Can a non-US resident form an LLC?

Yes. Anyone of any nationality can form and own a US LLC. There is no residency or citizenship requirement, and you do not need to visit the United States to start your company.

Which state is best for non-residents?

Wyoming and Delaware are the most popular choices. Wyoming is recommended for small businesses, freelancers, and e-commerce sellers due to its low annual fees ($62) and strong privacy. Delaware is ideal for software startups planning to raise venture capital.

Do I need a registered agent?

Yes. Every state requires an LLC to have a Registered Agent with a physical address in that state. They receive official legal documents and state notices on your behalf.

Can I get an EIN without an SSN?

Yes, non-residents can obtain an Employer Identification Number (EIN) from the IRS without a Social Security Number (SSN) or ITIN. This is done by filing Form SS-4 via fax or mail.

Is Incorify a law firm?

No. Incorify is an educational resource and informational platform. We provide guides, tools, and reviews of third-party company formation services. We do not offer legal, financial, or tax advice.

Does Incorify provide tax advice?

No, we do not provide tax advice. US tax rules for non-residents can be complex depending on whether your business is 'Effectively Connected with a US Trade or Business' (ETBUS). We strongly advise consulting with a qualified CPA.

New Mexico LLC

Excellent

New Mexico has emerged as a top-tier option for international founders seeking anonymous LLC protection.

New Mexico Business Climate & Benefits

Establishing a New Mexico LLC offers international founders a flexible, secure ecosystem to access the United States marketplace.

New Mexico offers high privacy protection by keeping the identity of LLC members off the public database (Anonymous LLC). Combined with zero state income tax on foreign-sourced profits, it represents a premier shield for international assets.

Robust personal asset protection and limited liability shields
No state-level personal income tax on out-of-state and international profits
Access to top-tier registered agent services via Northwest Registered Agent
Ability to verify US merchant processors and open commercial business bank accounts

Step-by-Step New Mexico LLC Formation

To successfully incorporate your business in New Mexico, you must submit the legal paperwork to the New mexico Secretary of State.

Perform a State Name Search

Your chosen entity name must be entirely unique. The New mexico Secretary of State will reject any business name that conflicts with an existing record.

Submit Articles of Organization

You must submit the Articles of Organization online and pay the state filing fee of **$50** to initiate active status.

Draft an Operating Agreement

While kept internally and not submitted to the state, this contract is critical for banking verification and limited liability protection.

LLC Formation Roadmap Flow

Registered Agent Selection & Legal Role

To maintain status, you must appoint an agent with a physical office address in New Mexico to accept official service of process.

Northwest Registered Agent acts as your statutory presence in New Mexico, submitting its business address to the New mexico Secretary of State to safeguard your ownership privacy and handle official legal correspondence.

Obtaining IRS EIN for Non-Residents

The EIN is your corporate tax identity with the IRS, required to hire employees and register with payment gateways.

The IRS requires manual processing via fax for foreign entities without an SSN. Incorify handles this complete transmission and tracking.

New Mexico State Taxes & Compliance

LLCs in New Mexico are subject to pass-through taxation, meaning the company's financial profits flow directly to members.

LLCs formed in New Mexico enjoy a total state income tax exemption on profits generated outside the state. The recurring state fee is $0, which must be paid No annual report filing required to keep the LLC active.

Non-Resident Suitability & Cost Analysis

Incorporating in New Mexico carries an **Excellent** suitability status for non-US resident owners. The combination of low fees and total structural anonymity places it among the top offshore setups like Wyoming.

Formation & Recurring Cost Table

Cost Item	First Year Cost	Annual Recurring Cost
State SOS Filing Fee	$50	$0
Annual Report/Franchise Tax	$0	$0
Registered Agent Service	$39 - $125	$39 - $125
EIN Filing (IRS)	$0	$0

Compare with Similar States

As an alternative to New Mexico, you can explore other popular states offering similar cost structures, tax advantages, and privacy protections:

Frequently Asked Questions

Am I required to travel to the United States to open my LLC?▼

Absolutely not. The US legal system allows non-residents to register an LLC, obtain an EIN, and open corporate bank accounts remotely from anywhere.

What are the annual report costs in New Mexico?▼

To keep your LLC compliant and in good standing, you must pay the state's renewal fee, which is currently **$0**.

Does New Mexico support owner privacy?▼

Owner details in this state have a **High (Anonymous LLC)** level of public visibility. For maximum anonymity, Wyoming or New Mexico LLCs are preferred.

What are the federal tax duties of a foreign owner?▼

Non-resident owners of single-member LLCs must submit annual declarations to the IRS. Filing Form 5472 is required even if your profits are 100% tax-exempt.

How long does it take to form the company and get an EIN?▼

The state processing timeline is about **1-2 Business Days**. After state approval, the IRS fax protocol for foreign EINs requires 3-4 weeks.

Can I verify a Stripe account and open US bank accounts?▼

Absolutely. After company formation and getting your EIN CP 575 document, you are eligible to configure a business Stripe account linked to Mercury or Wise.

Authorized Filing Agency

Launch Your New Mexico LLC Today

Avoid administrative delays. Incorify handles your official state filing, registered agent setup, and IRS tax ID registration in a single turnkey package. Launch your US company today in partnership with Northwest Registered Agent.

Disclosure: Incorify is a certified partner of Northwest Registered Agent. If you proceed with their services through our links, we may earn an affiliate commission, which helps support our platform at zero extra cost to you.