The short answer: Yes, you can form a New Mexico LLC from anywhere. It costs $50 to file with the New Mexico Secretary of State and $0 a year in state fees after that. You'll need a New Mexico registered agent, a free EIN from the IRS and, if you're the only owner, a Form 5472 every year.
New Mexico numbers at a glance
| Formation document | Articles of Organization |
|---|---|
| Filing fee | $50 ($50 plus a variable credit card convenience fee. 100% online mandate.) |
| Yearly state filing | None required |
| Processing | Online: 1 to 3 business days. Expedite: No expedited options available |
| State taxes | No franchise taxes or annual LLC privilege fees to SOS. Must register for Gross Receipts Tax (GRT). Pass-through income taxed at standard state personal brackets. |
| Out-of-state LLCs registering here | Certificate of Registration: $100 |
Why foreign owners choose New Mexico
- No annual or biennial report to the Secretary of State, so there's no yearly state filing to miss.
- Member and manager names aren't required on the Articles of Organization.
- Filing is online only and usually takes one to three business days.
- No franchise tax or annual LLC fee to the Secretary of State.
What to watch out for
- Filing is 100% online, and New Mexico doesn't offer expedited processing.
- If your LLC does business in New Mexico, it must register with the Taxation and Revenue Department for gross receipts tax.
- No annual report also means no yearly reminder. Keep your registered agent current, because that's how the state and courts reach you.
- Some banks and payment companies ask for proof of good standing or ownership. With no owners on the public record, keep your operating agreement signed and ready.
Forming a New Mexico LLC from abroad
- Check the name against the New Mexico business search and include "LLC" or "Limited Liability Company."
- Hire a New Mexico registered agent. You can't use your own foreign address. New Mexico agent rules.
- File the Articles of Organization with the New Mexico Secretary of State and pay $50.
- Sign an operating agreement showing you own 100% (or each member's share).
- Get your EIN by calling the IRS at 267-941-1099 or faxing Form SS-4. On line 9a, write "Foreign-owned U.S. disregarded entity-Form 5472" if you're the only owner. Step-by-step EIN guide.
- Open a business account with a provider that accepts your country. Bank options.
- Each year: no New Mexico report, but keep your agent current, plus Form 5472 by April 15.
Doing it yourself or with a service
You can file directly with the New Mexico Secretary of State and pay only $50, plus a registered agent. A formation service files for you and serves as the agent. Northwest charges $39 plus the state fee with the first agent year included, then $125 a year. Bizee Basic is $0 plus the state fee with a free first agent year, then $149 a year. Prices checked on each provider's site on November 1, 2026. Neither fee covers your yearly Form 5472.
Non-resident owners should read what customers report about EIN timelines before paying for EIN help. Our summary of non-US customer experiences covers both.
Questions people ask
Can a non-US resident form an LLC in New Mexico?
Yes. New Mexico doesn't require LLC owners to be US citizens or residents. You need a registered agent with a physical New Mexico street address and you pay the $50 filing fee to the New Mexico Secretary of State.
How much does a New Mexico LLC cost for a foreign owner?
The state charges $50 to file and $0 a year after that, based on our latest check. Add a registered agent service, since you can't serve as your own agent from abroad. The EIN from the IRS is free.
Does a New Mexico LLC owned by a non-resident pay US tax?
New Mexico's own taxes are covered on this page. Federal tax depends on whether the income is effectively connected with a US trade or business. Either way, a single-member LLC owned by a foreign person files Form 5472 with a pro forma Form 1120 each year it has reportable transactions with its owner.
Do I need to visit New Mexico to form the LLC?
No. You file with the New Mexico Secretary of State online or by mail, get your EIN from the IRS by phone or fax, and many banking providers verify identity remotely.
Does a New Mexico LLC need to file a BOI report?
No. Under FinCEN's final rule effective August 14, 2026, companies created in the United States are exempt from beneficial ownership reporting, whoever owns them.
Sources
- New Mexico Secretary of State: Business filing portal
- New Mexico Taxation and Revenue Department: Business registration
- SOS Enterprise
- Bernalillo County
- IRS: Instructions for Form SS-4 (EIN application, international applicants)
- IRS: Instructions for Form 5472 (Rev. December 2024)
- FinCEN: Beneficial ownership information (final rule, August 11, 2026)
Provider prices change often, so confirm at checkout. State fees come from our state-by-state cost table.