New Jersey LLC vs New York LLC (2026)
Compare New Jersey 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 Jersey wins for most businesses
For most New Jersey-based businesses, forming locally in New Jersey 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 Jersey | New York |
|---|---|---|
| Filing Fee | $125 | $200 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $75 | $9 |
| Annual Report Due | Anniversary month | Anniversary month (biennial) |
| State Income Tax | Yes | 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 | $125 + registered agent ~$150/yr |
Full fee breakdown for either state: New Jersey LLC cost and New York LLC cost.
Business Climate: New Jersey vs New York
| Factor | New Jersey | New York |
|---|---|---|
| 5-year business survival rate | 50.5% (#29 of 51) | 51.9% (#23 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +12.2% YoY (#9 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 Jersey vs New York
New Jersey
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 Jersey charges $125 to form an LLC, while New York charges $200. New Jersey is $75 cheaper upfront. The cost that usually gets overlooked: if you form in New York but operate in New Jersey, you must also register as a foreign LLC in New Jersey (a $125 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 $475, versus $125 for simply forming in New Jersey. 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 Jersey nor New York publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New Jersey vs New York
Both New Jersey and New York levy a personal income tax on pass-through business income, and your LLC's profits will be taxed where you live and operate. Forming in New York doesn't change what a New Jersey-based owner pays. New Jersey levies a graduated Gross Income Tax on individuals, with a top rate of 10.75% (rate in effect since 2018 per NJ Division of Taxation); LLC pass-through income is taxed to members. LLCs classified as partnerships with more than two owners and NJ-source income owe an annual partnership filing fee of $150 per owner (capped at $250,000); LLCs electing corporate taxation are subject to the Corporation Business Tax instead. Otherwise no franchise tax beyond the $75 annual report. 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 Jersey 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 Jersey LLCs file an annual report ($75, due in the anniversary month), 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 Jersey, you maintain filings in both states, New York's report plus New Jersey'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 $234 per year, versus about $75 to keep a domestic New Jersey LLC in good standing. There are also recurring state taxes to weigh on each side. LLCs classified as partnerships with more than two owners and NJ-source income owe an annual partnership filing fee of $150 per owner (capped at $250,000); LLCs electing corporate taxation are subject to the Corporation Business Tax instead. Otherwise no franchise tax beyond the $75 annual report. 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. For a typical small business based in New Jersey, none of these usually apply. Registering a New York LLC to do business back home means $125 in New Jersey foreign-registration fees, on top of New York's $200 formation fee, while New Jersey's own annual report runs $75 a year and is due in the anniversary month. When in doubt, form where you actually do business.
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