Start a Free LLC in New Mexico

Per the New Mexico Secretary of State, as of September 2026, New Mexico charges $50 to file the Articles of Organization. New Mexico does not require an annual report, so there is no recurring report fee. With LLC Register, formation is included in the $99-a-year New Mexico registered agent service, so year one costs $149.

The New Mexico Secretary of State does not publish a standard processing time. New Mexico does not offer paid expedited processing for LLC formations. Your LLC exists once the state accepts your filing.

To start an LLC in New Mexico, choose an available name, appoint a New Mexico registered agent, and file the Articles of Organization with the New Mexico Secretary of State for $50. Then sign an operating agreement, get a free EIN from the IRS, open a business bank account and register for any state taxes. LLC Register files it for you as part of the $99-a-year registered agent service.

Yes. You can file online only, through the Secretary of State's Enterprise portal; New Mexico no longer accepts paper LLC filings. The Articles of Organization costs $50.

In New Mexico you form an LLC by filing the Articles of Organization with the New Mexico Secretary of State. Other states call this document the articles of organization or the certificate of formation. The filing fee is $50.

No. New Mexico does not offer paid expedited processing for LLC formations. The New Mexico Secretary of State does not publish a standard processing time.

Use the New Mexico Secretary of State's free online business name search to check whether your LLC name is available. Your New Mexico LLC name must include "limited liability company," "limited company," or an abbreviation such as "LLC," "L.L.C.," "LC" or "L.C.". It must be distinguishable from other business names on file with the Secretary of State.

Your New Mexico LLC name must include "limited liability company," "limited company," or an abbreviation such as "LLC," "L.L.C.," "LC" or "L.C.". It must be distinguishable from other business names on file with the Secretary of State. The rules are set by the New Mexico Limited Liability Company Act, NMSA 1978 §§ 53-19-1 to 53-19-74.

Yes. You can reserve a name for $20; the reservation lasts 120 days. A reservation is optional; filing the formation document also secures the name.

Yes. Every New Mexico LLC must have a registered agent. Your registered agent must have a physical street address in New Mexico, a P.O. box is not accepted, and be available there to accept legal papers. The agent can be a New Mexico resident, an authorized entity, or a commercial registered agent.

Yes. A member or manager can serve as the LLC's registered agent if they have a physical street address in New Mexico and are available there to accept legal papers. Your address becomes public record, and someone must be there during business hours to accept legal papers.

Not as your registered agent's address. Your registered agent must have a physical street address in New Mexico, a P.O. box is not accepted, and be available there to accept legal papers. The agent can be a New Mexico resident, an authorized entity, or a commercial registered agent. A PO box can usually serve as a mailing address, but the registered agent needs a physical address in New Mexico.

File the Statement of Change of Registered Agent with the New Mexico Secretary of State. The fee is $20.

Serving as your own New Mexico registered agent is free if you qualify. Commercial registered agents charge a yearly fee. LLC Register's New Mexico registered agent service is $99 a year and includes LLC formation and annual report filing.

No. New Mexico does not require LLCs to file an annual report. New Mexico has no franchise or privilege tax on LLCs. The state's corporate income and franchise tax applies to corporations, not to a pass-through LLC.

New Mexico has no franchise or privilege tax on LLCs. The state's corporate income and franchise tax applies to corporations, not to a pass-through LLC.

New Mexico taxes an LLC the way the IRS does, so by default its profits pass through to the members' personal New Mexico income tax returns. An LLC with nonresident members must withhold New Mexico tax on their share of net income unless those members file and pay directly. Federally, a single-member LLC is taxed like a sole proprietorship and a multi-member LLC like a partnership, unless it elects to be taxed as a corporation.

New Mexico taxes most business receipts under its Gross Receipts Tax instead of a traditional sales tax. Register for a business tax account with the Taxation and Revenue Department through the Taxpayer Access Point; there is no fee to register.

Before you hire, register for unemployment insurance with the Department of Workforce Solutions, and for wage withholding with the Taxation and Revenue Department through the Taxpayer Access Point. You also need an EIN from the IRS before you run payroll.

It depends on your industry and location: New Mexico regulates some professions and activities through state licenses, and many cities and counties require local business licenses. Start with the New Mexico Economic Development Department.

New Mexico does not require an operating agreement, and you never file one with the state. Members set their own governance rules by agreement. LLC Register includes an operating agreement with every New Mexico LLC it forms.

You need an EIN if your LLC has employees or more than one member, and most banks ask for one to open a business account. A single-member LLC without employees can use the owner's Social Security number for federal taxes, but an EIN keeps it off business paperwork.

Apply for free on the IRS website once the state has approved your LLC; online applicants receive the EIN immediately. Owners without a Social Security number can apply with Form SS-4 by fax or mail.

Yes. You do not have to live in New Mexico or be a U.S. citizen to form a New Mexico LLC. You do need a registered agent with a physical address in New Mexico. Non-U.S. owners without a Social Security number apply for an EIN with IRS Form SS-4.

Yes. New Mexico allows an LLC with a single owner. By default the IRS taxes a single-member LLC like a sole proprietorship, reported on the owner's personal return.

No. New Mexico's LLC Act does not provide for series LLCs.

Yes. Licensed professionals such as accountants, architects and engineers can form a professional LLC under New Mexico law, using the same Articles of Organization process as any other LLC.

No. New Mexico does not require newspaper publication to form an LLC.

Order a Certificate of Good Standing from the New Mexico Secretary of State for $50. Banks, lenders and other states often ask for one as proof your LLC is current with the state.

An LLC formed in another state registers to do business in New Mexico by filing the Application for Registration of Foreign Limited Liability Company (Certificate of Registration) with the New Mexico Secretary of State. The fee is $100, and the LLC needs a New Mexico registered agent.

File the Articles of Amendment (Amended and Restated Articles of Organization) with the New Mexico Secretary of State for $50. Amend when you change your LLC's name or other information in the formation document.

File the Articles of Dissolution with the New Mexico Secretary of State for $25. Before you file, wind up the business: pay debts, close tax accounts and distribute what is left to the members.

New Mexico has no state-level DBA or trade-name registration for LLCs; register with your county clerk if your county requires it, and check locally for any fee. A DBA lets your LLC trade under another name without forming a new company.

Yes. An eligible LLC can elect S corporation tax status by filing IRS Form 2553. The election can reduce self-employment tax once profits are high enough to pay yourself a reasonable salary. New Mexico taxes an LLC the way the IRS does, so by default its profits pass through to the members' personal New Mexico income tax returns. An LLC with nonresident members must withhold New Mexico tax on their share of net income unless those members file and pay directly.

An LLC separates your personal assets from business debts and lawsuits, keeps pass-through taxation, and needs less paperwork than a corporation. In New Mexico it costs $50 to form, with no annual report to file.

A sole proprietorship costs nothing to start, but you are personally liable for the business's debts. A New Mexico LLC costs $50 to form and protects your personal assets, with the same pass-through taxes by default.

Usually not if your business operates in New Mexico. An out-of-state LLC doing business here must also register as a foreign LLC in New Mexico for $100 and keep a New Mexico registered agent, so you pay two states' fees.

Member and manager names are not required in the Articles of Organization, so ownership is not made public through the state filing. New Mexico does not require LLCs to file an annual report.

No. Formation is included in the $99-a-year New Mexico registered agent service. The state still charges its $50 filing fee, which we pass through at cost.

For $99 a year plus the $50 state fee: New Mexico LLC formation in year one, a New Mexico registered agent, an operating agreement, and ongoing compliance reminders. Renewal is $99 a year. State fees are passed through at cost.

No. FinCEN has exempted companies created in the United States from beneficial ownership information (BOI) reporting. Only foreign companies registered to do business in a U.S. state still have to report.

The New Mexico Secretary of State, Business Services Division, handles LLC formations, amendments and annual filings. Its office is at 325 Don Gaspar, Suite 300, Santa Fe, NM 87501.

Yes, you should. Mixing business and personal money can weaken the liability protection your LLC gives you. Banks usually ask for your filed Articles of Organization, your EIN and your operating agreement.