Forming a New Mexico LLC
(2025 Guide)
2025 LLC Guide
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forms your LLC with Northwest for $39 (60% off). Details inside.
How to Start an LLC in New Mexico (Step-by-Step Guide)
Discover how to start an LLC in New Mexico, our step-by-step guide. Learn the essential requirements and process to form your business today.
To establish an LLC in New Mexico, submit the Articles of Organization to the New Mexico Secretary of State. The filing fee is $50, and approval typically takes 3 days. Follow these 6 steps:
Choose an LLC Name
Select a Registered Agent
File Articles of Organization
Create an Operating Agreement
Obtain an EIN
Register for a New Mexico Tax ID Number
If you prefer to form your LLC independently, refer to our free guide below. For professional assistance, we suggest hiring Northwest Registered Agent.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
What is the cost to establish an LLC in New Mexico?
The fee for starting an LLC in New Mexico is $50. This amount is required to submit the Articles of Organization, which officially forms an LLC. For more details on LLC costs, refer to LLC Costs in New Mexico.
How long does it take to form an LLC in New Mexico?
Mailing your application will result in approval within 15-20 business days. Filing online, however, accelerates the process to 1-3 business days. For the latest information on potential delays, check How long does it take to get an LLC in New Mexico.
Here’s how to establish an LLC in New Mexico
1. Look Up Your LLC Name
Check the availability of your LLC name in the state. It’s crucial because no two businesses can share the same name within the state.
Start by researching your desired business name and compare it to those already registered. Utilize the NM Secretary of State: Business Search to ensure your LLC name is distinct from any existing businesses.
Next, get acquainted with the state’s naming regulations to ensure your LLC’s approval process goes smoothly. We’ll provide a detailed explanation here: New Mexico LLC Name.
Note:
Most people choose “LLC”.
2. Select a New Mexico Registered Agent
The following step involves selecting a Registered Agent. A New Mexico Registered Agent is an individual or company responsible for receiving legal mail and state notices on behalf of your New Mexico Limited Liability Company.
Who is eligible to be an LLC Registered Agent? You have three options for appointing a Registered Agent:
You
A friend or family member
A Registered Agent Service
New Mexico mandates that LLC Registered Agents must maintain a physical street address within the state. PO Boxes are not permissible. The name and address of the Registered Agent will be included in public records.
If you lack an address in New Mexico or desire increased privacy, you can opt for a Registered Agent Service for your LLC.
We suggest Northwest Registered Agent
One of the aspects we appreciate most about Northwest is their willingness to allow you to use their office address for your LLC filing. This ensures your personal address is not listed in public records.
Additionally, they provide a service to scan any mail addressed to your LLC and upload it to your online account. Northwest offers exceptional customer service, and we trust them as our own Registered Agent.
Special offer:
Form your LLC with Northwest for $39 + state fee and get a free year of Registered Agent service.
(Read our Northwest Registered Agent review.)
3. Submit LLC Articles of Organization
To establish an LLC, you must submit the New Mexico Articles of Organization.
This is a singular filing to officially form your LLC. The fee for filing your Articles of Organization online with the New Mexico Secretary of State is $50.
If you prefer to handle this yourself, check out our detailed guide: New Mexico LLC Articles of Organization. Alternatively, you can hire a service to complete it on your behalf.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
4. Draft an LLC Operating Agreement
An LLC Operating Agreement acts as a complementary document to the Certificate of Formation. While the Certificate of Formation establishes your LLC, the Operating Agreement identifies the owners of the LLC.
Moreover, many banks require an Operating Agreement when setting up an LLC bank account. It is also invaluable if legal issues arise, as it demonstrates the proper management of your LLC. For these reasons, we advise all LLCs, including Single-Member LLCs, to have an Operating Agreement.
Additionally, an Operating Agreement is considered an “internal document.” This means you don’t need to file it with the state or the IRS (Internal Revenue Service). Simply keep a copy with your business records. You can download a free template below. Then, watch our New Mexico Operating Agreement video for a step-by-step guide on how to complete it.
Download a free LLC Operating Agreement:
Member-managed: Google Doc | Word | PDF
Manager-managed: Google Doc | Word
(What’s better? See Member-managed vs Manager-managed LLC)
5. Obtain an EIN for Your LLC
The following step is to secure a New Mexico EIN from the IRS for your LLC. Note: An EIN, also known as a Federal Tax ID Number or Federal Employer Identification Number, is essential.
An EIN is needed to:
– Identify your LLC for tax purposes
– Open a business bank account
– Apply for business licenses and permits
How much does an EIN cost? The IRS provides an EIN at no charge.
How long does it take to receive an EIN? Online applications are processed in 15 minutes, while mail or fax applications may take 1-3 months.
How can I obtain an EIN?
– US Citizens/Residents: With an SSN or ITIN, apply online. Follow these instructions: Apply for an EIN online.
– Non-US Residents: You can’t apply online, but you can obtain an EIN via fax or mail. See these instructions: How to get an EIN without an SSN or ITIN.
6. Apply for a Tax ID Number in New Mexico
Every LLC is required to register with the Taxation & Revenue Department to obtain a New Mexico Tax Identification Number. This state-specific tax ID is essential for operating within New Mexico and differs from the federal EIN assigned to your LLC. Registration can be completed online via the Taxpayer Access Point. Additional details about the Tax ID requirement are available from the New Mexico Taxation & Revenue Department: Who must register a business?
What should I do after my LLC is approved?
After receiving approval for your LLC, there are several key steps to consider.
Open a business bank account
It’s essential to establish a business bank account for your LLC. This step simplifies accounting and record-keeping. Moreover, having a separate account helps protect your personal liability by keeping business and personal finances distinct.
Obtain necessary business licenses and permits
The good news is that New Mexico does not require a state general business license. However, depending on your LLC’s location, you might need a local business license or permit. For instance, starting a daycare might require a city or county business license. More details can be found on our New Mexico LLC Business License page.
File and pay taxes
LLCs themselves don’t pay federal taxes; instead, the LLC members are responsible for taxes as part of their personal returns. In essence, owners report LLC taxes on their personal tax filings. How exactly is your LLC taxed? By default, the IRS taxes an LLC based on its ownership structure:
– A Single-Member LLC is taxed like a Sole Proprietorship.
– A Multi-Member LLC is taxed like a Partnership.
Alternatively, you can request the IRS to tax your LLC as a C-Corporation or S-Corporation.
For married couples, instead of the LLC being taxed as a Partnership, they can opt for taxation as a Single-Member LLC (known as a Qualified Joint Venture) due to New Mexico’s community property laws. Beyond federal taxes, consider state and local income taxes, as well as gross receipts tax. Learn more on New Mexico LLC Taxes.
Helpful Resources
The New Jersey Department of Treasury includes both the Division of Revenue & Enterprise Services and the Division of Taxation as its subdivisions.
The New Jersey Division of Revenue and Enterprise Services is responsible for the formation and registration of LLCs in the state.
And the New Jersey Division of Taxation is responsible for New Jersey tax filings.
New Jersey Department of Treasury
Website
Youtube | Facebook | Twitter
New Jersey Division of Revenue and Enterprise Services
Website
Phone: 609-292-9292
Hours: Monday through Friday, 8:30am – 4:30pm Eastern
New Jersey Division of Taxation
Website
Phone: 609-292-6400
Hours: 8:30am to 4:30pm on Monday, Tuesday, Thursday, and Friday and 10am to 5:30pm on Wednesdays
How to Start an LLC in New Mexico FAQs
Can I start an LLC online in New Mexico?
Yes, you can easily file your LLC online in New Mexico. The fee for filing the Articles of Organization is $50. Once you file online, your LLC will typically be approved within 1-3 business days.
What are the benefits of an LLC?
A major benefit of forming an LLC is the protection of your personal assets. This means that in the event your business is sued, your personal belongings—such as your home, vehicles, and bank accounts—remain safe. This protection covers all LLC owners, known as LLC Members, regardless of whether you have a Single-Member or Multi-Member LLC. This protection isn’t available with a Sole Proprietorship or Partnership, making LLCs a more popular choice. Another advantage is LLC pass-through taxation, wherein the LLC itself doesn’t pay federal income taxes; instead, profits go directly to LLC Members who then report it on their personal tax returns. New Mexico’s state income tax system aligns with this federal structure. For more details, see How are LLCs taxed.
Is New Mexico a good state to start an LLC?
Deciding if New Mexico is a suitable state for your LLC depends on your residence and business location. If you live or conduct business in New Mexico, you should form your LLC there. While some websites highlight tax benefits of certain states, these are irrelevant if you don’t reside or operate there. For instance, forming an LLC in Nevada while living and working in New Mexico means you’ll need to register it in New Mexico as well, incurring extra fees and taxes with no real benefit. Thus, if you live and do business in New Mexico, it’s a good choice for your LLC. Otherwise, it’s not ideal. Exceptionally, if buying real estate outside New Mexico, form your LLC in the state where the property is located. For more insights, see Best State to Form an LLC.
Do I need to file a New Mexico Annual Report?
In New Mexico, LLCs aren’t required to file an Annual Report or pay an annual fee. While most states mandate these, New Mexico stands out by not requiring LLCs to file or pay for an Annual Report. For more details, see: New Mexico LLC Annual Report.
What is the difference between a Domestic LLC, a Foreign LLC, and a PLLC?
Domestic LLCs, Foreign LLCs, and Professional LLCs differ based on formation location and business purpose. A Domestic LLC is established in its “home state,” where the owner resides and operates. For example, if you live and do business in New Mexico, you’d form a Domestic LLC there. A Foreign LLC is formed outside its home state; hence “foreign” refers to it being outside its original location. If you expand your New Mexico business to Arizona, you’d register your New Mexico LLC as a Foreign LLC in Arizona. LLCs are state-level entities; thus, to operate in multiple states, you must register in each as a Domestic or Foreign LLC.
What is a PLLC?
A Professional Limited Liability Company (PLLC) is a type of LLC designed for offering “professional services.” This includes businesses needing special state permissions like licenses or certifications. Professions such as architects, attorneys, social workers, doctors, and veterinarians often register as PLLCs. For further details on PLLCs and their specific requirements, read: What’s a Professional LLC? For more information on Foreign and Domestic LLCs, refer to: Foreign LLCs by State Difference between Domestic LLCs and Foreign LLCs.
About Us
We specialize in guiding individuals through the process of forming LLCs across all states, while also offering a range of comprehensive business services tailored to entrepreneurs.
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- support@uniprime.online
- +1 (646) 347-3833
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