Fees & Requirements for Your New Mexico LLC

Some types of businesses have different requirements in New Mexico, including related licenses, fees and filing requirements. Your LLC needs to pay various fees to the federal government, the New Mexico government and other agencies. Some of these fees are levied by the New Mexico Secretary of State or statewide organizations, while others come from the federal government. On this page, we’ve summarized the most common fees and requirements.

Note that New Mexico business licenses and permits might need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

LLC Incorporation Filing and Fees

To create your business in New Mexico, you’ll file an LLC with the NM Secretary of State and pay an associated LLC formation fee. Every state has different LLC filing fees and filing times. Here is the current information for New Mexico:

When you form your LLC through Incfile, we automatically forward this fee to the New Mexico Secretary of State when we file your incorporation paperwork.

Some states allow you to form your LLC more quickly by paying a rush fee. You can compare state filing times and fees here, including expedited fees for New Mexico.

Incorporate your New Mexico LLC through Incfile today

Getting an EIN/Tax ID for Your New Mexico LLC

Every New Mexico LLC should have a unique Employer Identification Number (EIN). These are provided by the Internal Revenue Service, and you use them when filing taxes, opening a business bank account and paying employees. You can get one yourself at no cost from the IRS or have Incfile obtain one on your behalf.

Get an EIN for your New Mexico LLC through Incfile

Foreign Qualification to Operate in a State Outside New Mexico

If you’re expanding your New Mexico LLC beyond the borders of the state, you will need a Foreign Qualification or Certificate of Authority to operate in another state. These are typically necessary if you have a physical presence, employees or banking in a different state than New Mexico. Fees and requirements for foreign qualifications depend on each state’s rules. Incfile provides a complete Foreign Qualification service for any state.

Get a Foreign Qualification/Certificate of Authority through Incfile

Annual Reporting and Fees for Your New Mexico LLC

Most states need to file an annual (or other periodic) report with their department of state. When you file your NM LLC annual report, you may need to pay a fee. Here are the annual filing requirements for New Mexico:

Incfile can also complete and file your New Mexico annual report on your behalf.

Incfile’s New Mexico Annual Report Filing service

New Mexico Business Permits and Licenses

Some New Mexico LLCs will need certain business licenses and permits from federal, state and regional organizations. These permits and licenses will have associated fees that you should pay on a one-off or regular basis. Permits and licenses vary based on:

• The industry your New Mexico LLC operates in (e.g., restaurants will need health permits)
• The location of your New Mexico LLC (state, county or city) (e.g., a license to conduct business from the city of Pittsburgh)
• The type of business that you run (e.g., healthcare providers must meet HIPAA requirements)

You can research these permits and licenses yourself or use Incfile’s Business License Research Package, which includes:

The Incfile Business License Research Package for Your New Mexico LLC

Our Business License Research Package tells you about all of the licenses and permits you will need for your New Mexico LLC. It includes:

• A complete report on all the licenses, permits and tax registrations your New Mexico LLC will need
• The application forms you will need to file with the New Mexico, regional and federal licensing authorities

Remember that operating your business without the required licenses can expose you to risks and fines from federal, New Mexico and local governments.

Incfile’s New Mexico Business License Research Package

Create an Operating Agreement for Your New Mexico LLC

An Operating Agreement is a business document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas.

New Mexico LLCs aren’t required to have an Operating Agreement, but they are extremely useful for several reasons (learn about them here). If you’re interested in having your Operating Agreement created for you, Incfile can draft a general Operating Agreement template when you choose to form your New Mexico business. You can choose to make changes to the template based on your unique requirements.

Ad Hoc New Mexico Fees or Requirements for Your New Mexico LLC

There are several other fees or requirements that you may need to meet during the life of your New Mexico LLC. These ad hoc fees will only be payable in specific circumstances, which we’ve listed below.

To Obtain a Fictitious/DBA Name

If you want your business to trade under a different name, you can file a form with the New Mexico Secretary of State. You will need to pay a filing fee. Incfile can file this form on your behalf.

Incfile’s New Mexico Fictitious Name service

To Change the New Mexico Registered Agent

Your New Mexico LLC needs a Registered Agent, which must be appointed when you first incorporate your LLC. You can also switch to a new Registered Agent later. Incfile provides a complete New Mexico Registered Agent service.

Incfile’s New Mexico Registered Agent service

To Reserve a Name

If you don’t want to form your business right away, you can reserve a name with the New Mexico Secretary of State. You will need to pay a small fee to do this.

To Amend Certain Facts About Your New Mexico LLC

Your business formation documents state certain facts about your New Mexico business when it was originally formed. Over time, these facts might change — if they do, you need to file “Articles of Amendment” with the Secretary of State. You can do this yourself or have Incfile complete the filing on your behalf.

Areas you might want to file New Mexico Articles of Amendment for include:

• Adding, removing or changing a New Mexico LLC member or manager
• Changing the business address of your LLC
• Altering the stated business activities of your New Mexico LLC

Incfile’s New Mexico Articles of Amendment service

To Get a Certificate of Good Standing

Some organizations will request that you prove your New Mexico LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you will need a “Certificate of Good Standing” from the New Mexico Secretary of State. Incfile can obtain a certificate on your behalf.

Incfile’s New Mexico Certificate of Good Standing service

The fees listed above detail all the charges that a standard New Mexico LLC will be required to pay. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your New Mexico LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes, but we will cover that when we talk about taxes for New Mexico LLCs.

FAQs About New Mexico LLC Requirements

What Happens to the State Fees That I Am Charged When Forming My New Mexico LLC?

We charge you for this fee at cost and then pay the fee to the secretary of state on your behalf when forming your New Mexico business.

Do I Need to Pay an Annual Report Fee Every Year?

Yes. Most states, including NM, require you to file a report for your LLC every year. You can find out more on the compliance page for your state.

Who Will I Need to Get Business Licenses and Permits From for My New Mexico LLC?

It depends on various factors including:

• The type of business you run
• Where you are located
• Governing organizations in your industry
• Federal, state and local regulations

That’s why our business license research package is so useful. It explores all of these areas for you and provides a comprehensive overview of exactly what your New Mexico LLC needs to be compliant.