How to Start an LLC in New Mexico

Starting an LLC in New Mexico Is Easy With These 5 Steps

STEP 1: Name your New Mexico LLC

Choosing a company name is the first and most important step of forming a New Mexico LLC. Be sure to choose a business name that complies with New Mexico naming laws and requirements and is easily searchable by potential business clients.

1. Follow the naming guidelines for your New Mexico LLC:

• Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
• Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
• Restricted words (e.g. Bank, Attorney, University) may require additional legal paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.

2. Is the name available in New Mexico? Make sure the business name you want isn't already taken by doing a name search on the State of New Mexico's website.

To learn more about searching for a New Mexico LLC name, read our full guide.

3. Is the URL available? We recommend that you check to see if your business name is available as a web domain. Even if you don't plan to make a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Now that you have verified your name and secured the URL you may select a professional service to complete the LLC formation process for you. We recommend using a professional service:

• Northwest ($29 + State Fees)

STEP 2: Choose a New Mexico LLC Registered Agent

You are required to nominate a New Mexico registered agent for your New Mexico LLC.

What is a Registered Agent? A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business's point of contact with the state.

Who can be a Registered Agent? a Registered Agent must be a resident of New Mexico or a corporation, such as a registered agent service, authorized to transact business in New Mexico. You may elect an individual within the company including yourself.

Recommended: Northwest provides the first year of registered agent service free with LLC formation ($29 + State Fees)

STEP 3: File the New Mexico LLC Articles of Organization

To register your New Mexico LLC, you'll need to file the Articles of Organization with the New Mexico Secretary of State. You can apply online. Additionally, you must file a Statement of Acceptance of Appointment by Designated Initial Registered Agent, which your registered agent must sign.

Now is a good time to determine whether your LLC will be member-managed vs. manager-managed.

For help with completing the form, visit our New Mexico Articles of Organization guide.

If you’re expanding your existing LLC to the state of New Mexico, you will need to form a Foreign LLC.

STEP 4: Create a New Mexico LLC Operating Agreement

In New Mexico, LLCs are not required to have an operating agreement, but it's a good practice to have one.

What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our New Mexico LLC operating agreement guide.

STEP 5: Get an EIN

What is an EIN? EIN stands for Employer Identification Number. EINs are a nine-digit number assigned by the Internal Revenue Service (IRS) to help identify businesses for tax purposes. It is essentially a Social Security Number for a business.

An EIN is sometimes referred to as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN).

Why do I need an EIN? An EIN is required to:

• Open a business bank account
• File and manage Federal and State Taxes
• Hire employees

What if I already have an EIN for my sole proprietorship? The IRS requires that sole proprietorships get a new EIN when converting to an LLC.

Where do I get an EIN? You can get an EIN for free from the IRS. Getting an EIN is an easy process that can be done online or by mail.

FOR INTERNATIONAL EIN APPLICANTS: You do not need a SSN to get an EIN. For more information, read our How to Get an EIN as a Foreign Person guide.

Frequently Asked Questions

Important Steps After Forming an LLC

Separate Your Personal and Business Assets

When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your New Mexico LLC is sued. In business law, this is referred to as piercing the corporate veil.

You can start protecting your LLC in New Mexico with these steps:

1. Opening a business checking account:

• Separates your personal assets from your company's assets, which is necessary for personal asset protection.
• Makes accounting and tax filing easier.

Need help finding your EIN for your bank application? Visit our EIN Lookup guide for help.

Recommended: Read our Best Banks for Small Business review to find the best national bank, credit union, business-loan friendly banks, one with many brick-and-mortar locations, and more.

2. Getting a business credit card:

• Helps categorize and separate all business expenses for end-of-year tax purposes.
• Helps build your business credit score — an essential step toward getting a line of credit or business loan in the future. 
• Allows you to keep track of department expenses by issuing multiple cards (with multiple budgets) to your employees.

For a closer look at business credit cards and their benefits, check out our review of the best small business credit cards.

3. Hiring a business accountant:

• Prevents your business from overpaying on taxes while helping you avoid penalties, fines, and other costly tax errors
• Makes bookkeeping and payroll easier, leaving you with more time to focus on your growing business 
• Manages your business funding more effectively, discovering areas of unforeseen loss or extra profit

Recommended: Find out how much you could be saving today by trying our recommended accounting service.

For more business accounting tools, read our guide to the best business accounting software.

Get Business Insurance for Your New Mexico LLC

Business insurance helps you manage risks and focus on growing your business. The most common types of business insurance are:

• General Liability Insurance: A broad insurance policy that protects your business from lawsuits. Most small businesses get general liability insurance.
• Professional Liability Insurance: A business insurance for professional service providers (consultants, accountants, etc.) that covers claims of malpractice and other business errors.
• Workers' Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In New Mexico, businesses with three or more employees, including LLC members and corporate officers, are required by law to have workers' compensation insurance.

Read our review of the best small business insurance companies.

Create Your Business Website

Creating a website is an important step in legitimizing your business. Every business needs a website if you want your customers to find you.

Send Out a Press Release

Press releases are among the easiest and best ways to promote your business. They are also one of the most cost-effective strategies as they:

• Provides publicity
• Establish your brand presence on the web
• Improve your website’s search engine optimization (SEO), driving more customers to your website
• Are a one-time cost in terms of effort and money
• Have long-lasting benefits

Keep Your Company Compliant

New Mexico Business Permits & Licenses

Do I need business licenses and permits?

To operate your LLC you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.

The details of business licenses and permits vary from state to state. Make sure you read carefully. Don't be surprised if there are short classes required as well.

Fees for business licenses and permits will vary depending on what sort of license you are seeking to obtain.

Find out how to obtain necessary licenses and permits for your business or have a professional service do it for you:

• Business License Guide: Use our detailed New Mexico Business License guide.
• Federal: Use the U.S. Small Business Administration (SBA) guide.
• State: Use New Mexico's Regulation & Licensing Department website.
• Local: Contact your local county clerk and ask about local licenses and permits.

New Mexico LLC Tax Filing Requirements

In order to keep your business in good standing, it's important to stay up to date on your New Mexico LLC taxes.

Depending on the nature of your business, you may be required to register for one or more forms of state tax.

Gross Receipts Tax

Most businesses are required to register for New Mexico's Gross Receipts Tax, which is similar to a sales tax.

If you are selling a physical product, you’ll typically need to register for a seller's permit through the New Mexico Taxation & Revenue website.

This certificate allows a business to collect a gross receipts tax on taxable sales.

Read our New Mexico sales tax guide to find out more.

Employer Taxes

If you have employees in New Mexico, you will need to register for Unemployment Insurance Tax through the New Mexico Department of Workforce Solutions. You will also need to sign up for Employee Withholding Tax through the New Mexico Department of Taxation and Revenue website.

Federal LLC Tax Filing Requirements

Most LLCs will need to report their income to the IRS each year using:

• Form 1065 Partnership Return (most multi-member LLCs use this form)
• Form 1040 Schedule C (most single-member LLCs use this form)

How you pay yourself as an owner will also affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.

Avoid Automatic Dissolution

LLCs may face fines and even automatic dissolution when they miss one or more state filings. When this happens, LLC owners risk the loss of limited liability protection. A quality registered agent service can help prevent this outcome by notifying you of upcoming filing deadlines and by submitting reports on your behalf.

Hiring Employees

If you plan to hire employees, stay compliant with the law by following these steps:

• Verify that new employees are able to work in the US
• Report employees as "new hires" to the State
• Provide workers' compensation insurance for employees
• Withhold employee taxes
• Print workplace compliance posters and place them in visible areas of your workspace

Find out more information at the New Mexico New Hires Directory.

Small Business Resources

Get Help Starting a Business in New Mexico

We understand that creating an LLC and getting your business up and running comes with many challenges. To help you succeed, we compiled the best local resources in every major metro area in New Mexico. You can get free assistance in the following areas:

Alamogordo | Albuquerque | Las Cruces | Roswell | Santa Fe

State of New Mexico Quick Links

• New Mexico - Start a Business
• New Mexico LLC Statutes
• Understanding New Mexico LLC Laws
• Best Registered Agent Service in New Mexico

More New Mexico LLC Information

New Mexico Foreign LLCs

Forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in New Mexico, you will need to register as a foreign LLC. This can be done by mail.

How to Obtain a Certificate of Good Standing in New Mexico

A Certificate of Good Standing verifies that your LLC was legally formed and has been properly maintained. Several instances where you might need to get one include:

• Seeking funding from banks or other lenders
• Forming your business as a foreign LLC in another state
• Obtaining or renewing specific business licenses or permits

You can order a New Mexico Certificate of Good Standing online.

How to Dissolve an LLC in New Mexico

If at any point in the future you no longer wish to conduct business with your LLC, it is important to officially dissolve it. Failure to do so in a timely fashion can result in tax liabilities and penalties, or even legal trouble. To dissolve your LLC, there are two broad steps:

• Close your business tax accounts
• File the Articles of Dissolution

When you are ready to dissolve your LLC, follow the steps in our New Mexico LLC Dissolution Guide.