For founders outside the US

Form a New Mexico LLC as a Non-Resident

New Mexico has one genuinely unusual feature: there is no annual report at all. You file once, keep a registered agent, and that is the whole ongoing obligation. Combined with no public member disclosure, it is the quietest and lowest maintenance way to keep a US LLC alive.

No SSN required
No US address required
No US visit required
100% online process

Why non-residents choose New Mexico

  • No annual report and no recurring state filing, unlike every other popular state
  • Members and managers are not disclosed publicly
  • The simplest ongoing compliance of any formation state
  • Nothing recurring to miss, so no risk of falling out of good standing by oversight
  • Useful for holding intellectual property or dormant entities

What a New Mexico LLC costs

One price in every state. All state and government fees are included, so choosing New Mexico over anywhere else does not change what you pay.

What you get Price Billing
Formation New Mexico filing, EIN, registered agent, and operating agreement, with all state and government fees included $399 One-time
Managed LLC Ongoing compliance handled for you, including registered agent, annual filings, bookkeeping, and federal tax filing $149 Per month
A la carte compliance Pick individual services instead of the full plan From $99 Per year

Processing takes about 5-7 business days once your filing reaches the state.

Tax and filing obligations

New Mexico state tax

New Mexico does have a personal income tax, but it applies to New Mexico source income. A non-resident owner operating entirely outside the state generally has no New Mexico filing obligation.

Federal filings you cannot skip

Owing no tax and having nothing to file are not the same thing. A foreign-owned single-member LLC generally must file Form 5472 with a pro forma Form 1120 every year, even with no revenue. The penalty for missing it is $25,000 per form, per year.

You will also need an EIN, which you can obtain without a Social Security Number using Form SS-4. Keep the CP 575 confirmation notice the IRS sends afterwards, because it is issued only once and a replacement means requesting a 147C letter instead.

Privacy

New Mexico does not require members or managers to be named in the articles of organization, and because there is no annual report, there is no later filing that would reveal them.

Ongoing upkeep

A registered agent, and nothing else. There is no recurring state filing to miss.

What to watch out for in New Mexico

New Mexico is less familiar to US banks and payment processors than Wyoming or Delaware, which can mean extra questions during account opening. If getting banked is your main hurdle rather than upkeep, Wyoming is the safer choice.

Frequently asked questions

Does a New Mexico LLC really have no annual report?

Correct. New Mexico is the only widely used formation state that requires no annual report and no recurring state filing for LLCs. Once the company is formed, a registered agent is the only thing to maintain.

Is a New Mexico LLC anonymous?

Close to it. Members and managers are not named in the articles of organization, and because there is no annual report, there is no later filing that would disclose them.

What is the downside of New Mexico?

Banks and payment processors see far fewer New Mexico LLCs than Wyoming or Delaware ones, so account opening can involve extra questions. If getting banked is your main concern rather than upkeep, that friction can outweigh the simpler compliance.

Can a non-US resident form a US LLC?

Yes. There is no citizenship or residency requirement to own a US LLC. You do not need a green card, a visa, or to have ever visited the United States. Founders from more than 150 countries own US LLCs, and the formation process is identical to the one a US citizen follows.

Do I need a Social Security Number?

No. You do not need an SSN to form an LLC or to obtain an EIN for it. The IRS online EIN tool requires an SSN or ITIN, which is why most non-residents apply using Form SS-4 by fax or phone instead, writing "Foreign" in the field where a Social Security Number would go.

Do I need a US address?

You need a registered agent with a physical address in the state of formation, which is a service rather than something you provide. Your own mailing address on the paperwork can be your home address in any country.

Will I owe US federal tax on my LLC?

It depends on whether your income is effectively connected to a US trade or business. Many non-resident owners of single-member LLCs with no US employees, offices, or dependent agents have no US federal income tax liability. That is a question for a tax adviser about your specific facts, and it is separate from your filing obligations, which exist either way.

What do I have to file even if I owe no tax?

A foreign-owned single-member LLC generally must file Form 5472 together with a pro forma Form 1120 each year, even with zero revenue and zero tax due. The penalty for missing it is $25,000 per form per year, which makes it the most expensive filing mistake in this category.

Can I open a US business bank account from abroad?

Yes. Several US banking providers open accounts for non-resident owned LLCs remotely, without requiring a US visit. You will need the formation documents, your EIN, and identification. Approval is at the provider's discretion and depends on your country and business type.

Does forming a US LLC reduce the tax I pay at home?

Generally no, and this is the most common misunderstanding. A US LLC does not change your tax position in your country of residence. Most countries tax residents on worldwide income, so your local obligations continue regardless of where the company is registered. Treat any US tax outcome as separate from, not a replacement for, what you owe at home.

How long does formation take?

State approval typically takes three to seven business days depending on the state. The EIN is the slower step for non-residents, since the fastest routes are fax or a phone call to the IRS rather than the online tool.

Start your New Mexico LLC today

All-inclusive formation with EIN, registered agent, and operating agreement. No SSN or US address required.

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