What is the exact late fee for New York LLC biennial reports in 2026?

The late fee is $25 in addition to the standard $9 biennial report fee, making the total cost $34 if filed more than 30 days after your LLC's anniversary month deadline.

Can you reinstate a New York LLC after administrative dissolution?

Yes, New York allows LLC reinstatement up to 3 years after dissolution by filing Form DOS-1309, paying all overdue fees, penalties, and reinstatement fees, and bringing all biennial reports current.

Does being late on the biennial report affect my LLC's liability protection?

Yes, once administratively dissolved for non-filing, your LLC loses its liability protection and you may face personal liability for business debts until the LLC is properly reinstated.

How do I check my New York LLC's current good standing status?

Check your LLC's status through the New York Department of State's business entity database online at https://www.dos.ny.gov or request an official Certificate of Good Standing for $10.

Can you negotiate or waive the New York LLC late fee?

No, the New York Department of State does not typically waive late fees. The $25 penalty plus the $9 biennial report fee must be paid in full to restore good standing, though first-time filers may receive limited discretionary relief in exceptional circumstances.

New York LLC Annual Report Late Fees and Penalties (2026)

Understanding biennial report deadlines, late penalties, and how to restore your LLC's good standing in New York.

By Edmond Hui · Last updated: January 2026

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Late Fee Facts at a Glance

📅

annual report due

Anniversary month (biennial)

💵

base fee

⚠️

late penalty

$25 late fee plus potential administrative dissolution

⏱

grace period

30 days after the anniversary month deadline

🚨

dissolution timeline

Administrative dissolution typically occurs 60-90 days after the deadline if report remains unfiled

What Happens If You Miss the Deadline

Stage 1

1-30 days after deadline

Grace period - no immediate penalties but LLC is technically late on filing requirement

✓ Fix:Yes - file the biennial report immediately with the $9 fee to avoid late penalties

Stage 2

30-90 days after deadline

$25 late penalty assessed in addition to the $9 biennial report fee, totaling $34

✓ Fix:Yes - file the overdue report and pay the total $34 fee to restore good standing

Stage 3

90+ days after deadline

Administrative dissolution proceedings begin, LLC loses good standing and may face revocation of authority to do business

✓ Fix:Yes - but requires formal reinstatement process with additional fees and paperwork beyond just filing the overdue report

How to Fix It: Step-by-Step

File the Overdue Biennial Report

Complete and submit Form DOS-1308 (Biennial Statement) through the New York Department of State online portal at https://www.dos.ny.gov or by mail with the required $9 fee plus any applicable late penalties.

Pay All Outstanding Fees and Penalties

Submit payment for the $9 biennial report fee plus the $25 late penalty (total $34) if filing more than 30 days after the deadline. Payment can be made online or by check.

Request Reinstatement if Dissolved

If your LLC was administratively dissolved, file Form DOS-1309 (Application for Reinstatement) along with all overdue biennial reports and pay reinstatement fees. Contact the Division of Corporations at (518) 473-2492 for current reinstatement fee.

Obtain Certificate of Good Standing

After successful filing and payment, request a Certificate of Good Standing from the New York Secretary of State for $10 to verify your LLC's restored compliance status.

🚨 Reinstatement After Dissolution

Reinstatement Possible?: Yes
How Long Allowed: Up to 3 years after administrative dissolution in New York
Reinstatement Fee: Contact Department of State for current reinstatement fee (typically $50-100 plus all overdue report fees)
What You Lose During Dissolution: During dissolution period, LLC loses liability protection, cannot legally conduct business, may face personal liability for business debts, and loses good standing status required for contracts and banking

Frequently Asked Questions

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