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How to Run a Business in New York
Are you considering launching a business in New York? Here's what you should know.
Table of Contents
There are 2.3 million small businesses in New York state, which employ a total of 4.1 million people, according to the U.S. Small Business Administration (SBA) Office of Advocacy. These small businesses make up 99.8% of all businesses within the state and employ about half the state’s workforce.
In April 2022, New York’s unemployment rate was about 4.5%, which is slightly higher than the national average but still healthy. However, New York City’s unemployment rate was 6.4%, reflecting the struggle that the city has faced in recovering from COVID-19. The state lost 1.9 million jobs in the private sector in April and May of 2020, with about half of those recovered by that November. State employment won’t reach its pre-COVID-19 figures until 2025.
In 2021, New York’s statewide GDP was $1.705 trillion, which ranked third in the nation. The state’s GDP grew by 5% in 2021, though much of this can be attributed to the rebound and recovery from the pandemic. The top six industries driving growth in New York are financial services, healthcare, business and professional services, retail trade, manufacturing, and educational services.
How does this economic landscape translate to the fortunes of small businesses throughout the state? And what unique challenges do New York’s small business owners face? Business News Daily got in touch with some of the state’s entrepreneurs to find out.
Complex regulations
New York state has a wide range of regulations that tend to be progressive and designed to support employees. While not inherently negative, more regulations mean more preparation is required on the part of businesses, which often comes with additional legal costs.
“[New York regulations are] very challenging and require great legal counsel,” said Greg Peters, CEO and co-founder of BetterHealthcare (formerly BetterPT). “We invested in resources very early on to ensure that our vision is achievable and scalable. We are constantly evaluating the regulatory landscape in this ever-changing environment.”
Some business owners have found that working with state agencies can illuminate the path to compliance, reducing the regulatory burden. Establishing a strong relationship with the relevant regulatory bodies that impact your business is a must when operating in New York.
“Overall, the regulatory landscape is both visible and reasonable to follow. For example, we’ve worked with the Department of Transportation over the years and never felt that our line of communication was too intrusive or delayed,” said Sharone Ben-Harosh, founder and CEO of FlatRate Moving.
High taxes
One key challenge several entrepreneurs cited was New York state’s relatively high taxes. While taxes are a necessary cost of doing business anywhere, New York state maintains a tax code that often defers to the highest relevant calculation to businesses. It also includes several metrics by which a business must calculate its tax bill, sometimes making the process confusing.
“The business tax code in New York is burdensome, which makes it difficult to do business as an entrepreneur,” said Warren H. Cohn, CEO of HeraldPR and Emerald Digital. “Taxes for small and medium businesses are extremely high, which often pushes small businesses out of the cityscape.”
As a result, Cohn said, he is looking to expand in southern locations like New Orleans or Miami, where he said it is easier and cheaper for businesses to operate.
New York maintains both a corporation franchise tax, which applies to C-corps and S-corps, as well as an LLC filing fee. LLCs are known as “pass-through entities,” meaning any income derived from an LLC “passes through” to the owner and would be included on their personal income tax return.
The base business income base tax for the state of New York is 6.5%, though the state provides differentiated rates for qualified manufacturers (0.0%) and emerging technology companies (4.875%) to encourage them to locate in the state. In addition, businesses could be subject to a capital base tax or fixed dollar minimum tax. State law typically requires corporations to pay whichever is highest.
“New York is known for a business tax code that is fairly complicated and costly,” said Peters. “This largely relates to the estimation of corporate taxes, which generally trend toward the most expensive alternative.”
Competitive labor market
New York is a populous state on the East Coast, well known for its cities and economic activity. As a result, there are plenty of businesses hungry for talented employees. The unemployment rate isn’t extremely low, but the statewide rate is significantly lower than it is in New York City, which has not fully recovered from the damage of the pandemic to the tourism and commercial real estate industries.
Statewide, businesses face a competitive atmosphere for the best job candidates and many believe New York City is on the path to fully recovering from the damage the pandemic did to its economy as well, which will create a similarly competitive environment there. To meet this challenge, small businesses are developing more attractive compensation packages and other benefits for employees in a bid to better attract, recruit and retain top talent.
“As a result [of the competitive labor market], we’re investing more resources into recruitment and benefits to ensure that we have enough employees year-round,” said Ben-Harosh. “Unlike most moving companies that only hire during the warmer summer months, we keep our drivers throughout the entire year to ensure that we retain our talent.”
Luckily, New York is also home to many top colleges and a diverse population of skilled workers, meaning that while skilled labor is in high demand, there is a large pool of potential employees from which to recruit.
“Even aside from students, there are a ton of individuals who migrate here from other countries who are talented,” said Matt LeBris, CEO of 1B Branding. “Both while in corporate America and as an entrepreneur, I have never had an issue with finding talent.”
Proximity to New York City
A major benefit of doing business in New York state is the proximity to New York City, especially for businesses located in the southern part of the state. The economic activity generated by the world’s business capital generally spills over into neighboring areas, creating an opportunity for businesses to find more customers and offer services that support city-based enterprises.
“Location-wise, there’s a big opportunity in the Westchester area as a result of more people moving away from New York City,” Ben-Harosh said. “This is especially true for higher-earning individuals who also demand a high-quality moving service.”
Cost of living
The cost of living is generally high throughout New York state, meaning employees require higher compensation in order to live. It also means the cost of doing business will be higher, as prices for goods and services are significantly steeper than elsewhere. Nowhere is the cost of living higher than in New York City; however, statewide, New York is more expensive than the national average in terms of groceries, housing, transportation and healthcare.
The state is in the process of incrementally raising its minimum wage. New York City’s minimum wage is $15 per hour. Nassau, Suffolk and Westchester counties will have the same minimum wage rate as of Dec. 31, 2022, up from $14. In the rest of the state, the minimum wage is currently $12.50, and will increase to $13.20 on Dec. 31, 2022. Additionally, all fast-food workers across the state qualify for $15 minimum wage.
Industries to watch and to avoid
Though Silicon Valley may always be the U.S.’s biggest tech hub, New York has come into its own in recent years, both in New York City and in cities like Rochester and Buffalo. Entrepreneurs looking to launch a tech company in the state may find fertile ground. New York also has room for growth in the tourism sector, which saw about a 70 percent increase in 2022, according to a report by NYC & Co., and has about half a dozen new resorts opening in the Catskills and Hudson Valley areas.
Though New York City commercial real estate, and the industries that it supports like food service and parking, have traditionally been recession-proof, the rise of work-from-home has created challenges in these industries. Elected officials have been pushing workers to come back to the office full-time, but it is unclear if or when this will happen. Entrepreneurs may want to avoid these industries in the short term, or prioritize primarily residential neighborhoods over primarily commercial neighborhoods.
Frequently asked questions
These questions are commonly raised when starting a business in New York. The answers will help you file the necessary documents, pay the appropriate fees, and understand the basics of opening a business in New York.
Why start a business in New York?
Despite the challenges related to taxation and regulatory compliance, New York state offers access to a strong consumer base with significant disposable income. Further, there are numerous lenders and investors who can help entrepreneurs start and grow their businesses.
How do you incorporate in New York?
To form a corporation in New York, you must first select a corporate name that includes the terms “incorporation,” “incorporated” or “limited.” A name must be reserved for 60 days by filing an application, which costs $20.
From there, you will need to file a Certificate of Incorporation with the New York Secretary of State. You can file this certificate online or by mail. The cost of filing the Certificate of Incorporation is $125, plus a tax on shares if applicable.
- Stumped on what type of business you want to run? Check out our list of 21 great small business ideas to start in 2022.
- Need help writing a business plan? These business plan templates should help you get started.
- Not sure what the best legal structure is for your business? We’ve broken down the various types, including sole proprietorship, partnership, LLC and various types of corporations. Note: If you file articles of incorporation, you have 90 days to file an SI-200 Statement of Information, which requires a $20 filing fee and a $5 disclosure fee, as a matter of compliance.
- Looking for funding for your startup? Our reviews and best picks for small business loans can help.
- Manage your money properly with the best business accounting software.
How many businesses are in New York?
There are more than 2 million small businesses throughout New York state, which employ 4 million people. Small businesses comprise nearly 99% of all businesses in the state. In New York City alone, there are 200,000 businesses.
How do you get a business license in New York?
Many companies require a business license or permit in order to operate in New York state. To determine which licenses or permits you need, visit the NYS Business Wizard. You can apply for most licenses online for a small fee.
How much does it cost to get a business license in New York?
The cost of your business license depends on the type of business you are operating. Some permits are as low as $25, while certain licensure fees cost several hundred dollars. Learn more about the licenses and permits your business is required to have (and their costs) at NYS Business Wizard.
When are New York sales tax returns due?
New York sales and use tax returns are due by March 1 for annual filers. Some businesses, though, are required to file quarterly returns, including those that have taxable receipts, purchases subject to use tax, and rents and amusement charges that amount to less than $300,000 in the previous quarter. Quarterly returns must be filed in four periods: March 1 through May 31, June 1 through Aug. 31, Sept. 1 through Nov. 30, and Dec. 1 through Feb. 28 or 29.
How do you file sales tax returns in New York?
Sales and use tax returns are essentially summaries of business activity. These returns must include information regarding gross sales, nontaxable and exempt sales, taxable sales, purchases or uses subject to tax, credits you claim on your return, sales tax, use tax, any special taxes, and current information regarding your business.
For annual sales tax filers, you must fill out state Form ST-101, the New York State and Local Annual Sales and Use Tax Return. To learn more about your sales tax obligations, visit the New York State Department of Taxation and Finance website.
What are the requirements for small business insurance in New York?
In New York, any small business with employees is required to carry workers’ compensation insurance and disability benefits insurance. If your company owns a vehicle that it uses for business operations, you must also carry auto insurance.
Beyond these legal requirements, certain types of insurance might be needed to sustain operations. For example, landlords might require liability coverage or renters’ insurance. Lenders might require you to obtain life insurance, business interruption insurance or some other kinds of protections.
Can you write off business insurance?
Business expenses, including insurance, can be deducted from taxes if they are considered both ordinary and necessary. Businesses that are required to carry insurance because of state laws and regulations would likely be able to deduct the cost of the required insurance from their tax bill. To be certain about what insurance qualifies for a tax deduction, consult a certified public accountant.
Does your business qualify for a health tax credit?
The Small Business Health Care Tax Credit is a tax break extended to small businesses that provide their employees with healthcare coverage. Eligible businesses are those with fewer than 25 full-time employees and average wages of less than $50,000 per year.
The healthcare tax credit, which is part of the federal Patient Protection and Affordable Care Act, provides a maximum credit of 50% of the healthcare premiums paid by an eligible small business, or 35% for tax-exempt organizations.
Resources for small businesses in New York
If you’re a small business owner in New York looking for resources to help you move forward, here are a few organizations you might want to learn more about.
New York City SCORE
New York City SCORE‘s volunteer business professionals and expert mentors give counsel and guidance to entrepreneurs looking to start or expand their businesses. The services are entirely free and volunteer-driven. Though in-person services were closed down due to COVID-19, the program remains accessible remotely.
Empire State Development’s Small Business Division
The state government’s resource center for entrepreneurs offers a number of resources, from technical assistance in starting or expanding a business to financial assistance programs for qualified businesses. The office exists to connect small business owners with programs and information they might not be aware they can take advantage of.
SBA District Offices
The SBA offers financing and grants, as well as consultations and counseling services, through its New York District Offices. There are also opportunities to apply for federal government contracts through the SBA and avenues for obtaining assistance in the wake of natural disasters.
New York Small Business Development Centers
New York hosts nearly two dozen Small Business Development Centers, primarily housed at SUNY campuses. Each is dedicated to supporting the development and retention of small business, helping entrepreneurs do everything from craft business plans to navigate the state’s tax code.
The Empire State: A good place to start your empire
If you manage the challenges and take advantage of the opportunities, New York’s skilled labor pool and large customer base can make it a great state to start and run a business in, particularly as recovery from COVID-19 picks up. However, the state has complex business regulations and high taxes, so be prepared for a demanding environment.
Ross Mudrick contributed to the writing and reporting in this article. Source interviews were conducted for a previous version of this article.
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