New Hampshire LLC vs New York LLC (2026)
Compare New Hampshire LLC vs New York LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.
By Edmond Hui · Last updated: August 13, 2026
Verdict: New Hampshire wins for most businesses
For most New Hampshire-based businesses, forming locally in New Hampshire is the smarter choice. You avoid paying fees in two states and managing compliance in both. New York only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.
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| Factor | New Hampshire | New York |
|---|---|---|
| Filing Fee | $100 | $200 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $100 | $9 |
| Annual Report Due | April 1 | Anniversary month (biennial) |
| State Income Tax | No | Yes |
| Anonymous LLC | No | No |
| Publication Requirement | No | Yes |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $100 + registered agent ~$150/yr |
Full fee breakdown for either state: New Hampshire LLC cost and New York LLC cost.
Business Climate: New Hampshire vs New York
| Factor | New Hampshire | New York |
|---|---|---|
| 5-year business survival rate | 47.7% (#40 of 51) | 51.9% (#23 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +26.1% YoY (#42 of 51 by volume) | +10.9% YoY (#4 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: New Hampshire vs New York
New Hampshire
New York
Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where a state requires publication, and any one-time registration charge a state requires before the LLC may trade. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Montana's annual report is free when filed by April 15 and $35 after, a waiver the Secretary of State applies at its discretion. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.
Filing Fees & Formation Costs
New Hampshire charges $100 to form an LLC, while New York charges $200. New Hampshire is $100 cheaper upfront. The cost that usually gets overlooked: if you form in New York but operate in New Hampshire, you must also register as a foreign LLC in New Hampshire (a $100 filing) and maintain a registered agent in New York (typically around $150 per year). That puts the realistic first-year cost of the New York route at roughly $450, versus $100 for simply forming in New Hampshire. Note that New York also requires newly formed LLCs to publish a newspaper notice (New York requires publication of the LLC's formation once a week for six weeks in two county-designated newspapers (LLC Law §206)), which adds to the true formation cost. Speed isn't a basis for choosing between them: neither New Hampshire nor New York publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New Hampshire vs New York
New Hampshire has no personal income tax, while New York taxes individual income. Since pass-through LLC profits are taxed where you live and operate, a New Hampshire-based owner keeps New Hampshire's no-income-tax benefit either way. Forming in New York adds no tax advantage. Business Profits Tax of 7.5% applies to LLCs with gross business income over $109,000 (threshold for periods beginning on/after 1/1/2025), and Business Enterprise Tax of 0.55% applies over $298,000 of gross receipts or enterprise value tax base. Both beyond the $100 annual report fee. New York LLCs treated as partnerships/with NY-source income owe an annual filing fee of $25-$4,500 based on NY gross income.
Privacy & Asset Protection
Neither New Hampshire nor New York offers anonymous LLC formation: both states require owner or manager information on public filings. The NY LLC Transparency Act (effective 2026) requires beneficial-ownership reporting to the state, and formation requires newspaper publication of the LLC's existence. Business owners who prioritize privacy typically form a holding company in a state like Wyoming or New Mexico instead. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal.
Annual Maintenance Costs
New Hampshire LLCs file an annual report ($100, due April 1), and New York LLCs file a biennial report ($9, due in the anniversary month, every two years). If you form in New York while operating in New Hampshire, you maintain filings in both states, New York's report plus New Hampshire's equivalent for your foreign registration, and pay a New York registered agent roughly $150 per year. That brings ongoing costs of the New York route to roughly $259 per year, versus about $100 to keep a domestic New Hampshire LLC in good standing. There are also recurring state taxes to weigh on each side. Business Profits Tax of 7.5% applies to LLCs with gross business income over $109,000 (threshold for periods beginning on/after 1/1/2025), and Business Enterprise Tax of 0.55% applies over $298,000 of gross receipts or enterprise value tax base. Both beyond the $100 annual report fee. New York LLCs treated as partnerships/with NY-source income owe an annual filing fee of $25-$4,500 based on NY gross income.
When New York Actually Makes Sense
Forming in New York makes sense in a few specific situations: your business genuinely operates in New York, with a real office, employees, or property there, or you're relocating to New York in the near future and accept taking on New York's personal income tax, which New Hampshire doesn't levy. For a typical small business based in New Hampshire, none of these usually apply. Registering a New York LLC to do business back home means $100 in New Hampshire foreign-registration fees, on top of New York's $200 formation fee, while New Hampshire's own annual report runs $100 a year and is due April 1. When in doubt, form where you actually do business.
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