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State guide · checked 16 October 2026

Does a New Mexico LLC file an annual report?

No. New Mexico is one of the few states with no annual report and no yearly state fee for LLCs. That's why it's popular with founders outside the US. But "nothing to file with the state" isn't "nothing to file", and two things can still get the LLC shut down.

What New Mexico asks for

  • No annual or biennial report for LLCs, and no yearly fee to the Secretary of State.
  • A registered agent and registered office in New Mexico, all year. This is required by state law (NMSA 1978 § 53-19-5).
  • A change statement whenever your registered agent or office changes. Filings are triggered by events, not by the calendar.

The two ways a New Mexico LLC gets revoked

  1. Your registered agent lapses. If you stop paying your agent and they resign, or the LLC is without an agent, the state can administratively revoke the LLC after 30 days (§ 53-19-66.1). Set a reminder for your agent's renewal date; for most non-US owners it's the only yearly state-side cost.
  2. You ignore state mail. Notices go to your registered agent. Make sure they forward everything to an email you actually read.

A revoked LLC can apply for reinstatement within two years (§ 53-19-66.2). Until then, banks and payment providers may freeze accounts when they spot it.

What you still file every year

  • Form 5472 with a pro forma Form 1120 to the IRS by 15 April (15 October with a Form 7004 extension) for every year you put money in or took money out. The $25,000 fine applies to New Mexico LLCs exactly like any other state. Form 5472 guide. Missed it? Penalty relief.
  • No BOI report: US-formed LLCs no longer file one. Why.
  • New Mexico gross receipts tax only matters if the LLC actually does business in New Mexico (for example, selling to customers there in ways that create a tax obligation). An online business run from abroad with no New Mexico customers usually has nothing to register. If you're unsure, ask a US accountant.

Is New Mexico the right choice?

It's the cheapest state to keep an LLC in. The trade-off is that some banks, payment providers and marketplaces are more familiar with Wyoming and Delaware LLCs and may ask more questions. Compare: Wyoming ($60 a year), Delaware ($300), Florida ($138.75).

Check everything my company owes

Sources: New Mexico Limited Liability Company Act, NMSA 1978 §§ 53-19-5, 53-19-63, 53-19-66.1 and 53-19-66.2, as summarised by Ezel; New Mexico Secretary of State, Business Services. Read 16 October 2026.