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How to Form an LLC in New Mexico
A New Mexico Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.
A New Mexico LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).
Forming an LLC in New Mexico is simple. Search your New Mexico LLC name in the state database and select your Registered Agent.
File your Articles of Organization with the New Mexico Secretary of State and wait for your LLC to be approved.
You can file your LLC by mail or online. The state filing fee is $50 in both cases. If you file by mail, your New Mexico LLC will be approved in 15 business days (unless you pay extra). If you file online, your New Mexico LLC will be approved in 1-3 business days.
After your New Mexico LLC is approved, complete your Operating Agreement and get your Federal Tax ID Number (aka EIN) from the IRS.
And, unlike most states which require LLCs to file an Annual Report, New Mexico doesn’t have an Annual Report!
We’ve created a free course that will walk you through forming your own New Mexico LLC, step-by-step.
On desktop, the lessons are listed on your right. On mobile, the lessons are listed at the bottom of the page.
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
22 Comments
I would like to bring my Nevada LLC to New Mexico. How is that done?
Hi Connie, you’ll need to file 2 forms in order to register your Nevada LLC as a Foreign LLC in New Mexico: Document Delivery Instructions and Foreign LLC Application for Registration. The filing fee is $100. Instructions for the filing form can be found here. Hope that helps :)
Can a Non-Resident / Foreigner Form an LLC in New Mexico?
Can a Single Owner Form an LLC in New Mexico?
Hi Fazrul, yes, a non-resident/foreigner can form an LLC in New Mexico. Single-member LLCs are also allowed. Hope that helps. Let me know if you need anything else.
I created a NM LLC through a company last year and they want to charge m $250 to renew it this year… but every resource I check says that one doesn’t have to pay an annual renewal fee for a NM LLC… is there something I’m missing? Thanks.
I have no idea what they’d be charging you for, since New Mexico LLCs don’t have an Annual Report. I’d ask them for details as to what their service entails. Feel free to followup if you’d like. I’m curious to hear what they mention.
I live in Texas can I still register for an llc in New Mexico since it’s cheaper?
While no one will stop you from forming an LLC in New Mexico, if you’re doing business in Texas, you’ll be required to file as a Foreign LLC in Texas (which is expensive in Texas… more expensive than a regular Domestic LLC in Texas). If you don’t register in Texas (when you’re supposed to) the state has the power to impose penalties and fines. Take a look at Chapter 9 of the Texas Business Organizations Code. Sections 9.051 and 9.052 explain the penalties of not registering as a Foreign LLC (if you’re supposed to register as a Foreign LLC). I’d also recommend reading our other article: whats the best state for my LLC. If you live and do business in Texas it’s often cheaper and easier to just form your LLC in Texas. Hope that helps.
Can you set up an LLC in New Mexico with a PO Box?
Hi Brittany, you cannot form a New Mexico LLC with just a PO Box. The Registered Agent address and the company’s principal place of business must be street addresses. The mailing address can be a PO Box. If you’re looking for privacy though, you can hire Northwest Registered Agent and use their address for privacy. They will allow you to use their address throughout the entire New Mexico Articles of Organization (and they’ll also serve as your Registered Agent of course). Hope that helps.
This is my first year after creating a NM (IRA) LLC. Since the IRA LLC is a “disregarded entity” I have no federal tax. Do I still have to file the NM PTE and pay the $50 annual fee?
Hey Rich, we can’t comment on this. You’ll need to get in touch with an accountant to look at all the details of your LLC and your situation. Thanks for understanding.
I have a sole proprietorship in Nevada, however, I conduct no business there. I have outside sales reps who live and work in California, Arizona, and Oregon. I want to convert my sole proprietorship to an LLC. Can I form a single member LLC in New Mexico.
Hi John, you certainly can form an LLC in New Mexico, however, where do you reside, work, and run the business from? If you reside, work, and run the business from a state other than New Mexico, then you’re legally doing business in that state and you may want to consider forming your LLC there instead. If you form an LLC in New Mexico but are doing business in another state, you are required to register your New Mexico LLC as a Foreign LLC in that state. I recommend reading the following two articles: best state for my LLC and changing from Sole Proprietorship to LLC. Hope that helps.
Hello Matt!
You’re webpage is great! I do have a question, I am currently living in California, but I would like to create an LLC in New Mexico.
My question is the next: I am going to sell only through Amazon, so would it count doing business in California if I set up the FBA Amazon pick up in California rather in New Mexico?
Thanks!!
Hey Elena, thanks for the kind words! California is one of the most strict states regarding doing business. Even if you had an actual office and employees in New Mexico (and formed a New Mexico LLC), something as simple as making a phone call to your New Mexico office is considered legally doing business in California. And if you’re running this business from home in California, you’re definitely doing business in California. And California not only has these rules written into state corporate law, but also in Revenue and Taxation law. Meaning, not only can the Secretary of State require a Foreign LLC registration in California, but the California Franchise Tax can assess fines and penalties for illegally transacting business in the state and not paying the $800 annual franchise tax as well as not filing state taxes. On top of that, they’ll require back payment for all years which you didn’t pay the annual franchise tax (whether or not your out-of-state LLC was registered in California). Yes, California is expensive when it comes to LLCs, but that is the “cost of doing business” in California. It’ll still be far less expensive (not to mention the “cost” of stress and loss of productivity if you begin getting fines and penalties) to just form your LLC in California. Hope that helps.
Hello Matt,
I already have a EIN which i registered with my name (no business name or anything of the sort) now if i incorporate a LLC can i use the same EIN or I have to apply for a new one?
Thanks in advance
Hi Amanda, while you can, you’ll need to mail a letter to the IRS to do so. However, we recommend getting a new EIN for the LLC as it keeps the records more organized and guarantees the correct EIN is associated with the correct LLC. Also, getting a new EIN is fairly easy and takes about 10-15 minutes. We have a lesson on it: EIN for LLC instructions. We also have some information on “converting” a Sole Proprietorship to an LLC, if helpful: Sole Proprietorship to LLC. Hope that helps!
Hello Matt!
Lots of great information on this website!
Quick questions: Can someone incorporate a (somewhat anonymous) LLC in New Mexico and use it as a holding company to register an LLC in Massachusetts?
Does Registered Agent also serve as organizer in this case?
What would be the costs and is it recommended for a software business?
Do I have to file a tax return in NM even if income is generated outside the state?
Thanks!
Hi Christine! Yes, you can form a New Mexico LLC and have that be the owner of a Massachusetts LLC. If you’re hiring a filing company (such as Northwest), they’ll serve as both the Organizer and the Registered Agent. You should check with your accountant, but I do not think you’ll need to file a return in New Mexico. Hope that helps.
Hi, I noticed on New Mexico, you don’t go into any detail on taxes, and state licensing, as you do for the other states, do they not Tax LLC’S in NM?
Just curious
Thanks
Hi Tommy, please look at the sidebar menu. We have lessons on business licenses as well as taxation. Thanks.