New Mexico LLC vs Texas LLC (2026)
Compare New Mexico LLC vs Texas 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 4, 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. Texas 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 | Texas |
|---|---|---|
| Filing Fee | $50 | $300 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $0 | $0 |
| Annual Report Due | None required | May 15 |
| State Income Tax | Yes | No |
| 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 Texas LLC cost.
Business Climate: New Mexico vs Texas
| Factor | New Mexico | Texas |
|---|---|---|
| 5-year business survival rate | 46.3% (#46 of 51) | 52.5% (#20 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +12.6% YoY (#37 of 51 by volume) | +13.7% YoY (#3 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 Texas
New Mexico
Texas
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 Texas charges $300. New Mexico is $250 cheaper upfront. The cost that usually gets overlooked: if you form in Texas 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 Texas (typically around $150 per year). That puts the realistic first-year cost of the Texas route at roughly $550, versus $50 for simply forming in New Mexico. Speed isn't a basis for choosing between them: neither New Mexico nor Texas publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: New Mexico vs Texas
Texas has no personal income tax while New Mexico does, but forming your LLC in Texas won't change that. LLC profits pass through to you and are taxed where you live and operate (in New Mexico), not where the LLC is registered, so a Texas LLC offers no income-tax savings for a New Mexico-based business. Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
Privacy & Asset Protection
New Mexico, your home state, actually offers more formation privacy than Texas: New Mexico allows anonymous LLC formation, while Texas requires owner or manager information on public filings. The Certificate of Formation (Form 205) must name at least one governing person (member or manager), a public record; the annual Public Information Report also discloses management. 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 Texas.
Annual Maintenance Costs
New Mexico LLCs file no annual report at all, and Texas LLCs file a free annual report (due May 15). If you form in Texas while operating in New Mexico, you maintain filings in both states, Texas's report plus New Mexico's equivalent for your foreign registration, and pay a Texas registered agent roughly $150 per year. That brings ongoing costs of the Texas route to roughly $150 per year, versus about $0 to keep a domestic New Mexico LLC in good standing. One more recurring cost to budget for: Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
When Texas Actually Makes Sense
Forming in Texas makes sense in a few specific situations: your business genuinely operates in Texas, with a real office, employees, or property there, or you're relocating to Texas in the near future, which would also move you out of New Mexico's personal income tax. For a typical small business based in New Mexico, none of these usually apply. Registering a Texas LLC to do business back home means $100 in New Mexico foreign-registration fees, on top of Texas's $300 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 Texas doesn't apply to a New Mexico-based owner. Trading New Mexico's no-annual-report status for Texas's filing calendar is a step backwards for most owners. When in doubt, form where you actually do business.
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