How to Apply
- Online: portal.sos.state.nm.us
How to Form an LLC
1. Find a Business Name
- Business Search: portal.sos.state.nm.us
Use the New Mexico Business Search Tool to check whether your desired LLC name is available. If no other businesses are currently using that name, the words “No data found” will appear after you click search.
The name of your business must contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.”, “LLC”, “L.C.” or “LC.” The word “limited” may be abbreviated as “ltd.” and the word “company” may be abbreviated as “co.”[1]
2. Select a Registered Agent
Every limited liability company is required to appoint and maintain a registered agent for service of process. The agent must be an individual who is a resident of New Mexico or a business entity that operates out of the registered office and is authorized to do business in the state.[2]
3. Register the LLC
Go to portal.sos.state.nm.us to access the state’s online filing system.
Create an account by entering your name, address, phone number, email address, and a username.
From the dropdown menu under Corporations, select “Domestic LLC Formation.”
In the allotted box, enter your business name ending with “LLC” or “Limited Liability Company.”
Indicate the duration of your business and what your business will be for.
Create a profile for your registered agent by entering their name and address. Then provide a contact email for your business as well as an address for the principal place of business.
Indicate whether your LLC will be run as a manager or member structure. Add their information as necessary.
Add organizer information by providing their name and address. Then upload a completed Statement of Registered Agent Acceptance. You will then be prompted to review and certify your application.
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
It is required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating your business.
5. Write an Operating Agreement
While LLCs in New Mexico are not mandated to create operating agreements, it is still recommended that one be created to help facilitate the business’s internal operations.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
Below are the most common types of LLC tax classification:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” which means all profits are taxed as income for the members/owners.
- S-Corporation – All business profits and losses are sent to the shareholders, who must pay income tax. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – All business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.