New Mexico is one of the least expensive states to keep an LLC in. You file Articles of Organization online with the New Mexico Secretary of State through SOS Enterprise for $50 (as of October 2026), and New Mexico LLCs do not file an annual or biennial report with the state.
The ongoing work happens on the tax side instead: most LLCs doing business in New Mexico register with the Taxation and Revenue Department for gross receipts tax. Below are the steps, from naming the LLC to setting up that tax account.
Updated October 2026.
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Best LLC Formation Services in New Mexico (2026)
Our ranked picks for forming an LLC in New Mexico are below, starting with Mainstay Filing. Each entry lists the yearly price and what the service covers.
| Rank | Provider | Best for | Price | What’s included |
|---|---|---|---|---|
| 1 | Mainstay Filing | Forming an LLC with the agent, EIN and annual report included | $199/year + state fee at cost | LLC formation filing, registered agent for the year, EIN application, annual report preparation and filing |
| 2 | NM Registered Agent.org | New Mexico registered agent service only | $99/year | $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
| 3 | New Mexico Registered Agent.co | New Mexico registered agent service only | $99/year | in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
1. Mainstay Filing
Mainstay Filing is our top pick in New Mexico. It costs $199/year + state fee at cost and covers lLC formation filing, registered agent for the year, EIN application, annual report preparation and filing. The price stays the same every year, with no add-on menu.
2. NM Registered Agent.org
NM Registered Agent.org is a New Mexico registered agent service at $99/year. It provides $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
3. New Mexico Registered Agent.co
New Mexico Registered Agent.co is a New Mexico registered agent service at $99/year. It provides in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
New Mexico LLC at a glance (October 2026)
| Item | New Mexico |
|---|---|
| Filing office | New Mexico Secretary of State, Business Services Division |
| Formation document | Articles of Organization |
| Filing fee | $50 (NMSA 1978, § 53-19-63) |
| How to file | Online only, through SOS Enterprise |
| Annual or biennial report | None required for LLCs |
| Registered agent | Required; New Mexico resident or qualified entity |
| Change of registered agent | $20 statement of change |
| State tax registration | Gross receipts tax account with Taxation and Revenue (CRS ID) |
Step 1: Choose your New Mexico LLC name
Your LLC name must include a designator that identifies it as a limited liability company, such as “LLC” or “Limited Liability Company,” and it must be distinguishable from names already registered with the Secretary of State. Search SOS Enterprise before you file, since a filing with an unavailable name will be rejected.
Our New Mexico business name search guide explains the search. Then check that the domain and social handles are free with Namechk, get alternatives from the business name generator if needed, and search the USPTO trademark database.
Step 2: Appoint a registered agent
Under NMSA 1978, § 53-19-5 (in the LLC Act), every New Mexico LLC must keep a registered agent and a registered office in the state. The agent can be:
- An individual who lives in New Mexico, or
- A domestic or authorized foreign corporation, LLC or partnership whose place of business in New Mexico is the same as the registered office
The registered office must be a New Mexico street address, not a P.O. box. The Secretary of State publishes a Registered Agent Statement of Acceptance form for the agent to confirm the appointment. Keeping an agent on file is the main ongoing requirement New Mexico places on LLCs, so if your agent moves or resigns, file a statement of change ($20) promptly.
Mainstay Filing includes a New Mexico registered agent for the first year with its formation service. If you only need an agent, NM Registered Agent.org provides one for a flat $99 per year.
Step 3: File Articles of Organization online ($50)
New Mexico moved all business filings online in December 2024, and the Secretary of State no longer accepts paper applications. According to its online filing guide, you go to enterprise.sos.nm.gov, create an account (the email you use is where all filing notices go), choose Forms, select the business type, and click File Online. Supporting PDFs, such as the registered agent acceptance, are uploaded with the application.
The articles include the LLC name, the registered agent and registered office address, and the organizer’s information, along with any optional provisions. The fee is $50 under NMSA 1978, § 53-19-63, paid online.
For a full breakdown of state and service costs, see the New Mexico LLC cost guide from Mainstay Filing.
Step 4: Write an operating agreement
New Mexico does not require you to file an operating agreement. You should still sign one. It spells out ownership percentages, management, profit distributions and how a member can leave.
Because New Mexico asks so little of LLCs after formation, the operating agreement is where most of your company’s governance actually lives. Banks often ask to see it.
Step 5: Get an EIN and register for gross receipts tax
Apply for a free EIN through the IRS. Then register with the New Mexico Taxation and Revenue Department through its Taxpayer Access Point (TAP). Most LLCs doing business in New Mexico need a business tax account, which issues a Combined Reporting System (CRS) identification number.
Gross receipts tax is New Mexico’s broad tax on receipts from selling or leasing property and performing services in the state. Returns are filed monthly, quarterly or semiannually depending on volume, and are due by the 25th of the month after the reporting period. If you have employees, you also register for wage withholding and for unemployment insurance with the Department of Workforce Solutions.
For income tax, a single-member LLC is disregarded and a multi-member LLC is treated as a partnership by default, with profits flowing through to the members’ New Mexico returns.
Step 6: Keep the LLC in good standing (no annual report)
New Mexico does not require LLCs to file an annual or biennial report with the Secretary of State, and there is no state report fee. That makes ongoing compliance with the Secretary of State simple: maintain a registered agent and office, and update them when they change.
There is a catch to that simplicity: with no annual report reminding you, it is easy to forget the registered agent on file. If the agent resigns or moves and you do not update the record, legal papers may never reach you.
Your recurring obligations are with the Taxation and Revenue Department (gross receipts tax returns and any withholding) and with your city or county for local business licenses.
Step 7: Licenses and DBAs
New Mexico has no general statewide business license, but many cities and counties, including Albuquerque, Santa Fe and Las Cruces, require local business registration or licenses. Licensed professions and trades also need approval from the relevant state board.
If you will trade under a name other than the LLC’s legal name, the Secretary of State has an Application for Fictitious Name. Our guide to starting a business in New Mexico covers licensing and the rest of the setup.
New Mexico LLC FAQs
How much does it cost to start an LLC in New Mexico?
The New Mexico Secretary of State charges $50 to file Articles of Organization as of October 2026, and New Mexico LLCs do not pay an annual report fee because no annual report is required. Other costs depend on your business, such as a commercial registered agent, local licenses and gross receipts tax registration.
Does a New Mexico LLC have to file an annual report?
No. New Mexico does not require LLCs to file an annual or biennial report with the Secretary of State. The main ongoing state requirement is keeping a registered agent and registered office on file. Corporations, by contrast, do file periodic reports in New Mexico.
Can I file New Mexico Articles of Organization on paper?
No. New Mexico moved all business filings online in December 2024, and the Secretary of State no longer accepts paper applications. You file Articles of Organization through SOS Enterprise at enterprise.sos.nm.gov, uploading any supporting PDFs and paying the $50 fee online.
Who can be a registered agent in New Mexico?
A New Mexico registered agent can be an individual who lives in the state, or a domestic or authorized foreign corporation, LLC or partnership whose New Mexico place of business is the same as the registered office. The registered office must be a New Mexico street address, not a P.O. box.
What taxes does a New Mexico LLC pay?
Most New Mexico LLCs register with the Taxation and Revenue Department for gross receipts tax, which applies to receipts from selling or leasing property and performing services in the state. Profits pass through to the members’ income tax returns by default. LLCs with employees also handle withholding and unemployment insurance.
How do I change my New Mexico registered agent?
File a statement of change of registered office or registered agent with the Secretary of State through SOS Enterprise. The statutory fee is $20 under NMSA 1978, § 53-19-63. Because keeping a current agent on file is New Mexico’s main ongoing LLC requirement, update it as soon as your agent or address changes.
Does New Mexico require an operating agreement?
New Mexico does not require LLCs to file an operating agreement with the Secretary of State. Writing one is still recommended because it sets ownership, management and profit-sharing rules, supports the LLC’s separate identity, and is often requested by banks.
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