Business registration & legal

New Mexico LLC in 2026: The $50 Filing, No Annual Report and How Anonymous It Really Is

How to form a New Mexico LLC in 2026: the $50 articles of organization, no annual report, how private it really is, gross receipts tax registration and real costs.

Photo of Sumeet YadavEdited by Sumeet YadavFounder & editor, MSMETOOLS · fact-checked against official sources
Updated October 2026 Verified against official sources 12 October 2026 17 min read
New Mexico LLC — MSMETOOLS guide cover
Contents (12)
  1. 1. What a New Mexico LLC is and who should form one
  2. 2. Step 1: Choose and check the name
  3. 3. Step 2: Appoint a registered agent
  4. 4. Step 3: File the articles of organization online
  5. 5. How anonymous a New Mexico LLC really is
  6. 6. Step 4: EIN, operating agreement and the gross receipts tax registration
  7. 7. Keeping the LLC in good standing without an annual report
  8. 8. Foreign LLCs, dissolution and other filings
  9. 9. What it costs: a worked first-year budget
  10. 10. Worked examples
  11. 11. Common mistakes and how to fix them
  12. 12. What to do next

A New Mexico LLC is one of the cheapest to form and keep in the country. The articles of organization cost $50, and because the state's LLC Act has no annual report, there is no yearly fee to the Secretary of State at all. The state is also known for privacy, since the articles do not have to name the owners. This guide covers each step, what is really private, the tax registration most businesses also need, and a worked budget. Fees were checked against the LLC Act's fee section and the Secretary of State's filing rules in October 2026.

Quick answer

To form a New Mexico LLC, file articles of organization online with the Secretary of State's Business Services Division on the Enterprise portal and pay $50. Name a registered agent in New Mexico and upload their acceptance of appointment. There is no annual report for LLCs. Then register with the Taxation and Revenue Department for a free Business Tax ID, which almost every business needs for gross receipts tax.

  • Name must include LLC, L.L.C., LC, L.C., "limited liability company" or "limited company"

  • Optional name reservation: $20 for 120 days

  • Members and managers need not be named in the articles

  • Lose your registered agent for 30 days and the LLC can be revoked

  • Paper filings are no longer accepted

What a New Mexico LLC is and who should form one

A New Mexico limited liability company is formed under the Limited Liability Company Act, sections 53-19-1 to 53-19-74 of the New Mexico Statutes Annotated 1978. Bills to replace it with a newer uniform act have been introduced over the years, but the Secretary of State's list of governing statutes still points to Article 19, the law this guide follows. Filings go to the Secretary of State's Business Services Division in Santa Fe; taxes go to the Taxation and Revenue Department. Once the articles are filed, the LLC is a separate legal entity: its debts and contracts are its own, and members are generally not personally liable for them.

For federal tax, a one-owner LLC is a disregarded entity and a multi-owner LLC is a partnership unless it elects corporate treatment. New Mexico follows the federal classification, so a single-member LLC's profit is reported on the owner's New Mexico personal return and a multi-member LLC files the state's pass-through entity return.

An LLC suits most small New Mexico businesses, from Albuquerque contractors to Santa Fe galleries. You do not need to live in New Mexico or be a US citizen, and one person can form it alone; section 53-19-8 lets the articles state that the LLC may operate as a single-member company.

Step 1: Choose and check the name

Under section 53-19-3, the name must contain "limited liability company" or "limited company", or one of the abbreviations "L.L.C.", "LLC", "L.C." or "LC". "Limited" may be shortened to "Ltd." and "company" to "Co.". The name has to be distinguishable from every LLC, limited partnership and corporation on file in New Mexico, every foreign LLC or corporation registered here, and any reserved name.

Search the Business Search on the Secretary of State's site before you commit to a name, and use our LLC name checker to test variations. If you are not ready to file, you can reserve a name for $20. Under section 53-19-4 the reservation holds the name for your exclusive use for 120 days from the date the application is filed, and it can be transferred to someone else for another $20, but a transfer does not extend the 120 days.

Reservation is optional. Most owners skip it and file the articles straight away, because the articles cost $50 and lock in the name permanently.

New Mexico LLC at a glance (2026)

$50

Articles of organization

NMSA 53-19-63(A)

none

Annual report

None required for LLCs

$20

Name reservation

120 days

free

Business Tax ID

Taxation and Revenue Department

Step 2: Appoint a registered agent

Section 53-19-5 requires every New Mexico LLC to keep a registered office and a registered agent in the state. The agent can be an individual who lives in New Mexico, or a domestic or registered foreign company whose place of business is the same as the registered office. You can be your own agent if you live in New Mexico.

New Mexico asks for one more thing than most states: under section 53-19-9 the filing must include the registered agent's signed statement accepting the appointment. On the Enterprise portal you upload this acceptance with the articles, and the Secretary of State publishes a registered agent acceptance form for the purpose. A filing without it is incomplete.

Out-of-state owners, and owners who want to keep a home address off the record, usually hire a commercial registered agent, typically around $50 to $300 a year (an estimate based on national agent services' published prices, not an official figure). Agent changes matter here: if you change agents or the agent's address and do not file a statement of change within 30 days, the LLC can be revoked. A statement of change costs $20.

Step 3: File the articles of organization online

The Business Services Division says all business filings have moved online and it no longer accepts paper filings for business applications. Create an account on the Enterprise portal at enterprise.sos.nm.gov, open the Forms tab, choose the domestic LLC articles of organization and complete them.

Under section 53-19-8 the articles must give the LLC's name, the street address of the registered office and the agent's name, the principal place of business if different, the period of duration if not perpetual, a statement if the LLC is to be managed by managers, and a statement if it may operate as a single-member LLC. You may add other provisions, but you do not have to list members or managers. Pay the $50 fee by card.

The LLC is formed when the Secretary of State files the articles, or at a later date and time you specify. If the office refuses a filing, section 53-19-67 requires it to tell you the reasons in writing within 15 working days, and you can appeal to the district court.

Forming a New Mexico LLC online

  1. 1

    Search the name

    Check the Business Search and add an LLC ending; reserve it for $20 only if you need time.

  2. 2

    Line up the registered agent

    Get the agent's signed acceptance of appointment ready to upload.

  3. 3

    Open an Enterprise portal account

    Register at enterprise.sos.nm.gov and choose the domestic LLC articles under Forms.

    New Mexico SOS Business Services
  4. 4

    Complete, upload and pay

    Enter the name, agent, addresses and management choice; upload the acceptance and pay $50.

    Tip: Single-member? Tick the statement that the LLC may operate with one member.

Why filings get rejected or delayed. The usual reasons are a name too close to an existing entity, a missing LLC ending, no uploaded agent acceptance, an agent without a New Mexico street address, and an organizer trying to mail a paper form. The office is open for walk-ins Monday to Thursday and answers phone queries on 505-827-3600.

How anonymous a New Mexico LLC really is

New Mexico is often described as an "anonymous LLC" state. The description is partly true, and it helps to know exactly what is and is not public.

What stays off the public record. The articles do not have to name the members or managers. Because the LLC Act has no annual report, there is no yearly filing that adds them later. If you leave the articles silent on ownership, the Secretary of State's record for the LLC shows the company name, the registered agent and office, the principal address and the person who signed as organizer.

What is still public. The organizer's name appears on the filing, so owners who want privacy often have their attorney or registered agent act as organizer. The registered agent's address is public, which is why owners who serve as their own agent put their home address on the record. A principal place of business is also shown if it differs from the registered office.

Who still knows the owners. The IRS knows the responsible party named on the EIN application, banks identify beneficial owners when you open an account, and the Taxation and Revenue Department asks for owner details when you register for a Business Tax ID. Federally, FinCEN's beneficial ownership report no longer applies to companies formed in the United States (current position: Not required for US-formed companies), so that report is not a disclosure route either.

Privacy is not the same as avoiding other states' rules. If you live and work in, say, Texas or California, a New Mexico LLC operating there usually has to register as a foreign LLC in that state, which often requires disclosure and fees of its own. And privacy never protects anyone from a court order or subpoena.

The New Mexico State Capitol, known as the Roundhouse, in Santa Fe
New Mexico LLCs are filed online with the Secretary of State's Business Services Division in Santa Fe; there is no yearly report to file afterwards.· Image: Ken Lund (Flickr) (CC BY-SA 2.0)

Step 4: EIN, operating agreement and the gross receipts tax registration

EIN. Apply for an employer identification number from the IRS once the LLC is filed. It costs Free ($0) and is issued at the end of the online session. Our EIN application guide walks through each screen.

Operating agreement. New Mexico does not file it, but the LLC Act gives maximum effect to freedom of contract and the enforceability of operating agreements, so a written agreement does real work here. Cover ownership, profit shares, who can sign, how decisions are made and what happens when a member leaves.

Business Tax ID and gross receipts tax. This is the step owners from other states most often miss. New Mexico taxes most sales of goods and services through gross receipts tax rather than a sales tax, and the Taxation and Revenue Department says anyone engaged in business in the state must register. Registration on the Taxpayer Access Point (TAP), or on Form ACD-31015, is free and gives you a Business Tax Identification Number, often still called a CRS number. The state rate is 4.875%, and local rates bring Albuquerque to 7.625%, Santa Fe to 8.1875% and Las Cruces to 8.39%. Returns are due by the the 25th of the following monthth of the month after each period. Our New Mexico gross receipts tax guide covers rates, deductions and nontaxable transaction certificates.

City licence. Many cities require their own business registration or licence. Albuquerque, for example, requires a City Business License costing $36.75 a year per location, and asks for a copy of your Business Tax ID registration with it; our Albuquerque business license guide explains it.

Your first weeks as a New Mexico LLC

Step 1

Agent acceptance

signed

Step 2

Articles online

$50

Step 3

EIN

free

Step 4

Bank account

Step 5

Business Tax ID

free on TAP

Step 6

City licence

Keeping the LLC in good standing without an annual report

With no annual report, a New Mexico LLC has fewer ways to fall out of good standing, but the ones that remain are easy to trip over because nothing reminds you each year.

Keep a registered agent. Under section 53-19-66.1 the Secretary of State may revoke an LLC that has gone 30 days without appointing and maintaining a registered agent, or 30 days without filing a statement after its registered office or agent changed. A commercial agent that resigns gives 30 days' notice, so replace it at once.

Report changes. A change of registered office or agent costs $20. Section 53-19-5 also requires the LLC to tell the Secretary of State when its principal place of business moves. Amended or restated articles, for a new name or a change from member to manager management, cost $50.

Reinstatement. A revoked LLC can apply for reinstatement within two years after revocation. The application recites the revocation date, states that the grounds no longer exist and confirms the name still meets the rules. Once reinstated, the LLC is treated as if it had never been revoked.

Certificates. Banks and lenders sometimes ask for a certificate of good standing. The LLC Act sets $25 for certificates not otherwise priced, and the Secretary of State may require any fees due to be paid before issuing one. See our certificate of good standing guide.

Tax filings are separate. Good standing with the Secretary of State says nothing about your tax accounts. Gross receipts tax returns, withholding returns and income tax returns all continue, and the Taxation and Revenue Department can pursue them whether or not the LLC is active on the register.

A New Mexico LLC formed in May 2026

Day 1

Articles filed online ($50) with agent acceptance

Week 1

EIN, bank account and Business Tax ID on TAP

25th of each month (or quarter)

Gross receipts tax return due

Every year

No annual report; check the agent and addresses are current

Within 30 days of any agent change

File the statement of change ($20)

Foreign LLCs, dissolution and other filings

Registering an out-of-state LLC. An LLC formed elsewhere that transacts business in New Mexico registers with the Secretary of State for $100. One that operates without registering is liable for all the fees it would have paid and a civil penalty of up to $200 a year for each year or part of a year, and it cannot sue in New Mexico courts until it registers.

Dissolving. Articles of dissolution cost $25. File final gross receipts tax returns and close your TAP accounts as well, because dissolving with the Secretary of State does not close tax accounts.

Mergers and conversions. Articles of merger, conversion or consolidation cost $100 under the same fee section.

What it costs: a worked first-year budget

The table shows three realistic New Mexico LLCs. State fees come from section 53-19-63; the registered agent line is a market estimate; city licences are left out because they vary.

Cost itemAlbuquerque web developerSanta Fe two-owner galleryTexas owner, Ruidoso cabin rental
Name reservationnone$20none
Articles of organization$50$50$50
Commercial registered agent (estimate)$0 (own home)$0 (one owner)$125
EINFree ($0)Free ($0)Free ($0)
Business Tax IDfreefreefree
First-year state total$50$70$175
State filing fee every year afternonenoneagent only

Over five years. An LLC that keeps its agent and addresses current pays the Secretary of State $50 once and nothing more, one of the lowest totals anywhere. Arizona charges $50 to file and also has no annual report, while Colorado charges $50 to form and $25 every year.

Downtown Albuquerque, New Mexico, seen from Gold Avenue
An Albuquerque LLC pays the state $50 once, but still registers for gross receipts tax and with the city.· Image: Ken Lund (Flickr) (CC BY-SA 2.0)

Worked examples

An Albuquerque web developer. Ana forms "Sandia Pixel LLC" on the Enterprise portal, names herself as registered agent at home and uploads her own acceptance. She registers on TAP the same week because web design is a taxable service in New Mexico, charges gross receipts tax at the Albuquerque rate of 7.625% on local clients, and files returns by the the 25th of the following monthth. She never files an annual report.

A Santa Fe gallery run by two partners. Luis and Mei reserve "Canyon Road Prints LLC" for $20 while they negotiate a lease, then file the articles within the 120 days. They choose manager management with Luis as manager, which they state in the articles, and file the state pass-through return each year.

A Texas owner with a Ruidoso cabin. Ray lives in Lubbock and wants his name off the public record. He hires a commercial agent who also signs as organizer, so neither his name nor his address appears on the filing. He still registers for gross receipts tax on the rental income, checks whether the village charges a lodgers' tax, reports the profit on a New Mexico nonresident return, and keeps the agent paid so the LLC is never revoked.

New Mexico LLC launch checklist

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Common mistakes and how to fix them

Assuming no annual report means no upkeep. The LLC can still be revoked for losing its registered agent. If your agent resigns or moves, replace or update it within 30 days.

Skipping the tax registration. Service businesses often think they have nothing to register because they do not sell goods. New Mexico's gross receipts tax reaches most services, and registration is free.

Mailing a paper form. The Secretary of State no longer accepts paper business filings; file on the Enterprise portal.

Overestimating anonymity. Owners who sign as organizer or act as their own agent put their name and address on the record. Use an agent who signs as organizer if privacy matters.

Paying look-alike mailers. Letters offering to file a New Mexico "annual report" for a fee come from private companies. New Mexico LLCs have no annual report.

What to do next

Check your name with our LLC name checker, get your registered agent's acceptance signed and file the articles on the Enterprise portal. Get your EIN, then register on TAP using our New Mexico gross receipts tax guide, and check your city's rules, starting with our Albuquerque business license guide if you are there. If you are still choosing a structure, read our LLC registration guide and LLC vs sole proprietorship.

This is general information, not legal or tax advice — confirm on the official source or with a professional.

Frequently asked questions

The Secretary of State charges $50 to file articles of organization, set by section 53-19-63 of the LLC Act. A name reservation, if you want one, is $20. The EIN is Free ($0), and the Business Tax Identification Number from the Taxation and Revenue Department is free. Because New Mexico has no annual report for LLCs, many owners pay the state only once.

Sources & verification

Figures on this page were checked against the sources below when it was last reviewed on 12 October 2026. Each rate and limit is stored once with its own official source and review date, and official update channels are monitored daily so changes are picked up. How we verify

  1. 1.Limited Liability Company Act, NMSA 1978 Chapter 53 Article 19 (copy published by the Secretary of State) — New Mexico Secretary of State · accessed 12 October 2026
  2. 2.Statutes Governing Business in New Mexico — New Mexico Secretary of State · accessed 12 October 2026
  3. 3.Business Services — New Mexico Secretary of State · accessed 12 October 2026
  4. 4.Who must register a business — New Mexico Taxation and Revenue Department · accessed 12 October 2026
  5. 5.FYI-105 Gross Receipts and Compensating Taxes: An Overview — New Mexico Taxation and Revenue Department · accessed 12 October 2026
  6. 6.Gross Receipts Location Code and Tax Rate Map — New Mexico Taxation and Revenue Department · accessed 12 October 2026
  7. 7.Get an employer identification number — IRS · accessed 12 October 2026
  8. 8.Beneficial Ownership Information — FinCEN · accessed 12 October 2026

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