Why founders look at a New Mexico LLC
A New Mexico LLC is the lowest-cost of the three states non-residents usually compare: $50 to form and no annual state fee after that. For a small online business run from outside the US, the only fixed yearly cost at state level is the registered agent.
It also keeps member names off the formation document. The trade-offs are a state that publishes less filing guidance online than Wyoming or Delaware, and no annual report to keep the public record up to date. Both points are covered below. For a side-by-side view of the three states, see our Wyoming vs Delaware vs New Mexico LLC comparison.
New Mexico LLC filing fee
The state fee to form a New Mexico LLC is $50. The Limited Liability Company Act sets it at "fifty dollars ($50.00)" for filing the original articles of organization and issuing a certificate of organization (NMSA 53-19-63). The same section sets the other LLC fees:
| Filing | State fee (NMSA 53-19-63) |
|---|---|
| Articles of organization | $50 |
| Amended or restated articles | $50 |
| Name reservation | $20 |
| Change of registered office or agent | $20 |
| Certificate (for example, of good standing) | $25 |
| Articles of dissolution | $25 |
| Foreign LLC registration | $100 |
The Secretary of State says "All business filings have moved to online process", and filings go through the Business Filing System portal. We could not confirm a published standard processing time or an expedite option from the Secretary of State, so we do not quote one.
Does a New Mexico LLC file an annual report?
No. New Mexico does not require LLCs to file an annual report, and the Secretary of State charges an LLC no yearly fee. The Secretary of State lists the Limited Liability Company Act, NMSA 53-19-1 to 53-19-74, as the statute that governs LLCs. That Act contains no annual report requirement for LLCs, and its fee section, NMSA 53-19-63, lists no annual report fee.
No annual report is a real saving: $0 a year compared with at least $60 in Wyoming and $400 in Delaware. It also means less to forget. The catch is that the state never asks you to confirm your details. If your registered agent or address changes, you must file the change yourself ($20), or the public record goes out of date.
Other states do have annual reports. If your New Mexico LLC registers in another state because it operates there, that state's report still applies. Our LLC annual report service covers state reports.
Registered agent requirement
Every New Mexico LLC must name a registered agent. The Articles must set out "the street address of the initial registered office and the name of the initial registered agent at that address" (NMSA 53-19-8). The online form includes a statement of acceptance by the designated agent, so the agent must agree before you file.
A non-resident will use a commercial registered agent. The agent receives legal papers and state mail and forwards them to you. Because New Mexico sends no annual report reminders, a reliable agent with forwarding matters more here than in states that write to you every year. See our registered agent service.
Privacy: what goes on the public record
New Mexico does not require member or manager names in the Articles of Organization. Under NMSA 53-19-8, the Articles must include:
- the LLC name
- the registered office street address and registered agent
- the principal place of business, if different from the registered office
- the period of duration, if not perpetual
- a statement if the LLC is manager-managed
- a statement if it is a single-member LLC
The online form has optional boxes for a manager or single member's name and address. If you fill them in, they become part of the public filing, so leave them blank if privacy matters to you. The organizer's typed name acts as an electronic signature and appears on the filed document, which is why many founders let their filing service act as organizer.
With no annual report, there is no yearly filing that adds names later. That is the privacy advantage New Mexico is known for. As with every state, privacy on the state record does not hide ownership from banks, payment providers or the IRS. US-formed LLCs also no longer file BOI reports with FinCEN (see our BOI report guide).
Gross receipts tax if you do business in New Mexico
New Mexico has no sales tax in the usual sense. Instead it has a gross receipts tax (GRT) that "is imposed on businesses" for selling property, leasing or licensing property, granting franchise rights and performing services in New Mexico. It is imposed on the seller, though businesses commonly pass it on by stating it on invoices. Rates vary by location.
Forming your LLC in New Mexico does not by itself create GRT. What counts is where you do business. The Taxation and Revenue Department lists physical presence triggers such as a business location, property stored in the state or employees in the state. A business without physical presence must file if it had at least $100,000 of taxable gross receipts sourced to New Mexico in the previous calendar year. A business that must file needs a New Mexico Business Tax Identification Number.
A founder abroad who sells software or services to customers outside New Mexico will often have no GRT to file. If you have customers, staff, stock or an office in New Mexico, ask a licensed tax professional to check your position. For sales tax in other states, see our sales tax registration page.
How to start an LLC in New Mexico, step by step
- Pick a name. It must contain "limited liability company", "limited company", "L.L.C.", "LLC", "L.C." or "LC" (NMSA 53-19-3), and it must be available. You can reserve a name for $20 if you are not ready to file.
- Appoint a registered agent. The agent needs a New Mexico street address and must accept the appointment in the online filing.
- Prepare the Articles of Organization. Decide whether the LLC is member-managed or manager-managed, and whether to tick the single-member statement. Leave optional name fields blank if you want members off the record.
- File online and pay $50. Filing is through the Secretary of State's portal. The state issues a certificate of organization once the Articles are filed.
- Sign an operating agreement. It is not filed with the state, but banks ask for it. See our LLC operating agreement guide.
- Apply for an EIN. The EIN is free from the IRS. Non-residents without an SSN or ITIN apply by fax, mail or phone. Our EIN application service prepares and submits the SS-4.
- Set up yearly reminders. There is no state annual report, but the registered agent renewal and Form 5472 still come round every year. Use our compliance deadline calendar.
Doing it yourself is possible: the filing is online and the state fee is $50. Using us adds a name check, preparation and filing by our filing team, a registered agent, secure document handling, portal tracking and reminders. Our starter bundle adds the EIN and first-year Form 5472 as well.
New Mexico LLC cost
A New Mexico LLC has the lowest state costs of the three popular non-resident states. The table shows government and state fees only.
| Cost | Year 1 | Each later year |
|---|---|---|
| Articles of organization | $50 | None |
| Annual report | None | None |
| Registered agent | Agent's annual fee | Agent's annual fee |
| EIN from the IRS | $0 | None |
| Form 5472 and pro forma 1120 | No IRS fee | No IRS fee |
| Certificate of good standing (if a bank asks) | $25 | $25 each time |
Our own service prices are on the pricing page, and the LLC state fee comparison tool compares state fees across states.
Drawbacks of a New Mexico LLC
The drawbacks are mainly practical, not legal. Weigh them before choosing New Mexico only for the low fee.
- Fewer online services and less published guidance. Fees come from the statute rather than a detailed fee page, and we found no published processing time or expedite service. Wyoming and Delaware publish both.
- No annual reminder. With no annual report, the state does not prompt you to check your registered agent or address. You have to keep the record current yourself.
- Bank and payment provider questions. Some providers ask for a recent certificate of good standing. In New Mexico that is a $25 certificate you request when needed.
- Less familiar to some counterparties. Investors and some US partners are more used to Delaware. If you plan to raise venture capital, read our LLC vs C corp comparison first.
When a New Mexico LLC suits non-residents
A New Mexico LLC suits a non-resident who wants the lowest fixed cost, values members being kept off the state record and runs a business with no physical presence in New Mexico. Typical examples are freelancers, agencies and software sellers with customers around the world.
It suits less well if you expect to raise investment, want a state that sends yearly compliance prompts, or will have staff or stock in New Mexico, where gross receipts tax would apply. Whatever state you choose, federal rules stay the same. A foreign-owned single-member LLC files Form 5472 with a pro forma Form 1120 every year, due 15 April for a calendar year, with a $25,000 penalty for not filing. See our Form 5472 guide and the wider US LLC for non-residents guide.
Sources
- New Mexico Statutes: NMSA 53-19-63, Secretary of State fees (LLC Act)
- New Mexico Statutes: NMSA 53-19-8, Articles of organization
- New Mexico Statutes: NMSA 53-19-3, Name
- New Mexico Secretary of State: Statutes governing business in NM
- New Mexico Secretary of State: Business services
- New Mexico Secretary of State: Business Filing System
- New Mexico Taxation and Revenue Department: Gross receipts overview
- New Mexico Taxation and Revenue Department: Determining nexus
- IRS: Instructions for Form 5472
- FinCEN: Beneficial ownership information reporting
Fees, deadlines and rules on this page were last checked on 27 September 2026.