How to Register Your Business in NY

Name and register your business as per the USA name reservation

If you plan to form a business that generates profits and the business is not in your name, by law you need to register a business certificate. It is also called a Certificate of Assumed Name. The form is available at the NYS Department of State website and the county clerk’s office. The filing fee is $100 in the Bronx, Manhattan, and Queens. The fee is $120 in Brooklyn and Staten Island. After filing, you’ll receive an official filing receipt. You have the option of purchasing certified copies. The certified copy can be used to open a business account at a bank. You cannot choose a business name that is not distinguishable from another corporation, whether in New York or a foreign country.

The official name of a New York business has to contain specific wording or an abbreviation of it. This specific wording is limited, incorporated, or corporation. There are a group of specific words that cannot be used in your business name without special approval. If you form a limited partnership, the business name has to contain the words limited partnership or LP. A limited liability company must contain the words LLC or limited liability company.

Choose a type of entity and structure for legal and licensing reasons

Select an entity type that’s most appropriate for your business; business corporation, not for profit corporation, limited liability company, general partnership, limited partnership, or sole proprietorship.

​Register your business with local and state agencies

To register your business with the state you need to file your formation documents along with filing fees. File the documents with the NYS department of state by mailing in your paperwork or visit nys-opal.com to submit limited liability incorporation forms. Business corporations do not have any publication requirements. However, New York requires limited liability companies and limited partnerships to publish their existence to notify the general public. These two entity types are required by law to publish the certificate of a limited partnership or articles of organization.

​Register your corporation with the State

The notice has to be published every week for six weeks in two different newspapers. The county clerk designates the newspapers that your notice must be published in. There are likely fees to publish the notice in the newspaper, which you are required to pay. These notices have to be published within 120 days of formation. After the 120 days, accept the affidavit of publication from the newspaper and submit it with a certificate of publication and a $50 fee to the New York State Department.

Business corporations

To form a business corporation in New York, file a Certificate of Incorporation with the Department of State.

​Limited partnerships

To form a limited partnership, file the Certificate of Limited Partnership with the Department of State.

​Limited liability companies

To form a limited liability company, file the Articles of Organization with the Department of State.

Avail a Certificate of Authority for a Sales Tax Number

If you plan to make sales, get a certificate of authority for a sales tax number. The form is also known as form DTF-17. This comes from the state tax department. Making sales prior to getting authority could restrict your operation and you may receive a fine. The sales tax number needs to be filed between 20 and 90 days before business operations begin. The form can be filed online at opal.my.gov or through the mail to the New York State tax department in Albany.

You’re required to register with the tax department even if you plan on selling from your home, you only sell once a year, purchasing items for resale, or you’re simply selling some personal property. Your registration is subject to rejection, approval, or disapproval. In the event that your application is denied, there is an appeal process available to you. A sales tax Certificate of Authority is renewable at the Department of taxation and finance at their discretion. If you need to make amendments to your mailing address, physical address, or phone number, this can be completed online within your account at tax.ny.gov.

Once you receive your certificate of authority in the mail you can really make any taxable sales you like within your business. There are two types of Certificates of Authority, temporary and regular. The process to acquire both certificates is the same. The difference is the temporary certificate has a beginning and ending date. If you want to participate as a vendor at an antique show, craft show, sporting event, or craft show, you need a regular Certificate of Authority. A Certificate of Authority for Show and Entertainment Vendors is no longer issued. If you don’t plan to make taxable sales for more than two consecutive sales quarters in a year, you can apply for the temporary Certificate of Authority.

The temporary certificate is only valid between two dates. It may be more worthwhile to apply for a regular certificate so you don’t have to reapply each time you plan to begin business activities. A Certificate of Authority is necessary for each location. If you have several business entities operating independently, you have to apply for a certificate at each location. Alternatively, if you have multiple locations operating as one business, you can register them together via the New York Business Express. You will receive a Certificate of Authority for each location containing matching sales identification numbers. You can request duplicate copies if you need them.

The Certificate of Authority must be displayed in full view at your place of business. If you don’t have a brick and mortar location, you can attach your certificate to your stand, vehicle, or wherever you conduct business. You are required to file sales tax returns even if you have no taxable sales or owe no tax. This can be completed in the Online Services section of the NYS tax department website. There is a penalty for filing your taxes late, the maximum penalty is $10,000. The first day of business conducted without a valid Certificate of Authority has a penalty of $500 with $200 charged for each subsequent day without the certificate.