Starting a nonprofit in New Mexico

Incorporation

Filing

Articles of Incorporation, Domestic Nonprofit Corporation

Agency

New Mexico Secretary of State

State fee

$25 — never marked up by us

Processing

1–3 business days online; several weeks by mail

Expedite

Not offered

Watch out

• Total startup cost is $35: $25 for the articles plus a $10 Initial Report due within 30 days of incorporation (listing officers, directors, and the character of affairs).
• The state's standard articles form does NOT include the IRS-required 501(c)(3) purpose and dissolution clauses — add them as additional provisions before filing.
• New Mexico corporate filings moved from the Public Regulation Commission to the Secretary of State — older guides pointing to the PRC are out of date.

Ongoing compliance

Registered agent

Must have a New Mexico street address and sign or otherwise accept the appointment.

Charitable registration

Required — New Mexico Department of Justice (Attorney General), via the NM-COROS online system. Initial: $0. Renewal: Annual report through NM-COROS (no fee). Most 501(c)(3)s soliciting in New Mexico must register before soliciting; churches and some educational institutions are exempt.

Annual report

Annually with the Secretary of State (due the 15th day of the 5th month after fiscal year end) — $10

State tax exemption

Corporate income tax exemption follows the IRS determination letter. Many receipts of 501(c)(3)s are exempt from New Mexico gross receipts tax, but the exemption is transaction-based — confirm treatment with the Taxation and Revenue Department.