Business

Forming an LLC in New Mexico — Hispanic entrepreneur guide

How to form an LLC in New Mexico: formation fee ($50), annual fee ($0 — no annual report (Series LLC available)), process, comparison.

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The New Mexico State Capitol in Santa Fe.

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Forming an LLC in New Mexico

Why New Mexico

$50 + $0 — one of the lowest-cost states
Hispanic plurality ~50% del estado
Acepta ITIN
Series LLC disponible

Key facts

Item	Information
Formation fee	$50
Annual fee	$0 — no annual report (Series LLC available)
Accepts ITIN	✅ Yes
Registered Agent	✅ Required

Process

Unique name + “LLC”
Registered Agent in New Mexico
Articles of Organization ($50)
Operating Agreement (internal)
EIN from IRS (free)
Business bank account

Official platform: New Mexico Secretary of State

Last verified: 2026-07-11.

State services and resources in New Mexico

Where to register your LLC in New Mexico

The New Mexico Secretary of State, Business Services Division handles LLC registrations. Generally accepts filings:

Online (fastest)
By mail
In person, where the office offers it

The steps that are the same in every state — EIN, business bank account, annual report, estimated taxes, ITIN ownership and the common errors — are maintained once, on the LLC formation hub.

New Mexico-specific resources

New Mexico Secretary of State, Business Services Division — LLC filings and business search
New Mexico Taxation and Revenue Department (TRD) — state business taxes
SCORE (Service Corps of Retired Executives) — free small business mentoring
SBA (Small Business Administration) — free counseling via SCORE and SBDC, open to everyone. ⚠️ SBA loans (7(a), 504, microloans) are closed to non-citizen owners since March/April 2026 — including green-card holders. See who can still use each SBA program and the CDFI lenders that do accept an ITIN.

Last verified: 2026-07-11.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
ITIN-friendly business banking — checking accounts that open without an SSN
USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
State income tax obligations — business taxes vary by state
Find an immigration attorney — for complex investor or work-visa cases tied to your LLC

Frequently asked questions

Do I need SSN to form an LLC in New Mexico?

NO. You can form an LLC in New Mexico using ITIN or just passport number. After, to open a bank account for the LLC, you’ll need EIN (free Federal Tax ID from IRS, NO SSN required) and possibly the holder’s ITIN.

How much does it cost to form an LLC in New Mexico?

In New Mexico, the LLC formation fee is $50. The annual fee listed on this page is $0 — no annual report (Series LLC available). Other costs: a registered agent (free if you serve as your own agent with a New Mexico address; otherwise a yearly commercial fee), an operating agreement (free if you draft it yourself), and any annual report or franchise fee. The EIN is free from the IRS.

Better to form LLC in New Mexico or in Wyoming/Delaware?

If your business operates in New Mexico, cheapest is forming LLC in New Mexico. If you operate in another state but register the LLC in Wyoming/Delaware, you must register as ‘foreign LLC’ in your operating state — paying both fees. Wyoming/Delaware only makes sense for passive LLCs (rentals, investments, holding companies).

Does my New Mexico LLC pay taxes?

By default, single-member LLC is ‘disregarded entity’ (taxes flow through to owner via Schedule C). Multi-member LLC treated as ‘partnership’ (Form 1065). You can elect S-Corp or C-Corp taxation via Form 2553/8832. Consult CPA with ITIN experience.

The rules change. Hear about it first.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.