The set-up process for an LLC in New Mexico depends on where the company was formed. In-state, or domestic, companies prepare Articles of Organization that explain their management structure and plans for allocating profits and losses. LLCs that were already formed in other states or countries, known as foreign LLCs, request permission to transact business in the state by filing a Certificate of Registration. Many of the forms both types of LLCs submit once their applications have been accepted depend upon the type of services they will perform and the number of workers they will employ.
Fit your business needs with the right LLC package
Choose a name not currently in use or reserved by any New Mexico business. The name must include the words “limited liability company” or “limited company,” or the abbreviations “L.L.C.,” “LLC,” “L.C.” or “LC.”
Obtain an employer identification number, or EIN, from the IRS to register for tax purposes after forming the LLC. Apply online at the IRS website, or request an EIN by mail, fax or phone (see Resources).
Designate a registered agent to receive paperwork filed against the LLC. The agent must be an individual or domestic company that lives and maintains an office in New Mexico.
Download and print the Articles of Organization form for a domestic LLC on the Public Regulation Commission’s website (see Resources). Type or print the answers. Have the company’s organizer(s) sign the form and send in an original and one duplicate. Include an affidavit from the registered agent and $50 -- as of November 2010 -- filing fee. The Certificate of Registration form for a foreign LLC is also available at this site, and the process is the same, though the filing fee is $100.
Submit a corporate report to the Public Regulation Commission within 30 days of filing either the Articles of Organization or the Certificate of Registration. Plan to submit the report every two years to keep the Public Regulation Commission informed of changes in the LLC’s governing personnel.
Obtain an employer account number, or EAN, from the New Mexico Department of Workforce Solutions’ website if you will be hiring employees. Call the New Mexico Taxation and Revenue Department to find a local district office where you can pay the worker’s compensation personnel assessment fee that all New Mexico employers must pay.
Use the EIN obtained in Step 2 to register for tax purposes with the New Mexico Taxation and Revenue Department. You may register online or by requesting CRS-1 Filer’s Kit by phone. The kit will include your CRS -- Combined Reporting System -- number and state tax identification number to file tax forms. There is no fee.
Access the website of the Department of Workforce Solutions’ Workforce Transition Services Division within 10 days of starting the business. Ask for a copy of Status Report Form ES-802, which determines a company’s tax liability. Complete the form and send it in or file it online.
Purchase workers’ compensation insurance if the LLC will employ three or more workers or provide construction services. Obtain a policy from a private insurer licensed by the New Mexico Insurance Division, or apply to the Workers Compensation Administration to provide your own coverage. You may also join other employers in your same industry to obtain a group plan.