New Mexico LLC for non-residents: $50 to form, no annual report

New Mexico charges $50 to form an LLC, and its LLC law sets no annual report and no yearly fee. The trade-offs lie elsewhere: a state portal that is hard to reach from abroad, and taxes that depend on what your LLC does.

What you file to form the LLC

The LLC exists once the Secretary of State files its articles of organization. The $50 fee is set in section 53-19-63 of the New Mexico Limited Liability Company Act. Under section 53-19-8, the articles need only the LLC’s name, its registered office and agent in New Mexico, the principal address if different, the duration if it isn’t perpetual, and a statement if managers run it or if it can have a single member.

You also upload the agent’s signed acceptance. Whoever signs adds their name and capacity, and doesn’t have to be a member.

Filing is online only: the Secretary of State no longer accepts paper filings for any business. Its online filing guide, on the business user guides page, says card payments carry a convenience fee and fees aren’t refunded, so a rejected filing is paid again.

“No annual report” doesn’t mean no duties

The LLC Act sets no periodic report or yearly fee. Apart from card fees and later changes, three years of Secretary of State fees come to the $50 you paid at the start. You still have to:

• Keep a registered agent in New Mexico. It must be a New Mexico resident or a company whose place of business there is the registered office, so you can’t be your own agent from abroad. After 30 days without one, the state can revoke the LLC.
• File agent or office changes within 30 days. It costs $20, and missing the deadline is also grounds for revocation.
• Keep the record current. Report a new principal address, and amend the articles if the name or the type of management changes.

If your agent resigns, its appointment ends 30 days after the state gets the notice. A revoked LLC can apply for reinstatement within two years.

That leaves the registered agent as your main recurring cost, counted for three years in the table below.

What the public can see

The articles don’t have to name members or managers, but they show the agent, the addresses and the signer’s name and role. The Secretary of State says its business information is public to anyone in the United States.

The portal problem for owners abroad

On that same page, under “Geo-Blocking”, the office says it generally protects that information from foreign countries, asks owners abroad to email its helpdesk, and warns that in rare cases it may not be able to give direct access. When we tried the filing portal from Mexico on October 10, 2026, access was refused. Every later change, such as a new agent, goes through that portal, so weigh this if you plan to handle state filings yourself.

New Mexico taxes depend on what the LLC does

Gross receipts tax. The Taxation and Revenue Department applies it to businesses engaged in business in New Mexico, such as those selling property or performing services there, or performing services elsewhere whose product is first used there. A business without physical presence is subject to it if it had at least $100,000 of taxable gross receipts sourced to New Mexico in the previous calendar year. Its page on nexus counts “contracting with a salesperson or other agent in New Mexico” as physical presence, without saying whether a registered agent counts. With customers in New Mexico, ask a tax advisor.

Income tax. By default, the IRS disregards a single-member LLC as separate from its owner, and New Mexico’s pass-through entity rules leave those LLCs out of its pass-through return. As the owner, you file a New Mexico return as a nonresident, foreign nationals included, if you have a federal filing requirement and any New Mexico-source income. Both conditions depend on your case; check them with a tax advisor.

An LLC with two or more members is a partnership by default, and the department says pass-through entities doing business in the state, including those registered there, must file a New Mexico return. Ask an advisor before forming one with partners.

The IRS side doesn’t change

Federal filings are the same in every state. Our guides cover the EIN without an SSN, Form 5472 with a pro forma Form 1120 for a single-member LLC with a foreign owner, and the whole process of opening a US LLC as a non-resident.

When another state fits better

Pick another state if your investors ask for Delaware, or if you’d rather not depend on this portal from abroad for changes and certificates, such as the certificate of good standing and compliance the law lets the Secretary of State issue. To compare, read which state suits a non-resident LLC or the Wyoming state page. To choose who files and acts as your agent, see LLC formation services for non-residents.

We checked every source linked on this page on October 10, 2026.