formation”.
I followed the steps for forming LLC from your youtube video for NY state Albany County. I received a confirmation email with the digital copy of the company certificate copy. Does that mean that I am all set and the company is formed successfully? Do they send any documents to me or my agent?
Hey Silas, yup, you’re all set! The state will actually be emailing you your stamped and approved Articles of Organization. Nothing is sent to the Registered Agent.
We got our bill for almost $1300 when we formed our LLC in upstate NY. Does this seem high or is this average?
Hi Rebecca, where did you receive the bill from? Is this from an attorney or a newspaper for publishing ads?
It was from an attorney
It was from our attorney
Thanks. Curious, did it include the newspaper publication requirement (runnings ads, and filing the Affidavits of Publication with your Certificate of Publication)? Either way, that’s pretty standard for an attorney to handle the process. Hope that helps.
I want to register a LLC Business in NY, I am looking for a atorney for that, can you kindly send me the information of the atorney who help yoy with your company? I am really appreciate that…thanks
I had accidentally input the wrong zip code for my registered agent while filing my Articles of Org. I am using Northwest, and the only thing wrong on it is that I wrote my home zip code by accident. Is this a problem? How would I remedy this if so?
Hi Anisa, is the LLC already approved, or did you just recently mail in the forms?