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 annually 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 in the current taxable year (see the instructions for Form IT‑204-LL);
- 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 in the current taxable year; and
- 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 in the current taxable year; and had New York source gross income for the preceding tax year of at least $1 million.
Form IT-204-LL should not be filed by:
- 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; or
- a partnership, LLC, or LLP with no income, gain, loss, or deduction from New York sources in the current taxable year, regardless of whether or not it is formed under the laws of New York State or is dormant; or
- an LLC or LLP that has elected to be treated as a corporation for federal income tax purposes.
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 (preceding tax year). If an LLC or LLP did not have any New York Source gross income for the preceding tax year, the filing fee is $25.
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.
- The amount of the filing fee for an LLC 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 $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 for the preceding tax year 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 for the preceding tax year is: | the filing fee is: | |
|---|---|---|
| $1,000,000 | $500 | |
| If the New York source gross income of a partnership for the preceding tax year 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.