New Mexico LLC Filing Fees and Requirements
Forming an LLC in New Mexico costs $50 — a one-time state fee with no annual report required. See every fee, form, and filing requirement for your New Mexico LLC.
Bizee Editorial Staff
Editorial Team
New Mexico LLC at a glance
Filing fee: $50 (one-time Articles of Organization fee; online filing only)
Processing time: [PROCESSING_TIME] — filed online through the New Mexico Secretary of State Enterprise portal
State agency: New Mexico Secretary of State, Business Services Division
Annual report due: None — New Mexico does not require LLCs to file an annual report
State tax rate: No franchise tax on pass-through LLCs; gross receipts tax applies to business revenue; corporate income tax applies if LLC elects C Corp or S Corp status
New Mexico LLC filing fees and requirements
Forming an LLC in New Mexico costs $50 — a one-time state filing fee paid to the New Mexico Secretary of State. There's no annual report and no recurring Secretary of State fee after that, which makes New Mexico one of the more affordable states to maintain an LLC over time.
Articles of Organization: the formation filing
To form a New Mexico LLC, you file Articles of Organization with the New Mexico Secretary of State Business Services Division. The state filing fee is $50, and it's a one-time charge — not an annual fee. New Mexico no longer accepts paper filings; everything goes through the Secretary of State's Enterprise portal online.
New Mexico's no-annual-report rule is one of the things that catches people off guard — in a good way. Once you've paid the $50 formation fee, there's no recurring Secretary of State fee to keep your LLC active.
What goes into the Articles of Organization
The Articles of Organization form asks for a few key pieces of information. Your LLC name must be distinguishable from existing names on file with the Secretary of State and must include a required designator — things like "Limited Liability Company," "LLC," or "LC" are all acceptable.
- LLC name — must be distinguishable on Secretary of State records and include a required designator ("LLC," "LC," or "Limited Liability Company")
- Principal business address — a physical street address is required; P.O. boxes are not accepted
- Registered agent name and New Mexico street address — the agent must consent to serve and be available during normal business hours
- Registered agent consent — a signed Statement of Consent of Registered Agent, either incorporated into the filing or uploaded separately
You'll need to create an account at the Secretary of State's Enterprise portal before you can access the Domestic LLC Articles of Organization form. The portal also lets you check whether your proposed LLC name is already taken before you file.
Registered agent requirement
Every New Mexico LLC must appoint a registered agent — a person or entity with a physical street address in New Mexico who is available during normal business hours to receive legal documents and official state correspondence on behalf of the LLC. There's no separate state fee for appointing the initial registered agent; it's covered by the $50 Articles of Organization filing fee.
An LLC member, manager, or owner can serve as the registered agent if they're at least 18 years old and have a qualifying New Mexico address. If you change your registered agent later, you'll need to file a Statement of Change of Registered Agent with the Secretary of State and pay a state filing fee for that change.
Annual report and ongoing state fees
New Mexico does not require LLCs to file an annual report, and there's no recurring Secretary of State fee to keep your LLC in good standing. The ongoing annual fee payable to the Secretary of State for a domestic LLC is $0, assuming no changes to your registration.
New Mexico also doesn't impose a franchise tax on pass-through LLCs. That said, your LLC will still have tax obligations at the state level. New Mexico's gross receipts tax applies to most business revenue, and if your LLC has employees, withholding tax requirements apply. A tax professional can help you figure out which state taxes apply to your specific business.
Operating agreement
New Mexico does not require LLCs to have an operating agreement, and you don't file one with the state. Even so, having one is worth doing — it documents how your LLC is owned, how decisions get made, and how profits are divided. Without one, disputes between members are harder to resolve and state default rules fill in the gaps, which may not reflect what you actually want.
Business licenses and permits
New Mexico doesn't have a general statewide business license that all LLCs must get. Licensing is handled at the local level — by city or county — and by specific regulated industries. What you need depends on where your business operates and what it does.
Some local governments require proof of registration with the New Mexico Taxation and Revenue Department — a Business Tax Identification Number or gross receipts tax registration — before they'll issue a city or county business license. Industries like food service, childcare, health care, and construction typically have additional permit and inspection requirements. Check with your local government and the New Mexico Regulation and Licensing Department for what applies to your business.
Employer Identification Number
An Employer Identification Number (EIN) is a federal tax ID issued by the IRS. Most LLCs need one — you'll use it to open a business bank account, file federal taxes, and pay employees. Applying directly through the IRS is free.
FAQ
The state filing fee is $50 — a one-time charge to file your Articles of Organization with the New Mexico Secretary of State. New Mexico doesn't require LLCs to file an annual report, so there's no recurring Secretary of State fee after formation. You file online through the Secretary of State's Enterprise portal; paper filings are no longer accepted.
No. New Mexico does not require LLCs to file an annual report with the Secretary of State, and there's no annual LLC fee. To stay in good standing, you need to keep a valid registered agent with a physical New Mexico address on file. If your registered agent changes, you'll need to file a Statement of Change of Registered Agent and pay the applicable state fee.
No. New Mexico doesn't impose a franchise tax on pass-through LLCs. There's no minimum annual LLC tax at the state level. Your LLC will still have other tax obligations — New Mexico's gross receipts tax applies to most business revenue, and withholding tax applies if you have employees. A tax professional can help you figure out what applies to your situation.
It depends on your industry and location. New Mexico doesn't have a general statewide business license. Licensing is handled at the city or county level, and regulated industries — things like food service, health care, construction, and childcare — have their own permit requirements. Check with your local government and the New Mexico Regulation and Licensing Department to find out what your business needs.
We collect the $50 New Mexico state filing fee at cost and pay it directly to the Secretary of State on your behalf when we file your Articles of Organization. You're never charged more than the actual state fee — we pass it through without markup.
Yes. Every New Mexico LLC must have a registered agent with a physical street address in New Mexico who is available during normal business hours. You name the registered agent in your Articles of Organization, and the agent must consent to serve. An LLC member or manager can fill this role if they meet the residency and address requirements.
No. New Mexico doesn't require LLCs to have an operating agreement, and you don't file one with the state. It's still worth having one — it sets out ownership percentages, decision-making rules, and how profits are split. Without it, state default rules apply, which may not match what you and your co-owners actually agreed to.
Yes. The New Mexico LLC formation fee is $50, paid once when you file your Articles of Organization. After that, there's no annual report and no recurring Secretary of State fee. New Mexico is one of the few states where the only mandatory state cost is the initial $50 formation filing.
