New Mexico LLC for Non-Residents (2025): $50 Filing, No Annual Report
Last verified: October 2025 · Sources: New Mexico Secretary of State fee schedule, IRS Form SS-4 instructions.
Direct answer: A New Mexico LLC is a limited liability company formed under the New Mexico Limited Liability Company Act by filing Articles of Organization with the New Mexico Secretary of State. As of 2025, the online filing fee is $50, and New Mexico requires no annual report and imposes no franchise tax, making it one of the lowest-maintenance US entities. Non-residents can own 100% of a New Mexico LLC without US citizenship, a Social Security Number, or US residency. The state does not publicly disclose member or manager names, delivering strong privacy. A registered agent with a physical New Mexico address is mandatory. Formation is typically approved within 1–3 business days online. New Mexico LLCs are pass-through entities by default, so income is taxed only at the federal level for non-residents with no US-source effectively connected income.
Why Non-Residents Choose a New Mexico LLC
New Mexico has quietly become one of the most popular US states for non-resident founders because it combines three rare features: a very low filing fee, no ongoing state reporting, and strong privacy. Unlike Delaware and Wyoming, New Mexico does not require an annual report, so once your LLC is formed there is no recurring state filing to track.
- $50 online filing fee — among the lowest in the United States.
- No annual report — no recurring state paperwork or fee.
- No franchise tax — no state-level entity tax.
- Member privacy — members and managers are not listed on the public registry.
- No US residency requirement — non-residents can own 100%.
New Mexico LLC Fee Comparison (2025)
All figures below are the official state filing fees. Registered agent service is a separate private cost (typically $50–$150/year).
| Item | New Mexico | Wyoming | Delaware |
|---|---|---|---|
| Formation filing fee | $50 (online) | $100 (online) / $60 (mail) | $110 (LLC) |
| Annual report / franchise tax | None | $60 minimum annual report | $300 annual LLC tax |
| State income tax on pass-through | None | None | None |
| Member names public? | No | No | No (but managers listed) |
| Registered agent required | Yes (NM address) | Yes (WY address) | Yes (DE address) |
| Processing time (online) | 1–3 business days | 1–2 business days | 1–2 business days |
Fees verified against the New Mexico Secretary of State, Wyoming Secretary of State, and Delaware Division of Corporations 2025 schedules.
Step-by-Step: Form a New Mexico LLC as a Non-Resident
- Choose a unique name. It must include “LLC” or “Limited Liability Company” and not conflict with an existing New Mexico entity. Check availability on the New Mexico Secretary of State business search.
- Appoint a New Mexico registered agent. The agent must have a physical New Mexico street address (P.O. boxes are not accepted) to receive service of process.
- File Articles of Organization. Submit online through the New Mexico Secretary of State portal and pay the $50 filing fee. Approval is typically 1–3 business days.
- Get an EIN from the IRS. File IRS Form SS-4 to obtain an Employer Identification Number. Non-residents can apply without an SSN by fax or mail.
- Open a US business bank account. Use your EIN, Articles of Organization, operating agreement, and passport. See our US bank account without SSN guide.
- Draft an operating agreement. Not filed with the state, but banks and payment processors often request it.
New Mexico LLC vs Wyoming LLC vs Delaware LLC
New Mexico wins on cost and maintenance: $50 to form and no annual report. Wyoming offers a similar privacy profile but charges a $60 minimum annual report. Delaware is the standard for venture-backed startups raising US institutional capital, but it costs $110 to form and $300 per year in franchise tax. For a solo non-resident founder running an online business, New Mexico is usually the cheapest long-term choice. See the full Delaware vs Wyoming LLC comparison for the venture-funding angle.
Tax Treatment for Non-Resident Owners
A single-member New Mexico LLC is a disregarded entity by default, and a multi-member LLC is a partnership. Non-resident owners with no US-source effectively connected income generally owe no US federal income tax on foreign-source profits, though they must still file informational returns (Form 5472 for foreign-owned single-member LLCs, and Form 1040-NR / 1065 where applicable). Consult a US CPA for your specific situation.
Frequently Asked Questions
How much does a New Mexico LLC cost?
$50 for the online Articles of Organization filing, plus optional registered agent service of roughly $50–$150 per year. There is no annual report fee.
Does New Mexico require an annual report?
No. New Mexico LLCs are not required to file an annual report or pay a franchise tax.
Can I form a New Mexico LLC without visiting the US?
Yes. The entire process — filing, EIN, and often banking — can be completed remotely.
Is a New Mexico LLC good for privacy?
Yes. New Mexico does not publish member or manager names on its public business registry.
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