New Mexico LLC vs Montana LLC (2026)
Compare New Mexico LLC vs Montana LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.
By Edmond Hui · Last updated: August 13, 2026
Verdict: New Mexico wins for most businesses
For most New Mexico-based businesses, forming locally in New Mexico is the smarter choice. You avoid paying fees in two states and managing compliance in both. Montana only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.
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| Factor | New Mexico | Montana |
|---|---|---|
| Filing Fee | $50 | $35 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $0 | $20 |
| Annual Report Due | None required | April 15 |
| State Income Tax | Yes | Yes |
| Anonymous LLC | Yes | No |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $100 + registered agent ~$150/yr |
Full fee breakdown for either state: New Mexico LLC cost and Montana LLC cost.
Business Climate: New Mexico vs Montana
| Factor | New Mexico | Montana |
|---|---|---|
| 5-year business survival rate | 46.3% (#46 of 51) | 53% (#16 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +12.6% YoY (#37 of 51 by volume) | +13.4% YoY (#40 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: New Mexico vs Montana
New Mexico
Montana
Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where a state requires publication, and any one-time registration charge a state requires before the LLC may trade. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Montana's annual report is free when filed by April 15 and $35 after, a waiver the Secretary of State applies at its discretion. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.
Filing Fees & Formation Costs
New Mexico charges $50 to form an LLC, while Montana charges $35. Montana is $15 cheaper upfront. The cost that usually gets overlooked: if you form in Montana but operate in New Mexico, you must also register as a foreign LLC in New Mexico (a $100 filing) and maintain a registered agent in Montana (typically around $150 per year). That puts the realistic first-year cost of the Montana route at roughly $285, versus $50 for simply forming in New Mexico. Speed isn't a basis for choosing between them: neither New Mexico nor Montana publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New Mexico vs Montana
Both New Mexico and Montana levy a personal income tax on pass-through business income, and your LLC's profits will be taxed where you live and operate. Forming in Montana doesn't change what a New Mexico-based owner pays. Montana levies a two-bracket individual income tax; per HB 337 (2025) the top rate drops from 5.9% to 5.65% effective January 1, 2026, with the 4.7% lower rate applying up to $47,500 single/$95,000 joint (Montana Department of Revenue). No franchise or privilege tax on LLCs; the Secretary of State currently waives the annual report fee for reports filed by April 15 ($35 if filed late).
Privacy & Asset Protection
New Mexico, your home state, actually offers more formation privacy than Montana: New Mexico allows anonymous LLC formation, while Montana requires owner or manager information on public filings. MCA 35-8-208 requires the LLC's annual report to state the names and business mailing addresses of the managers (if manager-managed) or of the members (if member-managed), and these reports are public. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal. From a privacy standpoint there's no reason for a New Mexico-based business to form in Montana.
Annual Maintenance Costs
New Mexico LLCs file no annual report at all, and Montana LLCs file an annual report ($20, due April 15). If you form in Montana while operating in New Mexico, you maintain filings in both states, Montana's report plus New Mexico's equivalent for your foreign registration, and pay a Montana registered agent roughly $150 per year. That brings ongoing costs of the Montana route to roughly $170 per year, versus about $0 to keep a domestic New Mexico LLC in good standing. One more recurring cost to budget for: No franchise or privilege tax on LLCs; the Secretary of State currently waives the annual report fee for reports filed by April 15 ($35 if filed late).
When Montana Actually Makes Sense
Forming in Montana makes sense in a few specific situations: your business genuinely operates in Montana, with a real office, employees, or property there, or you're relocating to Montana in the near future. For a typical small business based in New Mexico, none of these usually apply. Registering a Montana LLC to do business back home means $100 in New Mexico foreign-registration fees, on top of Montana's $35 formation fee, while New Mexico itself never asks for an annual report at all. New Mexico already allows anonymous formation, so the privacy argument for Montana doesn't apply to a New Mexico-based owner. Trading New Mexico's no-annual-report status for Montana's filing calendar is a step backwards for most owners. When in doubt, form where you actually do business.
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