New York LLC vs Indiana LLC (2026)
Written for owners based in New York.
Verdict: for most owners, form where the business is based
Indiana asks $95 online and then $31 every second year, an annualized $15.50 against a New York figure of at least $29.50. Both states report biennially, and in each the gap is the trap: Indiana's Business Entity Report falls in the anniversary month two years out, New York's $9 Biennial Statement in the month the articles were originally filed. Only New York adds a publication duty, six successive weeks of notices in two county-designated newspapers and a $50 Certificate of Publication. An owner based in New York pays $250 to register the Indiana company here.
Based in Indiana? Read Indiana LLC vs New York LLC →
Compare New York LLC vs Indiana 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: September 23, 2026
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| Factor | New York | Indiana |
|---|---|---|
| Filing Fee | $200 | $95 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $9 (biennial) | $31 (biennial) |
| Annual Report Due | Anniversary month (biennial) | End of anniversary month (biennial) |
| State Income Tax | Yes | Yes |
| Anonymous LLC | No | No |
| Publication Requirement | Yes | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $250 + registered agent ~$150/yr |
Full fee breakdown for either state: New York LLC cost and Indiana LLC cost. Owner privacy options for either state: New York anonymous LLC guide and Indiana anonymous LLC guide.
Business Climate: New York vs Indiana
| Factor | New York | Indiana |
|---|---|---|
| 5-year business survival rate | 51.9% (#23 of 51) | 54.3% (#9 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +10.9% YoY (#4 of 51 by volume) | +15.4% YoY (#20 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 York vs Indiana
New York
Indiana
A figure shown as "from" is the least the state can charge, not a price. Tennessee's report is $300 for up to six members and $50 for each member above six, its franchise tax is the greater of $100 or 0.25% of Tennessee net worth, Wyoming's report is the greater of $60 or $.0002 per dollar of in-state assets, Kentucky's entity tax is $175 up to $3 million of gross receipts and graduated above it, and New York's annual filing fee is graduated on New York source gross income. A total that contains one of those is shown as "from" for the same reason. 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 the state publishes a rate for it, and any one-time registration charge a state requires before the LLC may trade. Two exclusions follow from that wording. Arizona and Nebraska require publication and publish no rate, so no newspaper cost is carried for either and their totals are not the whole cost. Alaska's $50 annual state business licence is a separate charge from the Secretary of State fees and is not carried here either. 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. 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 York charges $200 to form an LLC, while Indiana charges $95. Indiana is $105 cheaper upfront. The cost that usually gets overlooked: if you form in Indiana but operate in New York, you must also register as a foreign LLC in New York (a $250 filing) and maintain a registered agent in Indiana (typically around $150 per year). That puts the realistic first-year cost of the Indiana route at roughly $495, versus $200 for simply forming in New York. Speed isn't a basis for choosing between them: neither New York nor Indiana publishes a standard processing time, so any figure comparing the two is guesswork. 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 successive weeks in two newspapers designated by the county clerk, within 120 days of formation, followed by a $50 Certificate of Publication. Newspaper rates are set by the newspapers and vary sharply by county), which adds to the true formation cost.
Taxes: New York vs Indiana
Both New York and Indiana 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 Indiana doesn't change what a New York-based owner pays. Indiana levies a flat 3.0% personal income tax. New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25.
Privacy & Asset Protection
Neither New York nor Indiana offers anonymous LLC formation: both states require owner or manager information on public filings. Indiana's Articles of Organization require no member or manager name, but the biennial Business Entity Report does: the Secretary of State's INBiz filing requirements call for at least one officer or governing person, and a governing person expressly includes managers (if manager-managed) and members (if member-managed). Those names are public, the Indiana business search exposes an "Incorporator or Governing Person Name" field. Separately, an Indiana law effective 2026-01-01 requires every health care entity, LLCs included, to report on the biennial report the name, address and ownership stake of each holder of 5% or more. 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 York LLCs file a biennial report ($9, due in the anniversary month, every two years), and Indiana LLCs file a biennial report ($31, due in the anniversary month, every two years). If you form in Indiana while operating in New York, you maintain filings in both states, Indiana's report plus New York's equivalent for your foreign registration, and pay an Indiana registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the Indiana route to roughly $190 a year, versus at least $34 to keep a domestic New York LLC in good standing. The tax inside those totals: New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25.
When Indiana Actually Makes Sense
Forming in Indiana makes sense in a few specific situations: your business genuinely operates in Indiana, with a real office, employees, or property there, or you're relocating to Indiana in the near future. For a typical small business based in New York, none of these usually apply. Registering an Indiana LLC to do business back home means $250 in New York foreign-registration fees, on top of Indiana's $95 formation fee, while New York's own biennial report runs $9 and is due in the anniversary month, every two years. When in doubt, form where you actually do business.
Frequently Asked Questions
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Start your LLC with ZenBusiness →Affiliate link. We may earn a commission at no cost to you. MyStateLLC is not a law firm and does not provide legal advice.
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Sources
Each entry below is a document recorded in our verified sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.
- Indiana statute: IC 23-18-2-4(b) (articles of organization contents)
- Indiana statute: IC 23-0.5-2-14 (health care entity ownership reporting)
- Indiana law: P.L.239-2025 s.8 (added the ownership reporting rule)
- New York statute: LLC Law 206 (newspaper publication requirement)
- dos.ny.gov/forming-limited-liability-company-new-yorkNew York Department of State, Division of Corporations: business entity filings
- dos.ny.gov/fee-schedulesNew York LLC filing fees
- in.gov/sos/business/Indiana Secretary of State: business entity filings
- inbiz.in.gov/Inbiz/FeeCalculator/IndexIndiana LLC filing fees
Edmond Hui · Founder, MyStateLLC
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.