How to Form an LLC in New Mexico

37 comments on “New Mexico LLC”

1. I would like to bring my Nevada LLC to New Mexico. How is that done?

   • Hi Connie, you’ll want to register your Nevada LLC as a foreign LLC in New Mexico. That is done by filing a “Foreign Limited Liability Company Application for Registration”. You can download the form on this page: New Mexico Secretary of State: Foreign Limited Liability Company. Note, you don’t need the “Reservation of Name” form. Hope that helps!

2. 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.

3. 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.

4. 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 Foreign Entities 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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!

10. 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 Registered Agent), 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.

11. 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.

12. i live outside the USA and i need to open single member LLC for my online business what i need is an EIN number and real USA business address (not a post box address) does opening an LLC provide me and EIN number and a us Adress Thanks.

    • Hi Hafid, you’d need to figure out the address part before forming the LLC. Check out our New Mexico Registered Agent page for some tips. After the LLC is approved, then you’d apply for an EIN from the IRS. You can find instructions here: apply for LLC EIN without SSN. You’ll also want to be aware of IRS Form 5472 as well. Hope that helps!

13. Hi there,
    I already found that New Mexico is one of 4 states that allow private/anonymous filing of an LLC, but how do I file anonymously/privately?
    Do I just exclude my name from the organization papers and write only the Registered Agent’s Name And Address?

    Also, once my New Mexico LLC is established, can I set up a new domestic CA and AZ LLCs, would my personal name and address also be kept private in those states if I set them up under my NM private/anonymous LLC?

    Lastly, would the Northwest Registered Agent be able to handle this 3 LLC projects?

    • Hi Martin, there are actually 20+ states where Members aren’t required to be listed in the Articles of Organization (or Certificate of Organization or Certificate of Formation). Privacy comes down to what names and addresses do you want or not want listed that hit public record. So that includes the Registered Agent name, Registered Agent address, business address, Member information (if required), who signs as the LLC Organizer, and any other field in a form you may be concerned about.

      If your New Mexico LLC will own the other domestic LLCs, it comes down to the information that is required in those states’ filing form (Articles of Organization, Certificate of Organization, or Certificate of Formation) as well as those states’ Annual Reports (or similar forms). The best strategy we recommend is to print out all the paperwork (LLC filing forms + Annual Report forms) for all the states you’re involved in and test-fill them out multiple times. Also pay attention to how an entity is required to sign (if your New Mexico LLC needs to sign on the domestic LLC’s forms). Northwest may be able to assist you, but we recommend corresponding with them over email to make sure you cover all the details. Hope that helps.

14. Hey Matt,
    Man, your site is awesome, thank you for all of the infos.

    I am looking at forming an Non-US owned LLC DE.
    I have no intention of doing business with or from within the US, perhaps Amazon FBA at some point.

    I do however have an interest in opening a Transferwise account for receiving in Euros (from fort EU)

    From what I have read so far, New Mexico seems easy and affordable to setup and maintain in comparison to other states.

    I also understood that to open a Transferwise account one needs to be more public, so is it necessary to file anonymously? or can it just be public?

    And, with the description of my setup, would you say that NM is a good state to form an LLC in?

    Thanks again!

    • Hi Feisal, New Mexico is a common state used by non-US residents. If there is no physical activity or no employees or dependent agents in a location, then you can pick any state you’d like. I’m not 100% sure how that will affect opening an account with TransferWise. You can send an email to TransferWise and ask. Tell them the state that you formed an LLC in doesn’t publicly list LLC Members (owners). But tell them you have a Statement of LLC Organizer and an LLC Operating Agreement that show you as the Member. And tell them you are the EIN Responsible Party for the EIN with the IRS and see what they say. Hope that helps :)

      • Thanks again, Matt.

        I will report back here after receiving their answer.

        • Here is the reply from TransferWise:

          ———————————–

          Hi Feisal,

          Thanks for getting back to me.

          We generally just check in the New Mexico state registry when verifying a business account.

          Additional documentation may be required based on factors such as business structure or type of business, but our verification team would let you know what’s required once the account is setup if anything is needed.

          As far as the message from your associate, we generally don’t require documentation stating the owners/directors. Usually we just need their full name, date of birth and country of residence.

          If you have the new profile set up, just let me know the membership number or registered email and we can take a look.
          Best Regards,

          Keven
          TransferWise Business Support

          • Hi Feisal, thank you for sharing. It sounds pretty straightforward. They don’t require the Members to publicly listed. I think it’s worth applying and sending over all documentation so their review team has more than necessary. Feel free to keep me posted on how things go.

15. Hello,

    I have two businesses in Texas that I would like an LLC for. I would like to keep my name off public records and free from unwanted solicitations. So one of my friends told me to setup in New Mexico. Would this help me accomplish what I’m looking for? I’m the sole owner. Thanks in advance

    • Hi Kelly, if you form an LLC in New Mexico, but the LLC is doing business in Texas, you’ll need to register the New Mexico LLC as a foreign LLC in Texas (currently $750). So just forming a New Mexico LLC won’t accomplish what you want.

      You could form a New Mexico LLC and have that LLC own and manage the Texas LLC. In this manner, you wouldn’t register a New Mexico LLC as a foreign LLC in Texas, but you’d first form a New Mexico LLC and then form a Texas LLC and list the New Mexico LLC as a Governing Person in the Texas LLC Certificate of Formation.

      If you did that, you’d want to hire a Commercial Registered Agent in both New Mexico and Texas for address privacy. You’ll want to use a New Mexico Registered Agent company that’ll also let you use their address as the New Mexico LLC’s Principal Place of Business Address and Mailing Address. When you list the New Mexico LLC in the Texas LLC Certificate of Formation, you can use the New Mexico address. You’ll also want to hire a filing company to form both LLCs so they sign and use their name and address as the LLC Organizer. I know that may be a bit much to absorb at once, however, I hope that is helpful.

16. Hi Matt,

    Amazing content! I checked the Northwest Registered Agents procedure to open a New Mexico LLC as a non-resident alien. Under “Management” they ask the following:

    List Members/Managers With State?
    1-List Members/Managers With State
    2-Omit Members/Managers With State (*if you omit, it may be more difficult to open a bank account)

    I am thinking about opening a bank account with Mercury and using Transferwise to transfer money to my personal bank account.

    From your experience, do you think I may have trouble getting a bank account? I am a Canadian citizen, non-resident of Canada (based in Asia.)

    Thank you so much

    Martin

    • Hi Martin, thank you! You shouldn’t have any issues leaving that information off the Articles of Organization. This is because your LLC will have an Initial Resolution from Northwest showing you as the owner. And you’ll have a New Mexico LLC Operating Agreement also listing you as the owner. We recommend speaking with a Canadian accountant. Typically, Canadians have to file with the IRS and with the CRA, however, I’m not sure if that applies to your situation as a non-Canadian resident. Hope that helps.

17. Hello Matt,

    I went through all your guide how to form LLC at New Mexico and I finally did it! Thanks.

    Steps I did:
    1) Buy 1 year of NM registered agent service
    2) Register at https://portal.sos.state.nm.us/BFS/online/
    3) Register LLC through Corporations > Domestic (NM) LLC Formation and follow your guide
    4) Pay 50$ for filling and in two hours I had approved LLC company!

    However I still do not feel comfortable beacuse it was quite easy! Opposite that experience, a formation an LLC alternative at Czech Republic is nightmare :D

    I received “Certificate of Organization” from Secretary of State and “Statement of Acceptance of Appointment by Designated Successor Registered Agent” from my RA office earlier.

    I am from Czech Republic and I am listed as member and director with home address at Czech Republic. Is it OK that I formed a domestic LLC and not foreign?

    Is it enough to do business? Or should I requested some apostilled and notary signed official physical documents? Where to get them and how much does it cost to send it to the Czech republic?

    I am going to request EIN via fax as well this or nex week.

    Sorry for too many questions… It is simple maybe, but I am deformed by our jurisdiction ;)

    Kind Regards
    Navrat

    • Hey Navrat, you’re very welcome! I’m glad the LLC formation process was easy for you. Your LLC is complete. The state of New Mexico should have sent you a stamped and approved Articles of Organization and a Certificate of Organization.

      Yes, a domestic New Mexico LLC was correct. A foreign LLC qualification is if you formed an LLC in another US state, and then want to register that LLC to do business in New Mexico. Foreign LLC doesn’t mean foreign-owned LLC. I know, it’s confusing ;)

      Your next steps are to get an EIN and open an LLC bank account:
      How non-US resident can get EIN for US LLC
      How non-US resident can get LLC bank account for US LLC

      If your LLC is a Single-Member LLC, you will need to file Form 5472 and Form 1120 every April (starting in 2022).

      No, you don’t need documents apostilled. Hope that helps!

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