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All Corporations, LLCs, and Partnerships must first register with the Secretary of State. You can register LLCs online, but partnerships and corporations registration forms must be completed and submitted via mail or in person. Please visit the pages specific to the type of business you would like to register.
The default federal tax status for a single-member limited liability company (SMLLC) is disregarded entity. However, the owner of an SMLLC can elect to have the business taxed as either a traditional C corporation or as an S corporation. An S corporation is a special type of small, closely-held corporation.
New Mexico does not require LLCs to file an annual report. New Mexico imposes a franchise tax on LLCs if they paid federal income tax. The franchise tax is filed along with the state income tax, and is due by the 15th day of the third month following the close of the tax year. The fee is $50.
New Mexico LLCs taxed as S-corp Like regular LLCs, S-corps are taxed as pass-through entities. This results in S-corps not having to pay the usual corporate income taxes. The benefit of the S-corp is that it can reduce the amount of self-employment tax (15.3%) an LLC owes.
To dissolve your New Mexico corporation you must file both the Statement of Intent to Dissolve and the Articles of Dissolution. Each one requires a $50 filing fee. Payment must be made by check or money order. You may expedite processing of your dissolution by the PRC.
A certified copy of your Articles of Organization or Articles of Incorporation can be ordered by fax, mail or in person, but we recommend faxing. Normal processing takes up to 10 days, plus additional time for mailing, and costs $10, plus $1 per page, or more depending on the type of business entity.
If you form an LLC without electing S Corp taxation, you stand to pay more in taxes, because you'll be taxed as a sole proprietorship by default. Electing S Corp taxation for your LLC could save you a lot of money in taxes each year.
The owner of an LLC taxed as a partnership is not an employee of the LLC for tax purposes. He or she is simply a business owner. In contrast, an S corporation owner who performs more than minor services for the corporation will be its employee for tax purposes, as well as an owner.