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Home/Form an LLC/Ohio vs New York
State Comparison

Ohio vs New York LLC

Side-by-side comparison of forming an LLC in Ohio vs New York — fees, processing times, taxes, and decision factors to help you choose the right state for your business.

Ohio
OH
Filing fee$99
Processing5–10 days
Annual reportNone
State income taxVaries by personal bracket
See state Secretary of State for specifics
New York
NY
Filing fee$200
Processing7–15 days
Annual report$9
State income tax4%-10.9% state + NYC 3.876%
Biennial Statement of Information, $9

Lower state fees:

Ohio — $99 total 1st-year state fees

Excludes franchise tax, registered agent, and other compliance costs

Pros and Cons

Ohio (OH)

Pros

  • Established LLC statute
  • Pass-through taxation at federal level
  • No unusual restrictions on LLC ownership

Cons

  • Foreign qualification may be needed if operating elsewhere
  • Annual state compliance required to maintain good standing
New York (NY)

Pros

  • Largest economy in the country with access to Wall Street capital
  • Strong B2B ecosystem
  • Major global city for many industries

Cons

  • Publication requirement: 6 weeks in 2 newspapers ($500-$2,000 depending on county)
  • NYC Unincorporated Business Tax (UBT) above $100K
  • High state income tax (4%-10.9% + NYC 3.876%)
  • Costly for small businesses at formation

Side-by-Side Comparison

FeatureOhioNew York
LLC filing fee$99$200
Corporation filing fee$99$125
Annual report feeNone$9
Processing time5–10 days7–15 days
State income taxVaries by personal bracket4%-10.9% state + NYC 3.876%
Franchise / entity taxSee state Secretary of State for specificsBiennial Statement of Information, $9
Popular formation state?NoYes

Which Should You Choose?

Choose Ohio if...

• Check state-specific requirements for your industry and structure

• You live or operate primarily in Ohio — forming locally avoids foreign qualification costs and compliance in multiple states.

Choose New York if...

• Publication requirement alone can cost $2,000+ in NYC

• Better to form in home state and foreign qualify if needed

• You live or operate primarily in New York — forming locally avoids foreign qualification costs and compliance in multiple states.

FAQ

Is it cheaper to form an LLC in Ohio or New York?

Ohio charges $99 filing + $0 annual report. New York charges $200 filing + $9 annual report. Ohio is the cheaper option on state fees alone, though franchise tax and other compliance costs also matter.

Should I form my LLC in Ohio or New York?

For most businesses, form in the state where you actually operate. Ohio (Varies by personal bracket state income tax) and New York (4%-10.9% state + NYC 3.876% state income tax) each have their specific characteristics. If you physically operate in one of these states, form there. Forming in Ohio while operating in New York (or vice versa) means paying fees in both states.

Can I form my LLC in Ohio and operate in New York?

Yes, but you'll need to "foreign qualify" in New York, which means paying a registration fee in New York plus ongoing compliance in both states. You'll also typically owe New York state taxes on income earned there regardless of where the LLC is formed. Forming in a single state (usually your home state) is typically cleaner and cheaper for small businesses.

What are the annual costs for an LLC in Ohio vs New York?

Ohio: See state Secretary of State for specifics — plus $100-$300/yr for a registered agent. New York: Biennial Statement of Information, $9 — plus $100-$300/yr for a registered agent. Budget an additional $500-$2,000/yr for accounting, bookkeeping, and business license renewals regardless of state.

Which state has better asset protection — Ohio or New York?

Asset protection varies by state statute. States like Wyoming, Nevada, and Delaware have the strongest charging-order-exclusive doctrines for LLC members. Ohio and New York both offer LLC liability protection, but consult an attorney for state-specific asset protection planning if you have significant personal assets to shield.

Ohio resources
  • Form an LLC in Ohio →
  • Ohio registered agent →
  • Ohio annual report →
New York resources
  • Form an LLC in New York →
  • New York registered agent →
  • New York annual report →

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