1. New Mexico LLC Advantages

New Mexico LLC Advantages

Author: Real Estate Holding Company

Published Jul 16th, 2023Updated Feb 14th, 2024
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Why Form a New Mexico LLC?

New Mexico limited liability companies offer anonymity, no annual New Mexico state fees and protection from business creditors. For these reasons, over half of new business formations in New Mexico are LLCs.



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New Mexico LLC Benefits

Most of the time New Mexico LLCs are chosen because of their anonymity and the business friendly atmosphere the Secretary of the State has created. This atmosphere manifests itself via low fees and simple reporting requirements. New Mexico checks off a lot of boxes for small business. These includes:

  • No Visit Required
  • No Need to be US Citizen or Resident
  • No Tax Return
  • No Operating Agreement Required
  • No Minimum Capital Contribution
  • No Reporting of Members
  • No Reporting of Managers

General LLC Advantages

The simple formation process makes the LLC the most popular option for small businesses. Limited liability companies provide a corporate veil, reduce taxes and are more professional than a Sole-Proprietorship.

The corporate veil prevents corporate creditors from pursuing owners personally. The company signs its own contracts and has its own debts. An accident cannot cost you everything because your liability is limited to what is inside the company.

The new tax laws bring several opportunities for limited liability companies to reduce their owner’s income taxes and FICA payments. This applies whether you elect for pass through or corporate taxation.

Operating through an LLC is also more professional than using your personal name or a DBA. Clients and vendors are more likely to take you seriously when you put effort into starting a company.

LLC vs. Corporation

Choosing between a corporation and an LLC is important. Many mistakenly believe they need a corporation for the S-Corp tax election. However, LLCs can taxed as if they were S-Corporations as well. The largest difference between the two entities is in their governance.

In this regard corporations carry a lot of baggage. They must have a board, shareholders and officers, e.g. a President, Secretary and Treasurer. There may also be multiple share classes with differing rights. It is also required that they have frequent meetings with minutes; the meetings should be documented with the minutes producible on demand.

In the other hand an LLC just needs to have members and they can optionally add managers. They are only required to hold one meeting and are not subject to corporate income tax. The increased complexity of a corporation lead most to choose an LLC. Learn more about incorporating in New Mexico here.

Who Does Business in New Mexico?

Every state writes different laws for their LLCs. Only a few states actively compete for new business formations. The four most common states for forming an LLC are New Mexico, Wyoming, Nevada and Delaware.

Anonymity, for example, is a benefit which is not available in most states. Most states, such as California, require the owners and managers of the company be listed. That's why choosing the appropriate state for your company is important.

New Mexico LLCs are commonly used as holding companies, by e-commerce stores and for other location independent industries. These groups come here to take advantage of the privacy and the low fees. The lack of an annual report contrasts with Wyoming which charges $50 and Nevada and Delaware which charge hundreds.

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