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How Much Does it Cost to Form an LLC in New Mexico?

Cost to Form an LLC in New Mexico
(Last Updated On: November 29, 2023)

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Navigating the path to entrepreneurship and establishing a Limited Liability Company (LLC) in New Mexico brings with it a range of considerations, among which the cost factor holds undeniable significance. While forming an LLC involves initial expenditures, delving into the realm of business ownership in the Land of Enchantment doesn’t necessarily have to break the bank. 

In this article, we’ll break down the cost components associated with forming an LLC in New Mexico and explore strategies to optimize expenses wisely. Furthermore, we’ll introduce you to invaluable resources like ZenBusiness that offer tailored LLC services, promising not just assistance but also a roadmap to intelligent financial choices. 

Embark on this journey with us as we unveil the true scope of expenses and avenues for shrewd cost savings when establishing your own LLC in New Mexico.

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What Is the Cost of Forming an LLC in New Mexico?

The primary cost to form an LLC in New Mexico is a $50 fee, payable for submitting your LLC’s Articles of Organization through the online platform of the New Mexico Secretary of State.

Here’s the LLC Cost Guide for all US States:

New Mexico Foreign LLC Formation Costs

If you possess an existing LLC registered in a different state and intend to extend your business operations to New Mexico, you must undergo the process of registering your LLC as a foreign entity in the state. This involves submitting a Foreign Limited Liability Company Application for Registration and incurring a fee of $100 for the registration of the foreign LLC in New Mexico.

Annual Cost for LLCs in New Mexico

Creating and upkeeping a New Mexico Limited Liability Company (LLC) involves financial considerations that require attention for effective financial management. These encompass costs like the annual expense of a registered agent service, which can be around $125 if outsourced, although you can opt to fulfill this role yourself at no charge. Notably, the state does not impose any annual compliance fees, providing some relief in this aspect.

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How Much Does It Cost to Start an LLC in New Mexico With the Best LLC Service? 

ZenBusiness LLC Formation Cost

The initial fee for filing an LLC in New Mexico starts at $50 and may vary depending on additional services. The standard processing period typically spans 2 to 3 weeks, but for an additional fee of $50, you can accelerate the processing to 8 to 10 days. Alternatively, a rush option is available, reducing the timeline to 5 to 6 days for a fee of $100.

ZenBusiness provides a selection of three pricing tiers for their LLC formation services: Starter, Pro, and Premium. 

  • Starter package: The, tailored for fundamental business formation requirements, bears no cost apart from state fees. 
  • Pro plan: This encompasses supplementary benefits such as expedited filing and registered agent service, priced at $199 plus state fees. 
  • Premium plan: The offering of the most extensive array of features not only includes everything from the Pro plan but also introduces unlimited Worry-Free Compliance aids in maintaining adherence to both state and federal regulations. This comprehensive package is available for $349 in addition to state fees. 

As an added incentive, ZenBusiness includes a complimentary year of Worry-Free Compliance with the purchase of any of these plans.

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Additional Costs When Starting an LLC in New Mexico

New Mexico LLC Name Costs

Selecting a name for your New Mexico LLC is devoid of any cost, amounting to $0. The New Mexico Secretary of State does not mandate the submission of a Name Reservation or any analogous documentation. Approval of your LLC name, incurring no additional charges, coincides with the endorsement of your Articles of Organization. 

To secure your desired name for a span of 120 days before the actual formation of your LLC, it’s requisite to submit an Application for Reservation of a Domestic Limited Liability Company Name, accompanied by the stipulated $20 filing fee.

New Mexico Registered Agent Costs

When establishing your LLC in New Mexico, it’s essential to adhere to the state’s requirement of designating a registered agent.

A registered agent, whether an individual or an entity, is tasked with receiving legal papers, also known as “Service of Process,” in situations where your LLC becomes a party to a legal case. Opting for yourself or a known associate as your LLC’s registered agent incurs no extra charges. This choice maintains your LLC’s compliance with the requirement.

Alternatively, the decision to employ a Commercial registered agent involves an annual cost of approximately $125. Such a selection becomes particularly prudent if:

  • You lack a physical address within the state, which is a prerequisite according to New Mexico law
  • Your aim is to shield your personal address from public records. Depending on the chosen company, you might utilize their address throughout your entire LLC filing process, affording you added privacy

Irrespective of your chosen registered agent for your New Mexico LLC, you won’t be subjected to a registered agent fee when indicating that person or entity in your LLC formation documentation.

New Mexico Operating Agreement Costs

A New Mexico LLC Operating Agreement represents a documented agreement among the members of the LLC. Within this agreement, intricate details concerning ownership, the management structure of the LLC, as well as the procedure for profit allocation are comprehensively outlined.

Both single-member and multi-member LLCs are advised to formulate an Operating Agreement. This document should be maintained within the repository of business records and furnished with a copy for each respective member.

While a multitude of online platforms typically demand fees ranging from $50 to $200 for the provision of LLC Operating Agreements, the New Mexico variant is available without any associated cost.

New Mexico EIN Cost

Obtaining an EIN Number, which is synonymous with an Employer Identification Number (EIN) or Federal Tax ID Number (FEIN), is essential for an LLC in New Mexico. Despite various websites offering to assist with acquiring an EIN for your LLC at a fee, it’s important to note that obtaining an EIN from the IRS is entirely free of charge ($0).

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New Mexico LLC Taxes

Numerous categories of taxes specific to New Mexico LLCs require payment by LLC owners, including:

Federal Income Taxes

The Internal Revenue Service (IRS) offers several options for the tax treatment of your Limited Liability Company (LLC). In the case of Single-Member LLCs, the IRS categorizes them as Disregarded Entities for tax purposes. This means that the LLC itself isn’t required to file a federal income tax return. 

Instead, the owner of the Single-Member LLC is responsible for filing the return and paying the federal income taxes associated with it. The way the LLC pays federal income tax depends on the ownership structure: If an individual owns the LLC, the taxation resembles that of a Sole Proprietorship. 

On the other hand, if the LLC is owned by another company, it’s treated as a branch or division of the parent company for tax purposes.

Multi-Member LLC Taxes

In the case of an LLC with multiple owners, it’s treated as a Partnership for tax purposes. This involves filing a 1065 Partnership Return with the IRS and providing a Schedule K-1 to each of the LLC’s owners. The Schedule K-1 outlines each owner’s distributive share of the profits generated by the LLC. 

The income reported on the K-1 is then “passed through” to the individual owners. Subsequently, each owner is responsible for paying their share of income taxes on their personal income tax return (Form 1040).

Husband and Wife LLC Taxes

In states where community property laws apply, such as New Mexico, a husband and wife who operate an LLC have the option to choose between tax classifications. They can either opt for the Single-Member LLC status, also known as a Qualified Joint Venture, or the Multi-Member LLC status. The choice of taxation affects how the LLC’s income is reported and taxed. 

If the LLC chooses the default Multi-Member LLC status, it will be treated as a Partnership for tax purposes. However, if the Single-Member LLC status is chosen, the LLC’s income will be reported on the owners’ joint tax return.

Electing Corporate Taxation

Beyond the default tax classifications mentioned above, an LLC can also elect to be taxed as a Corporation. This decision involves two main options: S-Corporation and C-Corporation. 

To be treated as an S-Corporation, the LLC must file Form 2553 with the IRS. This can provide potential tax benefits for businesses with established profits by reducing self-employment taxes. However, this election should generally be considered after the business has gained stability and consistent revenue. 

Alternatively, by filing Form 8832, an LLC can choose to be taxed as a C-Corporation. This decision might be made to gain advantages related to healthcare fringe benefits, primarily relevant to larger employers.

New Mexico State Income Tax

For Single-Member LLCs in New Mexico, the LLC itself is typically not required to file a state-level return. Instead, the owner includes the profits or losses of the LLC on their personal state-level tax return. 

On the other hand, Multi-Member LLCs in New Mexico may need to file a Partnership return at the state level, and each owner includes their share of the LLC’s profits or losses on their individual state tax return. It’s worth noting that specific industry-related taxes may apply to certain types of businesses operating in New Mexico.

Pass-through Entity Tax

New Mexico provides the option of a Pass-through Entity Tax (PET) for specific businesses. Opting for PET allows an LLC to be taxed at the entity level rather than at the individual level. This election is voluntary, and businesses wishing to choose this option need to file Form PTE NM with the New Mexico Taxation & Revenue Department.

Local Income Tax

Local municipalities in New Mexico may impose income taxes on both the LLC and its owners. It’s recommended to seek guidance from an accountant or directly contact the respective municipality to understand the local income tax requirements.

New Mexico Sales Tax

Unlike most states, New Mexico does not have a traditional state-wide sales tax. Instead, it employs a Gross Receipts Tax that applies to various business activities. 

If your business activities fall under the Gross Receipts Tax, your LLC must register for this tax using the Business Tax Registration Application through the New Mexico Taxation & Revenue Department’s Taxpayer Access Portal. Keep in mind that this tax is different from conventional sales tax.

New Mexico LLC Payroll Taxes

If your New Mexico LLC has employees, you’re obligated to manage and submit payroll taxes. Payroll taxes encompass a range of taxes and filings, including federal and state income tax withholding, Social Security tax, Medicare tax, federal and state unemployment taxes, local/county deductions, and employee deductions. 

Setting up payroll and ensuring accurate tax withholding and filing can be intricate and may lead to penalties if not done correctly. While it’s possible to handle payroll taxes independently, many individuals prefer to engage a payroll company or consult an accountant to navigate these complexities effectively.

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New Mexico LLC Cost FAQs

How Much Does It Cost to Open an LLC in New Mexico?

Establishing an LLC in New Mexico carries a starting cost of $50, encompassing the one-time fee for filing the Articles of Organization. However, the necessity of obtaining a business license is contingent on your LLC’s specific industry and location within the state, leading to variable expenses for local business permits.

How Much Does an LLC in New Mexico Cost Per Year?

The annual cost for maintaining an LLC in New Mexico is $0, as there are no mandatory annual filing fees or reports. Nonetheless, supplementary expenses linked to operating an LLC encompass the necessity for a registered agent whose service costs about $125 per year. 

It’s advisable to procure business insurance to safeguard personal assets in potential legal scenarios, with pricing contingent on business type and coverage requirements. 

Furthermore, potential costs could arise from obtaining licenses and permits from state or local authorities, the extent of which varies depending on the nature of the business.

Should I Hire an LLC Formation Service?

While it’s not mandatory to employ a professional service to set up your New Mexico LLC, you can choose to handle the formation process on your own. However, for those aiming for efficiency and accurate filing, it’s recommended to consider the assistance of ZenBusiness

They have a history of outstanding customer support and offer free registered agent services for the first year. They also provide extra features such as crafting an Operating Agreement and managing Annual Report submissions.

Conclusion

To conclude, establishing an LLC in New Mexico involves a financial framework that reaches beyond the initial registration cost. Navigating this process involves obtaining necessary documentation, engaging registered agents, and effectively handling key aspects such as operating agreements and obtaining an EIN. 

The proficient management of these financial aspects is crucial, and this is where the specialized assistance of LLC services such as ZenBusiness becomes invaluable. 

Equipped with insights into these diverse expenses and bolstered by the support of ZenBusiness, prospective entrepreneurs can embark on their New Mexico LLC journey with a sense of assurance and readiness.

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About the author

Dr. Alexander Sterling, Esq, a distinguished legal scholar with a business law degree and a Doctor of Juridical Science, is a leading expert in business registration and diverse business departments. Renowned for his academic excellence and practical insights, Dr. Sterling guides businesses through legal complexities, offering invaluable expertise in compliance, corporate governance, and registration processes.

As an accomplished author, his forthcoming book is anticipated to be a comprehensive guide for navigating the dynamic intersection of law and business, providing clarity and practical wisdom for entrepreneurs and legal professionals alike. With a commitment to legal excellence, Dr. Alexander Sterling, Esq, is a trusted authority dedicated to empowering businesses within the ever-evolving legal landscape.