Form Your New York S Corporation
Incorporate in the Empire State and elect S-corp status to unlock pass-through taxation and payroll-tax savings, with access to the world's largest financial center
Filed in New York
The Empire State · NY
- State filing fee$125
- Processing time~2-3 weeks standard (no expedite)
- Our formation feeFree (you pay $100 if you choose a paid plan)
- Annual report$9 biennial statement + $25 min. franchise tax — due Biennial statement every 2 years (anniversary month)
- State tax rate6.5%-7.25% corporate franchise tax
- Expedited option24 hours (+$25)
Form your New York S-Corp — pay only the state filing fee, nothing more.
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Everything to launch your New York S-Corp
Free formation means you pay only the $125 state filing fee. All core services are included at no extra charge.
Certificate of Incorporation filing
We prepare and submit your Certificate of Incorporation to the New York Department of State, Division of Corporations.
Registered agent
Required in New York — we act as your agent for the first year.
EIN from the IRS
Your federal Tax ID — required to open a US business bank account and file taxes.
Corporate bylaws
Professionally drafted corporate bylaws — defines ownership, voting, and profit splits.
Benefits of forming an S-Corp in New York
New York gives an S corporation direct access to the world's largest financial center, a 20+ million consumer market, and a deep talent pool, while its $9 biennial statement keeps ongoing state paperwork light. Costs and the state's corporate franchise tax (Article 9-A, top rate 7.25%, $25 minimum) run higher than in low-tax states, but the prestige, capital, and market access are unmatched.
Pass-through taxation avoids the corporation-level double tax on profits
Payroll-tax savings: distributions above a reasonable W-2 salary escape self-employment tax
Strong limited-liability protection for shareholders' personal assets
Access to the world's largest financial center and capital markets
Unmatched brand prestige of a New York business address
Massive 20+ million consumer market and world-class talent pool
One low $9 biennial statement keeps ongoing state paperwork minimal
Key features of a New York S-Corp
- S corp is a federal tax election (Form 2553), not a separate NY filing
- Pass-through taxation with payroll-tax savings on distributions
- Owners must be US citizens or residents; foreign owners are ineligible
- Capped at 100 shareholders and one class of stock
- Low $9 biennial statement for ongoing state compliance
Major industries in New York
Form your New York S-Corp in 6 steps
We handle every step while you stay in the loop. Processing takes ~2-3 weeks standard (no expedite).
- 01
Choose Your Corporation Name
Your name must include a corporate designator such as 'Incorporated,' 'Corporation,' 'Inc.,' or 'Corp.' Check availability through the New York Department of State's business entity database before filing.
- 02
Appoint a Registered Agent
New York requires the Secretary of State to be designated for service of process, and you may also name a registered agent with a physical New York address to accept legal documents on the corporation's behalf.
- 03
File the Certificate of Incorporation
Submit your Certificate of Incorporation to the New York Department of State, Division of Corporations. The state filing fee is $125 and standard processing takes about 2-3 weeks. This creates the corporation; S-corp status is a separate federal step.
- 04
Hold the Organizational Meeting
Adopt corporate bylaws, appoint directors and officers, and issue stock. An S corporation may issue only one class of stock, so keep the cap table simple from day one.
- 05
Elect S Corporation Status (IRS Form 2553)
File IRS Form 2553 to elect S-corp tax treatment. The election is due within 75 days of formation (or by March 15 to apply for the current tax year). New York also requires a separate state S-election (Form CT-6) to be recognized for NY tax.
- 06
Obtain an EIN and Set Up Payroll
Apply for a free EIN from the IRS, then register for NY taxes and set up payroll so shareholder-employees can draw the required reasonable W-2 salary.
New York S-Corp costs at a glance
Kicker formation is free — you pay only the required state fees. No hidden charges.
Publication required. New York requires you to publish a notice of S-Corp formation in a local newspaper. Estimated cost: $300-$2,000+.
New York S-Corp requirements checklist
Everything you need to form and maintain a New York S-Corp in 2026.
- File a Certificate of Incorporation with the NY Department of State ($125)
- File IRS Form 2553 to elect S-corp status within 75 days of formation
- File NY Form CT-6 to be treated as an S corporation for New York tax
- Limit ownership to 100 or fewer shareholders, all US citizens or residents
- Issue only one class of stock
- Pay shareholder-employees a reasonable W-2 salary before distributions
- Appoint a registered agent and obtain an EIN
Filing information
- Formation document
- Certificate of Incorporation
- Filing agency
- New York Department of State, Division of Corporations
- Registered agent
- Required
- Corporate bylaws
- Recommended
- EIN
- Required
- Name reservation fee
- $20 (60 days)
Free formation — pay only the state fee
Kicker formation is free. You pay the $125 New York state filing fee and nothing more for the Starter plan. Optional plans add registered agent, EIN, corporate bylaws, and compliance.
Starter
- Certificate of Incorporation filing
- Name availability check
- Digital document delivery
- Formation status tracking
Booster
- Everything in Starter
- Registered agent (required in New York)
- EIN / Federal Tax ID
- Expedited processing (1–2 days)
- Corporate bylaws
- Priority support
- Kicker Voice — 3-day free trial
- Kicker Pay — free for 15 days
Founder
- Everything in Booster
- Business mailing address
- Bookkeeping — 3 months free
- Dedicated account manager
- Rush processing
- Kicker Voice — 6-day free trial
- Kicker Pay — free for 30 days
Kicker
- Everything in Founder
- ITIN filing & preparation
- Same-day priority processing
- 2nd year annual filing $0
- Kicker Voice 12-day + Kicker Pay 60 days free
Compare all plans on our pricing page.
New York S-Corp questions, answered
Common questions about forming an S-Corp in New York. Can't find an answer? Talk to our team.
Is an S corporation a separate filing in New York?
No. You first form an ordinary corporation by filing a Certificate of Incorporation with the New York Department of State ($125), then elect S-corp status with the IRS using Form 2553. New York also requires a separate state election, Form CT-6, to be taxed as an S corporation in the state.
How much does it cost to form an S corporation in New York?
The state filing fee for the Certificate of Incorporation is $125. Standard processing takes about 2-3 weeks. The federal Form 2553 S-corp election is free, and the ongoing biennial statement is only $9 every two years.
How long does New York take to process the filing?
The New York Department of State, Division of Corporations processes a standard Certificate of Incorporation in roughly 2-3 weeks. New York does not offer expedited processing for this filing, so plan around the standard timeline.
What is the deadline to elect S-corp status?
File IRS Form 2553 within 75 days of forming your corporation, or by March 15 to have the election apply to the current tax year. Missing the window generally pushes S-corp treatment to the following year unless you qualify for late-election relief.
Who is eligible to own a New York S corporation?
S corporations are limited to 100 or fewer shareholders, all of whom must be US citizens or residents, and the company may issue only one class of stock. Foreign owners are not eligible, so non-resident founders should consider an LLC or a C corporation instead.
How does an S corporation save on taxes in New York?
Profits pass through to your personal return, avoiding the corporation-level double tax. You pay yourself a reasonable W-2 salary subject to payroll tax, and remaining profit taken as distributions avoids self-employment tax. New York's corporate franchise tax under Article 9-A (top rate 7.25%, $25 minimum) still applies at the state level.
What does 'reasonable salary' mean for an S corporation?
The IRS requires shareholder-employees to be paid a reasonable W-2 salary for the work they perform before taking tax-advantaged distributions. Paying too little to dodge payroll tax is a common audit trigger, so base the salary on what the role would earn at market rate.
Does my New York S corporation have to file a BOI report?
No. Under FinCEN's March 2025 interim final rule, US domestic entities and US persons are exempt from Beneficial Ownership Information reporting. Only entities formed abroad and registered to do business in a US state still file a BOI report.
New York government filing resources
Filing fees for common S-Corp services
Official New York state charges for the filings you may need after formation — our service fee is separate, and we confirm the current amount before filing.
Fee VARIES by entity type: LLC $20 and business corporation $20, but not-for-profit corporation is $10.
$25 per certificate, flat regardless of entity type (does NOT vary by entity type).
Learn more$10 per document for a certified copy - flat PER DOCUMENT, NOT per page (page count does not change cost).
$10 per document.
New York has a state + local sales tax, so vendors must register.
Learn moreIdentical to a C corporation — an S-corp is a federal IRS election (Form 2553), not a separate NY state entity.
Learn moreIdentical to a C corporation — S-corp is a federal IRS election (Form 2553), not a separate NY state entity.
Learn moreEverything you need to run your New York S-Corp
Formation is the first step — stay compliant and operational with these services.
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Ready to form your New York S-Corp?
Formation is free — you pay only the $125 New York state filing fee. Personal-asset protection, pass-through taxation, and a complete document package, filed in ~2-3 weeks standard (no expedite).
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