The moment you decide to bring on your first employee—or start paying yourself a salary as an S-Corp owner—payroll becomes one of the most important compliance responsibilities your business has. Get it wrong and you're looking at IRS penalties, NYS assessments, and unhappy employees. Get it right and it practically runs on autopilot. Here's what NYC small-business owners need to know about setting up payroll correctly.
Step 1: Get Your Employer Identification Numbers in Order
Before you can run a single payroll, you need to be registered with the right agencies:
- Federal EIN: Your Employer Identification Number from the IRS. If you don't have one yet, apply free at IRS.gov—it takes minutes.
- NYS Employer Registration: Register with the New York State Department of Labor and the NYS Department of Taxation and Finance—a single Form NYS-100, filed online through NY Business Express, covers both. This sets up your New York withholding tax account and your unemployment insurance (UI) employer registration number.
Skipping any of these steps creates gaps that surface at tax time—usually at the worst possible moment.
Step 2: Classify Your Workers Correctly
Not everyone who works for you is a W-2 employee. Some may be independent contractors who receive a 1099. The IRS and New York State both have strict rules about classification, and misclassifying employees as contractors is a common audit issue for small businesses. As a general rule, if you control how, when, and where the work is done, that person is likely an employee. When in doubt, consult a CPA before you make the call.
Step 3: Set Up Withholding for Every Paycheck
For each W-2 employee, you're required to withhold and remit several taxes:
- Federal income tax (based on the employee's W-4)
- Social Security and Medicare (FICA) — you split this cost with the employee
- New York State income tax (based on the employee's IT-2104)
- New York City income tax — yes, NYC residents owe a separate city-level income tax that must be withheld
- New York State Disability Insurance (DBL) and Paid Family Leave (PFL) — employee contributions are deducted from wages
Missing any of these withholdings — especially NYC's local tax — is a common and costly mistake for new employers in the five boroughs.
Step 4: Know Your Payroll Tax Filing Deadlines
Withholding the taxes is only half the job. You also have to deposit and report them on a regular schedule:
- IRS Form 941: Filed quarterly, this reports federal income tax withheld plus FICA taxes. Federal deposits are due either semi-weekly or monthly depending on your deposit schedule.
- NYS-45: New York's combined quarterly return for New York State and New York City withholding, wage reporting, and unemployment insurance. It's due by the last day of the month following the end of each quarter (April 30, July 31, October 31, and January 31).
- FUTA (Form 940): An annual federal unemployment tax return due every January.
- W-2s: Must be sent to employees and filed with the SSA by January 31 each year.
Late deposits and late filings both trigger penalties—and they compound quickly. Set calendar reminders or use a payroll service to stay on schedule.
Step 5: Choose the Right Payroll System
You have three basic options for running payroll:
- DIY payroll software (Gusto, QuickBooks Payroll, Run by ADP): Good for straightforward situations, but you're still responsible for confirming filings go through correctly.
- A full-service payroll provider: They handle deposits and filings for you, though errors still happen—especially with state-level filings.
- Your CPA's payroll services: The best option for businesses that want someone accountable who already knows their books, tax situation, and entity structure.
Whatever system you choose, always verify that 941s and NYS-45s are actually filed and accepted—don't just assume the software did it.
A Note for S-Corp Owners: You Must Pay Yourself a Salary
If your business is taxed as an S-Corp, you're required to pay yourself a reasonable salary through payroll before you take any distributions. The IRS actively scrutinizes S-Corps that pay little or no salary to owner-employees, because it looks like an attempt to avoid FICA taxes. Work with your CPA to set a defensible salary based on your role and industry.
Common Payroll Mistakes NYC Business Owners Make
- Forgetting to withhold NYC local income tax for city residents
- Missing NYS-45 quarterly deadlines
- Not following the correct federal deposit schedule
- Failing to carry required NYS Disability and Paid Family Leave coverage
- Treating owners of LLCs or partnerships as W-2 employees (they generally aren't, unless the LLC is taxed as a corporation, such as an S-Corp)
Get It Right From the Start With Li CPA Group
Payroll doesn't have to be overwhelming, but it does require attention to detail and knowledge of both federal and New York-specific rules. Li CPA Group works with small businesses, freelancers, and landlords across Queens, NYC, and Long Island to set up and manage payroll the right way — so you can focus on running your business instead of chasing filing deadlines.
Call us at (516) 518-6678 or book a free 15-minute consultation to talk through your payroll setup. We'll make sure every withholding, deposit, and return is handled correctly from day one.