Guide
BOI Filing New York Guide
BOI filing in New York follows federal FinCEN requirements. File free at fincen.gov/boi. BOI is a federal filing, not a New York state filing. You need an EIN first.
New York registers more than 250,000 new business entities each year, and most of them fall under the federal Corporate Transparency Act. That law requires covered companies to report their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). New York business owners frequently confuse this federal report with their state biennial statement. They are two separate obligations. This guide explains who must file BOI in New York, where to file it, the deadlines, and the EIN you need before you start.
| Detail | Information |
|---|---|
| Filed with | FinCEN (federal), NOT New York Dept of State |
| Filing URL | fincen.gov/boi |
| Government fee | $0 (free) |
| Initial deadline (2025+ companies) | 90 days from formation |
| Update deadline | 30 days from any change |
| Penalty | $500 per day, up to $10,000, up to 2 years prison |
| Beneficial owner threshold | 25% ownership or substantial control |
| ID required | EIN for the company; passport or license for owners |
State vs Federal
Is BOI Filing a New York State Filing?
No. BOI filing is a federal filing with FinCEN, not a New York state filing. New York LLCs and corporations report beneficial owners at fincen.gov/boi. The federal BOI report is separate from your New York biennial statement and from any New York LLC Transparency Act obligation.
Many New York owners assume the BOI report goes to the New York Department of State because that is where they formed their company. It does not. The federal Corporate Transparency Act created a single national database at FinCEN. The two filings serve different agencies.
| Filing | Filed With | Frequency | Government Fee |
|---|---|---|---|
| BOI report | FinCEN (federal) | Once, then on changes | $0 |
| Biennial statement | New York Dept of State | Every 2 years | State fee applies |
| Federal tax return | IRS | Annual | $0 to file |
Two filings, not one
- The federal BOI report does not replace your New York biennial statement.
- The New York biennial statement does not replace your federal BOI report.
- New York also passed its own LLC Transparency Act, separate from both. Confirm current state rules with a New York attorney.
See BOI filing requirements and the broader BOI filing guide for the full federal rules.
Who Must File
Who Must File BOI for a New York Company?
Most New York LLCs and corporations must file BOI. Any entity created by filing a document with the New York Department of State is a "reporting company" under the Corporate Transparency Act. 23 exemption categories cover large operating companies, banks, and other regulated entities.
A reporting company reports every beneficial owner. A beneficial owner is any individual who owns 25% or more of the company or exercises substantial control over it. Substantial control includes senior officers such as the CEO, CFO, and managing member.
New York LLCs
New York Corporations
Foreign-Owned New York LLCs
Exempt Entities
If you are unsure whether your company qualifies for an exemption, confirm with a New York attorney or CPA. ein.so does not give legal advice.
How to File
How Do You File BOI in New York?
You file BOI in New York by submitting the Beneficial Ownership Information report at fincen.gov/boi. The federal filing takes about 20 minutes for a single-owner company and costs $0. You report the company details, your EIN, and each beneficial owner with their ID.
Get Your EIN First
Go to fincen.gov/boi
Enter Company Information
Report Beneficial Owners
Upload ID Documents
Submit the Report
The most common mistake is missing the deadline. A New York company formed in 2025 or later files within 90 calendar days of formation. Confirm the current deadline at fincen.gov/boi, because the rules have shifted in recent enforcement updates.
Deadlines
What Are the BOI Deadlines for New York Businesses?
A New York company created in 2025 or later files its initial BOI report within 90 calendar days of formation. Companies formed before 2024 faced a 2025 deadline. Any change to beneficial owners triggers an updated report within 30 days.
The federal BOI deadlines have changed several times during enforcement disputes. Always verify the active deadline directly at fincen.gov/boi before relying on a date.
| Scenario | BOI Deadline |
|---|---|
| New York company formed before 2024 | 2025 initial deadline (verify at FinCEN) |
| New York company formed in 2024 | 90 days from formation |
| New York company formed in 2025+ | 90 days from formation |
| Change in beneficial owners | 30 days from the change |
| Correction of an error | 30 days from discovery |
Deadlines change - verify before you rely on a date
- FinCEN BOI deadlines shifted multiple times during 2024 and 2025 enforcement disputes.
- Confirm the active deadline at fincen.gov/boi before you file.
- Confirm New York state LLC Transparency Act dates separately with a New York attorney.
See the dedicated BOI filing deadline page and the BOI for LLC guide for entity-specific timing.
Penalties
What Is the Penalty for Not Filing BOI in New York?
FinCEN can assess a $500 per day civil penalty for an ongoing BOI violation by a New York company. Willful violations carry fines up to $10,000 and up to 2 years imprisonment. These federal penalties apply to New York businesses identically to every other state.
The penalties attach to willful failures to file, willful filing of false information, and willful failure to correct or update a report. New York owners face the same enforcement as owners in any other state, because the obligation is federal.
How to avoid BOI penalties in New York
- File the initial report within 90 days of forming your New York company.
- File an updated report within 30 days of any ownership or address change.
- Report accurate information for every 25%+ owner and every controller.
- Keep your EIN assignment letter for the company ID field.
- Verify the active deadline at fincen.gov/boi before filing.
See BOI penalties for the full enforcement detail.
EIN First
Why Do You Need an EIN Before Filing BOI in New York?
You need an EIN before filing BOI because the report identifies your New York company by its tax identification number, and an EIN is the standard ID for a New York LLC or corporation. The IRS charges $0 for an EIN and assigns most within 4-7 business days.
Non-US residents who own a New York LLC face one extra step. The IRS online EIN tool requires an SSN, which most non-residents do not have. The solution is the fax method using Form SS-4, where your passport number replaces the SSN on Line 7b. No SSN and no ITIN are needed.
| Item | Detail |
|---|---|
| EIN government fee | $0 |
| IRS EIN fax number | 855-215-1627 |
| Non-resident ID on SS-4 | Passport number on Line 7b |
| SSN required? | No (fax method) |
| ITIN required? | No |
| ein.so Standard | $49 (4-7 business days) |
| ein.so Express | $97 (2-3 business days) |
ein.so files Form SS-4 with the IRS and delivers your EIN by email. See EIN without SSN, EIN for non-residents, the SS-4 form guide, and EIN cost. With your EIN in hand, you also use it to open a US bank account and to file your annual Form 5472. A foreign-owned single-member US LLC files Form 5472 plus a pro-forma Form 1120 each year, and the penalty for missing it is $25,000.
Next Steps
After Setting Up Your New York Company
- Get your EIN — required to identify your New York company on the BOI report; $0 IRS fee, $49 with ein.so
- File your BOI report — free at fincen.gov/boi, within 90 days of formation
- Open a US bank account — Mercury and Relay accept non-resident New York LLC owners
- File Form 5472 — annually for foreign-owned LLCs ($25,000 penalty for non-filing)
- Check your timing — review the BOI deadline, BOI penalties, and EIN processing time
Related guides: EIN in New York | How to get an EIN | EIN without SSN | BOI filing requirements | BOI for LLC
ein.so files Form SS-4 to get your EIN. ein.so does not file BOI and does not provide legal or tax advice. Confirm New York state rules and federal deadlines with a CPA or attorney.
Frequently Asked Questions
Is BOI filing required for New York LLCs?
Yes, for most New York LLCs and corporations formed by filing with the New York Secretary of State. The federal Corporate Transparency Act applies nationwide. 23 exemption categories cover large operating companies and regulated entities. A foreign-owned single-member New York LLC must file. See BOI filing requirements before you submit.
Where do New York businesses file their BOI report?
New York businesses file the Beneficial Ownership Information report at fincen.gov/boi, the federal FinCEN platform. This is the only authorized filing site. You do not file BOI with the New York Department of State. BOI filing is a federal requirement separate from your New York biennial statement. Filing directly with FinCEN is free.
Is BOI filing free in New York?
Yes. Filing the BOI report directly with FinCEN at fincen.gov/boi costs $0. No government fee exists for the federal filing. The IRS also charges $0 for an EIN. Third-party services charge a fee for preparing the report. ein.so does not file BOI; ein.so files Form SS-4 to get your EIN for $49.
What is the penalty for not filing BOI in New York?
FinCEN can assess a $500 per day civil penalty for an ongoing BOI violation. Willful violations carry fines up to $10,000 and up to 2 years imprisonment. These federal penalties apply to New York businesses the same as everywhere else. Filing late or with false information triggers the same enforcement risk.
Who is a beneficial owner of a New York LLC?
A beneficial owner is any individual who owns 25% or more of the New York company or exercises substantial control over it. Substantial control includes senior officers like the CEO, CFO, and managing member. A single New York LLC can have multiple beneficial owners. Each one must be reported on the FinCEN BOI report.
Does the New York LLC Transparency Act change my federal BOI filing?
New York passed its own LLC Transparency Act, which is separate from the federal FinCEN BOI report. The federal filing at fincen.gov/boi remains required for covered companies. Confirm current New York state disclosure obligations and effective dates with a New York attorney or CPA, because state requirements change.
Do I need an EIN before filing BOI in New York?
You report a tax identification number on the BOI report, and an EIN is the standard ID for a New York LLC or corporation. Get your EIN first. The IRS charges $0 and assigns most EINs within 4-7 business days by fax. ein.so files Form SS-4 for non-US residents for $49 Standard or $97 Express.
When is the BOI deadline for a new New York LLC?
A New York company created in 2025 or later must file its initial BOI report within 90 calendar days of formation. Companies formed before 2024 had a 2025 deadline. Updated reports are due within 30 days of any change to beneficial owners. Confirm the current deadline at fincen.gov/boi, because rules have shifted.
Can a non-US resident file BOI for a New York LLC?
Yes. A non-US resident who owns a New York LLC files the same FinCEN BOI report and reports a foreign passport as an acceptable identification document. The non-resident lists their full name, date of birth, and residential address. The New York LLC reports its EIN. ein.so handles the EIN application for $49.
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