Overview
New York has no family office licensing regime of its own; the starting point is the federal family office rule, Rule 202(a)(11)(G)-1 under the Investment Advisers Act. An office that has only family clients, is wholly owned by family clients, is exclusively controlled by family members or family entities, and does not hold itself out to the public as an investment adviser is not an investment adviser at all. New York's own adviser statute, General Business Law §359-eee, applies to persons who advise the public about securities for compensation. It also excludes advisers with fewer than six New York clients in the past twelve months and federally covered advisers. There is no express family office carve-out in the state statute, so New York counsel should confirm the office's position. Federal market filings still apply in full to an excluded office: Schedules 13D and 13G, Form 13F once discretion reaches US$100 million in 13(f) securities, Form 13H and Hart-Scott-Rodino.
The regulatory consequences of becoming a multi-family office are unusual in New York. Under the SEC's mid-sized adviser framework, New York is the state whose advisers are treated as not subject to state examination. An adviser with its principal office in New York and US$25 million to US$100 million of regulatory assets under management therefore registers with the SEC rather than with the state. Smaller advisers register with the New York State Department of Law. A family that shares its office or markets its platform should plan for registration, compliance policies and a chief compliance officer. A common approach is to keep the excluded single-family office separate and form a registered affiliate for any outside business.
Tax is the main structural constraint. New York State taxes residents on worldwide income at rates up to 10.9% for income above US$25 million. The 2025-2026 budget extended the high-income rates through tax year 2032. New York City adds up to 3.876%. A person is a resident if domiciled in New York, or, under the statutory residence test, if they keep a permanent place of abode there and spend more than 183 days in the state. New York also levies its own estate tax. The basic exclusion amount for 2026 deaths is US$7,350,000, well below the federal US$15 million. Under the cliff rule, an estate that exceeds the exclusion by more than 5% loses it entirely. The three-year addback of taxable gifts made before death was extended in the 2025-2026 budget.
New York trust law is less flexible than that of the leading trust states. New York keeps a rule against perpetuities (EPTL 9-1.1) and has no general directed-trust statute. Bar-backed proposals for one had not been enacted as far as we could confirm. New York residents therefore usually create long-term dynasty and directed trusts in Delaware, South Dakota or another trust state. A trust created by a New York domiciliary is still a New York resident trust. It can be an exempt resident trust, not taxed in New York, if it has no New York trustees, no New York real or tangible property and no New York-source income. Since 2014, New York beneficiaries are subject to a throwback tax on accumulated income distributed from exempt resident trusts. Incomplete gift non-grantor (ING or DING) trusts created by New York residents are taxed to the grantor for New York purposes. On transparency, the New York LLC Transparency Act took effect on 1 January 2026. After the Governor vetoed a broader bill in December 2025, it applies only to LLCs formed outside the United States and authorised to do business in New York. US-formed LLCs, including New York and Delaware LLCs, have no filing obligation under it.
Key benefits
- Direct access to the deepest US ecosystem of banks, prime brokers, fund managers, co-investment deal flow and specialist advisers
- Federal family office exclusion with no minimum AUM, no local spending test and no licence application for a qualifying single-family office
- A clear registration path to the SEC for a multi-family office from US$25 million of regulatory AUM, because New York-based mid-sized advisers register federally
- Deep talent pool of investment, legal, tax and family office professionals, with established US employment-based visa routes for international staff
- Flexibility to run the team in New York while siting trusts in Delaware or South Dakota and investment vehicles in Delaware
- US-formed LLCs are outside both the New York LLC Transparency Act and federal CTA beneficial ownership reporting
Requirements
- Meet each condition of Rule 202(a)(11)(G)-1: only family clients, ownership by family clients, exclusive control by family members or family entities, and no holding out to the public; keep a client eligibility file covering family members, former family members, key employees and family entities
- Confirm the office's position under NY General Business Law §359-eee, including the 'fewer than six persons' exclusion and whether any client relationship could be advice to the public
- If the office serves non-family clients: register with the SEC (principal office in New York and US$25 million or more of regulatory AUM) or with the NY Department of Law below that, file Form ADV, and adopt compliance, code of ethics and custody procedures
- Federal market filings where thresholds are met: Schedules 13D/13G, Form 13F (US$100 million in 13(f) securities), Form 13H and Hart-Scott-Rodino premerger notifications
- New York State and City tax registrations, returns and payroll withholding for each entity; review NYC unincorporated business tax exposure for the management LLC
- Residence planning for principals and family members: domicile and the statutory residence test (permanent place of abode plus more than 183 days), supported by day-count and location records
- New York estate tax planning against the 2026 basic exclusion amount of US$7,350,000, the 105% cliff and the three-year gift addback
- For trusts created by New York domiciliaries: maintain exempt resident trust status (no NY trustee, no NY real or tangible property, no NY-source income), and plan distributions given the throwback tax
- For a New York LLC: file articles with the Department of State and complete the newspaper publication requirement within 120 days; foreign (non-US) LLCs authorised in New York file under the LLC Transparency Act
- FATCA classification and W-8/W-9 forms for every entity, FBAR, Form 8938 and Forms 3520/3520-A where relevant, and bank KYC with source-of-wealth evidence
Structure designs
Excluded single-family office in Manhattan
A New York management LLC owned by family trusts, employing the investment and operations team and serving family clients only. It suits families that want an in-house team close to managers and deal flow without SEC registration.
Registered multi-family office
SEC registration from US$25m regulatory AUM (principal office in New York)
A registered adviser that serves several families or shares the platform. It suits families that want to share costs, admit related families who fall outside the rule, or build the office into a business.
New York office with Delaware or South Dakota trusts
The team operates in New York, while dynasty, directed and asset protection trusts are sited with a trustee in Delaware or South Dakota and administered there. It suits New York families seeking perpetual trusts and directed-trust flexibility not available under New York law.
International family with a New York investment arm
A non-US family keeps its holding structure outside the United States and uses a New York office or affiliate for US investments. It suits families that want US market access while managing US tax residence, US-situs estate tax exposure and New York filings.
Step-by-step process
- 1
Map family, residence and assets
Identify which family members live in or may move to New York, their domicile and day-count position, and assets by location. Decide whether the office will serve only family clients.
- 2
Design governance and jurisdictions
Agree the family constitution and investment committee. Choose the trust state and trustee model, and decide which entities sit in New York and which in Delaware.
- 3
Form entities and settle trusts
Form the management LLC and investment vehicles, complete New York publication where a New York LLC is used, settle trusts with an out-of-state trustee, and draft service and cost-allocation agreements.
- 4
Confirm regulatory status
Document each client's eligibility under the family office rule, review GBL §359-eee, and register with the SEC or the state if any non-family business is planned.
- 5
Office, staff and immigration
Lease space and hire the team; for international staff or principals, prepare visa petitions alongside the tax residence plan.
- 6
Banking, custody and reporting
Open custody and operating accounts, complete FATCA classifications, and set calendars for 13F/13D, federal, New York State and City returns, and foreign trust reporting.
- 7
Review each year
Re-test family client status, residence day counts, exempt resident trust conditions and estate plans against current federal and New York exclusion amounts.
Typical documents
- Passports, visas or green cards and proof of address for family principals
- Source-of-wealth and source-of-funds evidence for each contributor
- Family tree identifying the common ancestor and each family client
- LLC articles and operating agreements, with proof of New York publication
- Trust instruments, trustee acceptances and evidence of out-of-state trust administration
- Family constitution, investment policy statement and committee charters
- Employment agreements supporting key employee status
- Lease, payroll registrations and New York State and City tax registrations
- Residence records for principals: day counts, travel records and evidence of domicile
How Legal Wealth helps

Legal Wealth helps families build a New York family office that uses the city's markets and talent while keeping regulatory status, residence and trust situs under control. Working with New York securities, tax and trusts counsel, we test the family against the SEC rule and New York adviser law, model state and city tax exposure, and align the office with trusts sited in Delaware or South Dakota. For international families, we coordinate US immigration and pre-immigration tax planning with the office structure. Our approach is discreet, bespoke and focused on succession. Enquiries: info@legalwealthglobal.com.
Enquire with Legal WealthFrequently asked questions
Does a New York single-family office need a licence?
Not if it meets the SEC family office rule, Rule 202(a)(11)(G)-1, which places a qualifying office outside the federal definition of investment adviser. New York's GBL §359-eee covers those who advise the public and excludes advisers with fewer than six New York clients, but has no express family office exclusion, so confirm the state position with counsel. Federal filings such as 13F still apply.
When would our New York office have to register with the SEC?
Once it advises anyone outside the rule's definition of family client. Because New York-based mid-sized advisers are treated as not subject to state examination, an adviser with its principal office in New York registers with the SEC from US$25 million of regulatory assets under management. Below that, it registers with the New York State Department of Law.
What does the New York estate tax cliff mean for us?
For 2026 deaths the New York basic exclusion amount is US$7,350,000. If the taxable estate exceeds 105% of that amount, the exclusion is lost entirely and the whole estate is taxed. Gifts made within three years of death are added back. Planning usually combines lifetime gifts, trusts and domicile planning.
Can New Yorkers use Delaware or South Dakota trusts to avoid New York income tax?
A trust created by a New York domiciliary can qualify as an exempt resident trust if it has no New York trustee, no New York real or tangible property and no New York-source income. Accumulated income later distributed to New York beneficiaries is subject to a throwback tax, and ING and DING trusts created by New York residents are taxed to the grantor.
Does the New York LLC Transparency Act apply to our family LLCs?
Only if they were formed outside the United States and are authorised to do business in New York. The Act took effect on 1 January 2026. Foreign LLCs authorised before that date must file by 31 December 2026, and those authorised later within 30 days. New York and Delaware LLCs currently have no filing obligation under the Act.
Will working at the office make a family member a New York tax resident?
It can. A person not domiciled in New York is still a statutory resident if they keep a permanent place of abode in the state and spend more than 183 days there in the year. Residents are taxed on worldwide income by the state and, if living in the city, by New York City.
Last reviewed: 2026-10. Requirements, fees and timelines change. Information is general, reviewed on the date shown, and is not legal or tax advice.
Sources
- eCFR – 17 CFR 275.202(a)(11)(G)-1, Family offices
- SEC – Frequently asked questions regarding mid-sized advisers
- NY General Business Law §359-eee
- NY Department of Taxation and Finance – Estate tax
- NY Department of Taxation and Finance – TSB-M-14(3)I, resident trusts and ING trusts
- EisnerAmper – New York LLC Transparency Act status







