New Mexico LLC formation cost

New Mexico LLC formation cost

New Mexico LLC formation costs $50 in state filing fees, and the Secretary of State currently collects no annual or biennial report fee from LLCs. A 2023 bill that would have added a triennial report, House Bill 281 (2023 session), did not pass either chamber and never took effect, so no such requirement is currently in force. Confirm current status before assuming this hasn't changed, since the Legislature meets annually and a separate, unrelated House Bill 281 was introduced in the 2025 session on a different topic.

Most of what you will actually spend sits outside the state fee: a registered agent if you hire one, professional help if your ownership structure calls for it, tax registration if your business has New Mexico tax obligations, and a municipal business license in cities such as Albuquerque and Santa Fe.

Required New Mexico LLC formation costs

The $50 fee is the only charge New Mexico requires for a basic LLC formation; additional statutory fees apply only if you request certified copies, certificates, expedited service, or other optional filings. A registered agent is required, but any fee for one goes to a private provider, and you can serve as your own agent at no cost if you live in the state.

Section 53-19-63 sets the fee, New Mexico requires filing through the Secretary of State's online Business Filings portal, and Section 53-19-5 plus Section 53-19-8(B) require a physical New Mexico street address for the agent. Businesses with applicable New Mexico tax obligations may also need to complete Taxation and Revenue registration on Form ACD-31015; no fee is listed on the current version of that form.

Required cost

Amount

Notes

State filing fee

$50

Set by Section 53-19-63(A); filed through the SOS's online Business Filings portal

Registered agent

$0 (self) / $100 to $300 per year

Physical New Mexico street address required under Section 53-19-5 and Section 53-19-8(B); P.O. boxes do not qualify

Operating agreement

No state fee

Not filed with the state; drafting is included in the attorney flat fees below

Optional formation costs

Beyond the $50 state filing fee and the registered agent requirement, most remaining costs are optional or situational. Tax registration, gross receipts tax obligations, and local licensing depend on where and how you do business, so they are not universal state LLC-formation charges, and the largest variable most owners control directly is whether they pay a professional to handle the paperwork.

  1. Professional services

Attorney flat fees for LLC formation are commonly estimated in the $500 to $2,500 range in market pricing guides, with $1,000 to $1,500 the typical midpoint for a straightforward LLC. Multi-member LLCs with custom agreements are often estimated higher, in the $3,000 to $5,000 range. These are market estimates rather than figures from an official source, so treat them as a planning range.

Accountant costs track how the LLC is taxed and how complex the return is. Costs generally run from a few hundred dollars for a simple single-member return to well over $1,000 for a multi-member partnership return; ask a New Mexico-licensed preparer for a current quote rather than relying on a national average.

Online business formation services sit between DIY and hiring a lawyer, generally ranging from $0 to a few hundred dollars above state fees depending on the provider and package. These services become valuable when you need privacy, professional guidance, or specialized assistance.

  1. Additional filings

Situational state fees are small, and one fee that older cost guides list does not apply in New Mexico.

  • Name reservation: $20 under Section 53-19-63(H), for a hold typically cited as 120 days under Section 53-19-4

  • Certified copies and certificates: $10 per document plus $25 for certification under Section 53-19-63(G), and $25 for issuing a certificate for any purpose not otherwise specified under Section 53-19-63(E); confirm the total shown at checkout

  • EIN: free from the IRS and issued immediately online; form the LLC first

  • DBA registration: New Mexico does not require state-level trade name registration for an LLC. Some counties or cities apply their own assumed-name or local licensing rules, so confirm locally if you plan to operate under a different name; the $25 county fee some guides list does not apply statewide

Ongoing annual costs

New Mexico's corporate franchise tax does not apply to a standard pass-through LLC; that's separate from gross receipts tax, withholding, or state income tax obligations, which may still apply depending on your business activity.

  • Annual report: No LLC periodic report currently appears on the SOS portal, and the biennial report under Section 53-5-2 applies only to corporations. The 2023 proposal to add a triennial LLC report, House Bill 281, was not enacted, so as of this writing no periodic-report law is in force; check current New Mexico LLC annual report guidance before assuming otherwise, since this can change from one legislative session to the next.

  • Franchise tax: None for a standard pass-through LLC. The Taxation and Revenue Department charges $50 a year on corporations, including an LLC that elects C-corp or S-corp treatment, filed on Form CIT-1.

  • Registered agent: Typical commercial service pricing runs $100 to $300 annually.

  • Local business licenses: Albuquerque's annual fee is $36.75 as of July 1, 2026 (up from $35 when the city moved from a "business registration" to a "business license" on July 1, 2025), and a $10 per calendar day late fee applies to a missed renewal. Santa Fe's business license fee schedule lists a $35 base registration fee, with additional inspection-based or out-of-jurisdiction fees depending on business type and location.

Simplify New Mexico LLC formation with Discern

New Mexico keeps formation simple on paper, but a $50 filing fee is only the first of several moving pieces: a registered agent that has to stay current, tax registration to track separately if it applies to your business, and a cost picture that shifts the moment you add a professional service or a municipal license. Discern's registered agent services cover the required New Mexico street address from the day you file, so that piece of the compliance puzzle is handled without a separate vendor to track.

For businesses managing entities in more than one state, Discern's entity management system consolidates registered agent coverage, annual report tracking, and foreign registrations onto a single dashboard, so a state-by-state patchwork of vendors and due dates does not have to be managed by hand.

Book a demo with Discern.

FAQs about LLC formation costs in New Mexico

These are the cost questions New Mexico LLC organizers ask most often.

Are there any hidden fees when forming an LLC in New Mexico?

State-level filing costs include the $50 articles-of-organization filing fee and the itemized filing, service, and copying charges in Section 53-19-63. The surprise for most owners is municipal licensing, which cities such as Albuquerque and Santa Fe charge separately and can change year to year.

Can I get a refund if my filing is rejected?

New Mexico's fee statute doesn't address refunds for a rejected filing. Budget as if the $50 is non-refundable, and confirm the Secretary of State's current policy directly if this matters for your timeline.

Can I legally avoid registered agent fees?

Yes. Any New Mexico resident can serve as registered agent under Section 53-19-5(A)(2)(a), and the articles must list a street address for the registered office under Section 53-19-8(B). That provision does not specify required office hours.

Updated on

2026-09-09

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Look at Discern on your own and see everything that Discern can do before scheduling a demo. No humans required.

Learn more about Discern

Look at Discern on your own and see everything that Discern can do before scheduling a demo. No humans required.