How to Form an LLC in New Mexico

This guide to starting an LLC in New Mexico provides step-by-step instructions on filing formation documents, obtaining tax IDs, and setting up company records.

Overview

LLCs are the most popular business structure because they are inexpensive to form, provide flexibility to the owners, and are easy to run. Forming your LLC legally establishes your business, limits your personal liability, and gains tax flexibility. The following step-by-step will help you as you undertake this process.

Fast Facts: Your Budget and Timeline

Here is an overview of the total paperwork, cost, and time it takes to form an LLC in New Mexico. Be sure to read the final step in this guide - "Ongoing Filings" - to understand your ongoing costs to maintain a compliant New Mexico LLC.

Step-by-Step New Mexico LLC Instructions

1. Check Name Availability

   The legal name of your LLC may not conflict with any other registered name. Check availability of your desired name by conducting a name search.

   Name Search:	New Mexico Secretary of State - Business Services Division Name search
   Name Reservation:	Optional
   Suffix:	The name of a limited liability company shall be stated in its articles of organization and shall contain the words "limited liability company" or "limited company" or the abbreviation "L.L.C.", "LLC", "L.C." or "LC". The word "limited" may be abbreviated as "ltd." and the word "company" may be abbreviated as "co.".  NMSA §53-19-3

2. Appoint a Registered Agent

   Before you officially file to create your New Mexico LLC, you will need to decide who your New Mexico registered agent will be. A registered agent is a business's legal appointee to receive notice of lawsuit and other legal or government notices.

   State law requires every LLC to have a registered agent. The registered agent is designated when you file New Mexico articles of organization with the New Mexico Secretary of State - Business Services Division.

   Our reliable registered agent service fulfills this requirement. You get:

   • Same-day documents from our local office in Santa Fe
   • Immediate online access to state forms with our address and, where required, our signature
   • Annual fees from $89 to $99 per state with no additional charges

   
   

3. File New Mexico Certificate of Formation

   File the articles of organization to create your limited liability company.

   Agency:	New Mexico Secretary of State - Business Services Division
   Form:	Articles of Organization
   Filing Method:	Mail, in-person, fax or online.
   Agency Fee:	$50 + optional $100-150 expedite fee
   Turnaround:	~3 months. ~2 business days for $100 expedite fee. ~1 business day for $150 expedite fee.
   Law:	NMAC §53-19-8
   Notes:	File signed original, one copy, registered agent statement, and filing fee Expedite fees require a separate check or money order, or your document will be immediately rejected.

4. Establish Company Records

   Your LLC must keep correct and complete books and records. Your filed articles of organization are the first documents for your LLC’s records. Your LLC will generate many other official records such as:

   • Meeting minutes
   • Operating agreement
   • EIN verification letter
   • Amendments and other filings made to the LLC throughout its lifetime

   Organizations need a secure, centralized tool for managing and accessing sensitive records. Our Records Manager software offers a simple, efficient way for LLCs to store records, track members and managers, and customize meeting notifications.

5. Create the Operating Agreement

   Draft an Operating Agreement (potentially using a template) which is the governing document for the LLC. It defines the formalities of how the LLC will run itself such as holding an annual meeting. You will review and adopt the agreement at your organizational meeting.

6. Hold the Organizational Meeting

   The first meeting of the members of the LLC is the organizational meeting. You will need your filed articles of organization and your operating agreement in order to conduct this meeting. Keep minutes of this meeting and store them in your company record book.

7. Get a Federal Employer Identification Number (EIN)

   If your LLC has more than one member or will hire employees, it must obtain an EIN. An EIN is also often required to open a bank account.

   Agency:	Internal Revenue Service (IRS)
   Form:	IRS Form SS-4
   Filing Method:	Mail, phone, fax, or online.
   IRS fee:	$0
   Turnaround:	Immediately online or by phone. 4 business days by fax. 4-5 weeks by mail.
   Notes:	The IRS website is only available during certain hours. Print your EIN before closing your session. For additional guidance, see IRS Pub 1635: Understanding Your EIN.

8. Get New Mexico State Tax Identification Numbers/Accounts

   LLCs must register if they are doing business in New Mexico.

   Submit to:

   New Mexico Taxation and Revenue Department
   http://www.tax.newmexico.gov/

   Form:

   Form ACD-31015: Application for Business Tax Identification Number

   Fee:

   $0

   Filing Method:

   Mail or online at Taxpayer Access Point (TAP)

   Notes:

   New Mexico will issue your LLC a CRS Identification Number, an 11-digit number also known as a business tax identification number.

9. Consider Electing S-Corp or C-Corp Taxation

   By default, your LLC receives pass-through taxation and the vast majority of LLCs keep this tax classification. Some LLCs benefit from electing S-Corp or C-Corp tax treatment:

   • S-Corp treatment can help owner-employees who earn more than ~$75,000 per year save on self-employment taxes. File Form 2553: S-Corp Election.
   • C-Corps suffer from double taxation: the corporation pays taxes on profits then members pay taxes on their distributions. If profits exceed $250,000 per owner, you provide employee benefits, or you will re-invest most of your profit in the business, you may benefit from the low tax rates on retained earnings under C-Corp treatment. File Form 8832: C-Corp Election.

10. Obtain Business Licenses & Permits

    To run your business legally, you must obtain applicable licenses and permits. The easiest way to navigate the wide range of federal, state, and local requirements is to search by your business type and locality using the Small Business Administration Business License & Permit look-up tool.

    
    

    New Mexico Business License

    Not required

    
    
    

    General Business License licensure is not required on the State level in New Mexico.

    New Mexico does not have a general business license at the state level, but local licenses are often required.

11. Ongoing Filings to Maintain Your LLC

    You must file federal and state tax returns.

    Many states also require business entities to file an annual report to maintain good standing with the secretary of state. If an annual report is required for LLCs formed in New Mexico, view the table below.

    
    

    New Mexico Corporation Annual Report Requirements:

    Agency:	New Mexico Secretary of State - Business Services Division
    Filing Method:	Online (paper forms are no longer accepted).
    Agency Fee:	$25
    Due:	Biennially by the 15th day of the fourth month following the close of your fiscal year. Look-up your corporate record and next biennial report due date here.
    Law:	New Mexico Statutes § 53-5-2.
    Penalties:	$200 late fee.
    Notes:	An officer must file.

    
    

    For more details, see our New Mexico annual report information center page.

    As your LLC grows, you will need to demonstrate your company’s good standing to banks, customers, and other state agencies. After all the work involved in forming your New Mexico LLC, don’t let a missed annual report filing cause your new business to fall out of compliance.

    Tracking and filing annual reports on your own can be time consuming and lead to accidental lapses. Protect your LLC’s good standing with Managed Annual Report Service, which tracks and automatically files reports on time, every time, so you can focus on your business.