New Mexico charges $50 to form an LLC; New York charges $200. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, New Mexico runs about $240 less in total state fees than New York. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

New York imposes an entity-level annual tax on every LLC ($25 minimum). New Mexico does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee
New Mexico $50
New York $200
New Mexico saves $150
Year 1 total estimate
New Mexico $150
New York $330
New Mexico saves $180
Ongoing per year
New Mexico $100
New York $130
New Mexico saves $30
3-year total
New Mexico $350
New York $590
New Mexico saves $240

Key differences at a glance

  • New Mexico costs $150 less to form ($50 vs $200).
  • New Mexico is $30 per year cheaper to maintain ($100 vs $130).
  • New York imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. New Mexico does not.
  • New York requires newly formed LLCs to publish a formation notice in local newspapers; this can add $50 to $1,800 depending on county.
  • New York requires LLCs to adopt a written operating agreement by statute. The other state treats it as recommended rather than required.
  • New Mexico has no annual report filing at all. New York requires an annual (or biennial) report every reporting period.

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only New Mexico

  • No entity-level franchise or LLC tax
  • No annual report
  • No publication requirement
  • Operating agreement not statutorily required

Only New York

  • Paid expedited tier

Both states

  • Online filing

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

New Mexico New York
Year 1
$150
$330
Year 2
$250
$460
Year 3
$350
$590

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario Year 1 Each year after 3-year total
You live in New Mexico, business operates there
No foreign LLC registration needed. You pay New Mexico fees only.
$150 $100 $350
You live in New York, business operates there
No foreign LLC registration needed. You pay New York fees only.
$330 $130 $590
Non-resident forming in New Mexico with operations elsewhere
You pay New Mexico's fees plus a typical home-state foreign LLC registration of about $200 per year.
$350 $300 $950
Non-resident forming in New York with operations elsewhere
You pay New York's fees plus a typical home-state foreign LLC registration of about $200 per year.
$530 $330 $1,190

New Mexico vs New York: full comparison

Dimension New Mexico New York
Online filing
Can you file the formation document online?
Yes Yes
Online approval time
Standard, non-expedited
3 business days 3 business days
Expedited option
Paid fast-track filing
Not offered $25
Annual report
Required in addition to tax
None Required, $9
State-imposed annual tax
Franchise, privilege, or LLC tax minimum
None $25 minimum
State income tax
On pass-through LLC income at member level
Yes Yes
Publication requirement
Newspaper publication after formation
No Required
Operating agreement
Required by state statute
Recommended, not required Required by statute
Foreign LLC fee
Cost to register as a foreign LLC in this state
$100 $250
State sales tax
General statewide rate
4.9% 4.0%

Taxes in New Mexico and New York

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

New Mexico tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 5.9%.

New York tax

$25 minimum annual tax (gross-receipts-tiered basis). State income tax applies to member-level pass-through income. Corporate rate 7.3%.

Ongoing compliance

The recurring filings each state requires after formation.

New Mexico

No annual state filing. Registered agent required in New Mexico.

New York

Annual report $9, due on your anniversary month. Registered agent required in New York.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

New Mexico

  1. Check business-name availability on the New Mexico entity search.
  2. Appoint a registered agent with a physical New Mexico street address.
  3. File Articles of Organization for a Domestic Limited Liability Company for $50.
  4. Wait for approval. Online typically 3 business days. No paid expedite offered.
  5. Adopt an operating agreement (recommended, not required by New Mexico statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. No annual state filing required in New Mexico.

New York

  1. Prepare a publication-ready notice (required in New York).
  2. Check business-name availability on the New York entity search.
  3. Appoint a registered agent with a physical New York street address.
  4. File Articles of Organization (DOS-1336) for $200.
  5. Wait for approval. Online typically 3 business days. Paid expedite from $25.
  6. Adopt a written operating agreement (statutorily required in New York).
  7. Apply for a federal EIN (free from the IRS).
  8. Open a business bank account to separate personal and business finances.
  9. File your first annual report and pay $9 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both New Mexico and New York (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in New Mexico or New York does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

New Mexico Secretary of State - Business Services Division

Website
www.sos.nm.gov/business-services
Phone
(505) 827-3600
Email
Business.Services@sos.nm.gov
Mail
New Mexico Capitol Annex North, 325 Don Gaspar, Suite 300, Santa Fe, NM 87501
Hours
8:00 AM to 5:00 PM Mountain, Monday to Friday (walk-in Business Services closed Fridays; phone and online available)

New York Department of State - Division of Corporations, State Records and Uniform Commercial Code

Website
dos.ny.gov/division-corporations-state-records-and-uniform-commercial-code
Phone
(518) 473-2492
Mail
Department of State, Division of Corporations, State Records, and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
Office
One Commerce Plaza, 99 Washington Avenue, 6th Floor, Albany, NY 12231
Hours
9:00 AM to 4:30 PM Eastern, Monday to Friday

New Mexico Taxation and Revenue Department

Website
www.tax.newmexico.gov
Phone
(866) 285-2996
Mail
New Mexico Taxation and Revenue Department, P.O. Box 630, Santa Fe, NM 87504-0630
Office
1200 South St. Francis Drive, Santa Fe, NM 87504
Hours
8:00 AM to 5:00 PM Mountain, Monday to Friday

New York State Department of Taxation and Finance

Website
www.tax.ny.gov
Phone
(518) 457-5181
Mail
NYS Department of Taxation and Finance, W.A. Harriman Campus, Albany, NY 12227
Office
W.A. Harriman Campus, Albany, NY 12227
Hours
8:30 AM to 4:30 PM Eastern, Monday to Friday

Frequently Asked Questions

  • Is it cheaper to form an LLC in New Mexico or New York?

    New Mexico is cheaper at formation ($50) than New York ($200). Ongoing costs are also different: $100 vs $130 per year. Total over three years: $350 vs $590.

  • Can I form an LLC in New Mexico if I live in New York?

    Yes, but your New York business will almost certainly need to register as a foreign LLC in New York too, which means paying New York's foreign registration fee and any ongoing New York obligations on top of the New Mexico ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

  • How long does it take to form an LLC in New Mexico vs New York?

    New Mexico online: 3 business days; New York online: 3 business days. New Mexico does not offer paid expedite. New York offers paid expedite from $25.

  • Which state has lower taxes for an LLC, New Mexico or New York?

    New Mexico: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. New York: state income tax applies to member-level pass-through income, plus a $25 minimum entity-level tax.

  • Do both states require a registered agent?

    Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. New Mexico and New York both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

  • Does New Mexico or New York have a publication requirement?

    New York does. New LLCs must publish a formation notice in approved newspapers, which can add $50 to $1,800 to your first-year cost depending on the county where the LLC is based. New Mexico has no publication requirement.

  • Do I need a written operating agreement in New Mexico or New York?

    New York requires LLCs to adopt a written operating agreement by statute. New Mexico treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.

  • Which state should I pick if I run an online business from home?

    Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in New Mexico or New York to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

More New Mexico and New York comparisons

Sources

  • Filing fee: law.justia.com/codes/new-mexico/chapter-53/article-19/section-53-19-63… · verified April 21, 2026
    NMSA 1978 Section 53-19-63 (Filing, service and copying fees) sets the fee for filing original articles of organization and issuing a certificate of organization at fifty dollars ($50.00). Also referenced in 12.3.4.11 NMAC (Domestic Limited Liability Companies), which directs domestic LLCs to pay applicable fees required in Section 53-19-63.
  • Foreign LLC registration fee: law.justia.com/codes/new-mexico/chapter-53/article-19/section-53-19-63… · verified April 21, 2026
    NMSA 1978 Section 53-19-63 sets the fee for issuing a certificate of registration to a foreign limited liability company at one hundred dollars ($100.00). Foreign LLCs must obtain a certificate of registration under NMSA 1978 Section 53-19-48 before transacting business in New Mexico.
  • Online filing portal: www.sos.nm.gov/business-services/ · verified April 21, 2026
    All New Mexico business filings moved to online-only as of December 9, 2024. The Secretary of State no longer accepts paper filings for any business application. All LLC Articles of Organization must be filed through the SOS Enterprise portal at enterprise.sos.nm.gov. Typical processing time for online filings is 1-3 business days.
  • Operating agreement requirement: nmonesource.com/nmos/nmsa/en/item/4400/index.do · verified April 21, 2026
    NMSA 1978 Chapter 53, Article 19 (the New Mexico Limited Liability Company Act) permits but does not require an LLC to adopt an operating agreement. Section 53-19-19 contemplates operating agreements that may be oral or written. No statutory requirement to adopt or file one exists.
  • Annual report: www.sos.nm.gov/business-services/ · verified April 21, 2026
    The New Mexico LLC Act imposes no annual or biennial report requirement, and the Secretary of State's Business Services fee list contains no annual report line item for LLCs. This absence of annual filing is a long-standing feature of the New Mexico LLC Act and one of the main reasons anonymous-LLC strategies favor New Mexico.
  • Franchise tax: www.tax.newmexico.gov/businesses/corporate-income-franchise-tax-overvi… · verified April 21, 2026
    New Mexico's $50 Corporate Franchise Tax applies to entities taxed as corporations for federal purposes, including LLCs that have elected C-corp or S-corp treatment. LLCs that default to pass-through partnership or disregarded-entity treatment do not owe the $50 franchise tax and file no corporate-level franchise return in New Mexico. For default-tax-classification LLCs (the overwhelming majority), no state-level franchise tax applies.
  • Corporate income tax rate: www.tax.newmexico.gov/all-nm-taxes/current-historic-tax-rates-overview… · verified April 21, 2026
    Effective for tax year 2025 and later, New Mexico replaced its two-bracket corporate income tax (4.8% on the first $500,000 and 5.9% above) with a single flat rate of 5.9% on all corporate taxable income. Confirmed by the Tax Foundation 2026 State Tax Competitiveness Index (Oct 2025) and the NM Taxation and Revenue Department. LLCs pay this rate only if they elect C-corp federal taxation; default pass-through LLCs do not.
  • Sales tax rate: www.tax.newmexico.gov/businesses/gross-receipts-overview/ · verified April 21, 2026
    New Mexico's Gross Receipts Tax (GRT) functions as the state's sales tax. Effective July 1, 2025 the statewide GRT rate is 4.875%. The GRT is imposed on the seller's receipts rather than the buyer's purchase, so it applies more broadly than a typical sales tax (including to many services and business-to-business transactions). Counties and municipalities add layered local GRT rates, resulting in combined rates that typically range from 6.5% to 9%. Only the statewide 4.875% rate is recorded here.
  • Business name search: enterprise.sos.nm.gov/search · verified April 21, 2026
    Current New Mexico Secretary of State business entity search, hosted on the SOS Enterprise portal. The legacy portal.sos.state.nm.us URL used in prior agency seed data no longer resolves after the December 2024 migration to enterprise.sos.nm.gov.
  • Filing fee: dos.ny.gov/fee-schedules · verified April 21, 2026
    NY DOS Division of Corporations fee schedule: domestic LLC Articles of Organization filing fee = $200. Professional service LLC same fee.
  • Expedited filing: dos.ny.gov/fee-schedules · verified April 21, 2026
    Expedited surcharges on top of the filing fee: 24 hours = $25, same day = $75, 2 hours = $150. We report the cheapest 24-hour tier. Biennial Statements cannot be expedited.
  • Foreign LLC registration fee: dos.ny.gov/application-authority-foreign-limited-liability-companies · verified April 21, 2026
    Foreign LLC Application for Authority filing fee = $250 (standard). Professional service foreign LLC = $200. Foreign LLCs are also subject to the publication requirement.
  • Operating agreement requirement: www.nysenate.gov/legislation/laws/LLC/417 · verified April 21, 2026
    NY LLC Law Section 417(a): 'the members of a limited liability company shall adopt a written operating agreement.' Must be adopted before, at, or within 90 days after the filing of the Articles of Organization. The agreement is not filed with the state, but is statutorily required.
  • Publication requirement: www.nysenate.gov/legislation/laws/LLC/206 · verified April 21, 2026
    NY LLC Law Section 206 requires publication of a notice of LLC formation in two newspapers for six consecutive weeks within 120 days of formation, followed by filing a Certificate of Publication ($50) with DOS. Failure to publish suspends the LLC's authority to carry on, conduct, or transact business in New York. Cost ranges are referenced via county clerk designations; representative estimate ~$1,200 mid-range.
  • Annual report fee: dos.ny.gov/biennial-statements-business-corporations-and-limited-liabi… · verified April 21, 2026
    Biennial Statement fee = $9, mandated by NY LLC Law Section 301(e). Filed via the e-Statement Filing Service. Filing period is the calendar month of original Articles of Organization filing, every two years.
  • Franchise tax: www.tax.ny.gov/pit/efile/annual_filing_fee.htm · verified April 21, 2026
    New York charges an annual LLC filing fee on Form IT-204-LL, tiered by NY source gross income: <=$100k = $25; $100,001-$250,000 = $50; $250,001-$500,000 = $175; $500,001-$1M = $500; $1M-$5M = $1,500; $5M-$25M = $3,000; over $25M = $4,500. Disregarded-entity single-member LLCs pay a flat $25. Recorded as gross-receipts-tiered franchise-style charge because it functions as a mandatory annual state charge on the LLC entity even when pass-through.
  • Corporate income tax rate: www.tax.ny.gov/bus/ct/def_art9a.htm · verified April 21, 2026
    Article 9-A NY corporate franchise tax: base rate 6.5% for most corporations; 7.25% applies to business income over $5M (extended through 2026 under the 2021 state budget). LLCs are pass-through by default and do not owe Article 9-A unless they elect C-corp status federally.
  • Sales tax rate: www.tax.ny.gov/bus/st/stidx.htm · verified April 21, 2026
    NY statewide sales and use tax rate is 4%. Local jurisdictions add additional rates; combined rates range from about 7% to 8.875% (NYC). We record the statewide rate only.
  • Business name search: apps.dos.ny.gov/publicInquiry/ · verified April 21, 2026
    NY DOS Division of Corporations Public Inquiry entity search. Can lookup by entity name or DOS ID.
  • Online filing portal: dos.ny.gov/articles-organization-domestic-limited-liability-company-0 · verified April 21, 2026
    Official DOS page for Articles of Organization for domestic LLCs. Links to online filing. Acknowledgement receipt emailed within minutes; processing typically completed in 2-3 business days.
  • Certificate of Formation name: dos.ny.gov/system/files/documents/2024/05/articles-of-organization.pdf… · verified April 21, 2026
    Form DOS-1336, Articles of Organization for a Domestic Limited Liability Company, published by the NY DOS Division of Corporations.