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4 Replies Last post: Feb 15, 2009 9:08 PM by SiteSmart7

Filing Fees For N Y S LLC

Dec 10, 2007 7:20 AM

Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
{size:2}{font:Arial}{size:9pt}{size}{font}{size}{size:2}{font:Arial}{size:9pt}*Hello, I am looking for assistance with a tax question for a New
York LLC.*
*The members reside in Hungary and they do not have any income or
losses or deductions from New York.*
*They want to make sure their NY LLC stays
active by paying the taxes / franchise fees.*
*Here are the question - - Filing fee for New York State?? The amount of the filing fee is
$100 multiplied by the total number of members or partners in the LLC .
However, the fee cannot be less than $500 or more than $25,000.*
*An LLC
that elects to be treated as a corporation for federal income tax purposes is
not subject to the filing fee??*
*Correct??. Thank you very much for your help!*{size}{font}{size}
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
1. Re: Filing Fees For N Y S LLC Dec 10, 2007 10:02 AM
in response to: LUCKIEST
That is an interesting question. I believe that you have to pay the $500.00 filing fee.
I am going to look into this too.
Check out http://www.dos.state.ny.us for more information.

CorpCons08
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
2. Re: Filing Fees For N Y S LLC Dec 10, 2007 10:03 AM
in response to: CorpCons08
Actually, I guess this would be more of an IRS question.
I am going to review their site as well for this answer.
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Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
3. Re: Filing Fees For N Y S LLC Dec 10, 2007 10:53 AM
in response to: LUCKIEST
Are you asking about initial filing fees for a new LLC being formed in NY, or annual/biannual filing fees for an existing corporation?
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
4. Re: Filing Fees For N Y S LLC Dec 10, 2007 12:00 PM
in response to: Lighthouse24
He is referring to the biannual/annual fees for an LLC.
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Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
5. Re: Filing Fees For N Y S LLC Dec 10, 2007 12:07 PM
in response to: Lighthouse24
Just the biennial fee, Luckiest?
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
6. Re: Filing Fees For N Y S LLC Dec 10, 2007 12:21 PM
in response to: LUCKIEST

http://www.tax.state.ny.us/pdf/publications/multi/pub16_103.pdf

It looks like they are subject to the filing fee either way LUCKIEST.

I would contact the IRS with questions regarding the particular company.


CorpCons08

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Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
7. Re: Filing Fees For N Y S LLC Dec 10, 2007 12:53 PM
in response to: CorpCons08
Isn't YOUR firm an LLC in NY?
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,935 posts since
Aug 6, 2007
8. Re: Filing Fees For N Y S LLC Dec 10, 2007 1:20 PM
in response to: LUCKIEST
Does this help - - The amount of the filing fee is $100 multiplied by the total number of members
or partners
in the LLC. However, the fee cannot be less than $500 or more
than $25,000. In addition, an LLC that has
more than one member that is treated
as a disregarded entity for federal income tax purposes and that has
any income,
gain, loss, or deduction from New York sources is also subject to this fee.
In
contrast, a domestic or foreign LLC is not subject to the filing fee if it does
not have any income, gain,
loss, or deduction from New York sources and is
required to file a New York State partnership return
solely because it has a
member who is a New York State resident.
LUCKIEST
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
9. Re: Filing Fees For N Y S LLC Dec 10, 2007 1:21 PM
in response to: Lighthouse24
He's asking about an LLC acting as a Corporation.
We are an LLC that files as a partnership.
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Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
10. Re: Filing Fees For N Y S LLC Dec 10, 2007 2:03 PM
in response to: LUCKIEST

About five hours ago, I thought, "There's a $9 fee for filing a required Biennial Statement. No other filing fees apply if the LLC has no income from NY sources and no members who are NY residents." I didn't post a response because I figured if I thought I had the answer off the top of my head, then either (a) someone with an LLC up there would know for sure and they'd post, or (b) there was a LOT more to the question than I was understanding. Evidently, it's (b), so it's a good thing I kept quiet. (I do look forward to learning what elements of the question I was overlooking, though.)
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Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
11. Re: Filing Fees For N Y S LLC Dec 10, 2007 2:06 PM
in response to: LUCKIEST
This information is the same as the PDF link I posted. It comes from an IRS form.
You are referring to the tax filings...
I believe all LLC are subject to the $500.00 minimum filing fee, whether classified as partnership, sole proprietorship, or corporation.

CorpCons08
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