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Partnership, LLC, and LLP annual filing fee

Certain partnerships, limited liability companies (LLCs), and limited liability partnerships (LLPs) must pay an annual filing fee using Form IT-204-LL, Partnership, Limited Liability Company, and Limited Liability Partnership Filing Fee Payment Form. 

Filing requirement 

Form IT-204-LL must be filed by:

  • every LLC that is a disregarded entity for federal income tax purposes that has income, gain, loss, or deduction from New York State sources (see the instructions for Form IT‑204); and
  • every domestic or foreign LLC (including a limited liability investment company (LLIC) or a limited liability trust company (LLTC)), or LLP that is required to file Form IT-204 Partnership Return and that has income, gain, loss, or deduction from New York State sources; and
  • every regular partnership (those that are not an LLC or LLP) that is required to file Form IT-204 that has income, gain, loss, or deduction from New York sources, and had New York source gross income for the preceding tax year of at least $1 million.

No filing requirement

A partnership, LLC, or LLP with no income, gain, loss, or deduction from New York sources, who is filing a partnership return solely because it has a New York resident partner, is not subject to the filing fee. 

A partnership, LLC, or LLP with no income, gain, loss, or deduction from New York sources is not subject to the filing fee regardless of whether or not it is formed under the laws of New York State or is dormant.

Amount of annual filing fee

The amount of the filing fee will be based on the New York source gross income for the tax year immediately preceding the tax year for which the fee is due.

New York source gross income is the sum of the partners' or members' shares of federal gross income from the partnership, LLP, or LLC, derived from or connected with New York State sources without any allowance or deduction for cost of goods sold. This computation is determined in accordance with the provisions of section 631 of the New York State Tax Law as if those provisions (and any related provisions) expressly referred to a computation of federal gross income from New York sources.

  • If an LLC or LLP did not have any New York source gross income for the preceding tax year, the filing fee is $25.
  • The amount of the filing fee for an LLC that is treated as a disregarded entity for federal income tax purposes is $25.
  • The amount of the filing fee for an LLC or LLP treated as a partnership for federal income tax purposes, or a regular partnership is shown in the tables below:

LLC or LLP filing fee table  

If the New York source gross income of an LLC or LLP is more than:
 

but not more than:

the filing fee is:

$          0 

$    100,000

$    25       

100,000

      250,000

50

250,000

      500,000

      175

500,000

   1,000,000

      500

1,000,000

   5,000,000

   1,500

5,000,000

 25,000,000

   3,000

25,000,000

 

   4,500

Regular partnership filing fee table 

If the New York source gross income of a partnership is:
 

 

the filing fee is:

$   1,000,000    
 

 

$     500      

If the New York source gross income of a partnership is more than:

but not more than:

the filing fee is:

$   1,000,000    

$   5,000,000   

$   1,500     

 5,000,000

25,000,000

3,000

25,000,000

 

4,500

  • There is no proration of the filing fee if the LLC, LLP, or partnership has a short tax year for federal purposes.

When to file Form IT-204-LL

  • You must file Form IT-204-LL on or before the 15th day of the third month following the close of the tax year.
     
  • There is no extension of time allowed to file Form IT-204-LL or to pay the fee.

 

Updated: April 14, 2016