New Mexico LLC Late Fees: There Is Nothing to Be Late On

No annual report means no deadline and no late fee. What actually ends a New Mexico LLC is losing its registered agent, and the statute gives you 30 days plus a two-year window to put it right.

By Edmond Hui · Last updated: October 2026

New Mexico LLCs have no annual report deadline, so there is no annual report late fee. See details below.
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Late Fee Facts at a Glance

Annual report due
None required
Base fee
$0. New Mexico's LLC fee statute lists every LLC fee and includes no report fee.
Late penalty
None. There is no filing that can be late.
Grace period
Not applicable
Dissolution timeline
New Mexico revokes rather than dissolves, and not for failure to file a periodic report, because none exists. The common trigger is failure to maintain a registered agent
Step diagram for returning an LLC to good standing in New Mexico, which requires no annual report.
New Mexico requires no LLC annual report. What it still asks of an LLC, and how to fix a lapse. Source: New Mexico Secretary of State.

What Happens If You Miss the Deadline

Stage 1

Missing a report deadline

Nothing, because none exists. The Limited Liability Company Act contains no report provision of any period, and a New Mexico rule lists a domestic LLC's required documents in full as the articles of organization and a statement designating registered agent and office.

Fix:There is nothing to fix.
Stage 2

Going 30 days without a registered agent

This is the real trigger. New Mexico law permits the Secretary of State to revoke an LLC that "has failed for a period of thirty days to appoint and maintain a registered agent", or that has failed for 30 days after a change of registered office or agent to file the statement of change.

Fix:Yes. File the statement of change, which costs $20.
Stage 3

After administrative revocation

The LLC is revoked rather than dissolved. New Mexico uses revocation as its term of art here, and it is the Secretary of State's act rather than a court's.

Fix:Yes, for two years. New Mexico law allows an application for reinstatement "within two years after the effective date of revocation", and reinstatement "relates back to and takes effect as of the effective date of the administrative revocation".
Stage 4

Transacting business as an unregistered foreign LLC

The Act's only civil penalty, and it has nothing to do with reports. The Act charges a foreign LLC that transacts business in New Mexico without registering $200 for each year it did so.

Fix:Yes, by registering and paying the accrued penalty. Foreign registration costs $100.

How to Fix It: Step-by-Step

1

Check whether the problem is the registered agent

It usually is, because that is the only thing the Secretary of State can revoke an LLC over. Confirm the agent named in the state's records still exists, still consents, and still has the New Mexico address on file. New Mexico law requires the agent to be a New Mexico resident individual or a business entity with a place of business at the registered office.

2

File a statement of change

New Mexico law sets the fee at $20 for a statement of change of registered office or registered agent, or both. There is no penalty to clear first, because none accrues.

3

If the LLC was revoked, apply for reinstatement within two years

New Mexico law requires the application to recite the LLC's name and the effective date of revocation, state that the grounds either did not exist or have been eliminated, and state that the name still meets the state's naming rules. The statute names no form and sets no fee, and the LLC fee schedule does not list one, so check the Secretary of State's portal for the current charge rather than relying on a figure quoted elsewhere.

4

Separate out anything that is actually a tax matter

Most things genuinely overdue for a New Mexico LLC belong to Taxation and Revenue rather than the Secretary of State. Registration there is required of anyone engaging in business in New Mexico and produces a Business Tax Identification Number, the successor name to the CRS number, used for gross receipts tax, wage withholding and compensating tax. Filing frequency is assigned by the department.

Reinstatement After Dissolution

Reinstatement Possible?
Yes, within two years
How Long Allowed
Two years from the effective date of revocation, under New Mexico law.
Reinstatement Fee
Not set by statute. The LLC Act's fee schedule lists no reinstatement fee and its reinstatement rule requires none, so no figure is published here. Any $100 reinstatement fee you have seen quoted for New Mexico is not in the Act.
What You Lose During Dissolution
Less than a revocation notice suggests, provided you act inside the two years. New Mexico law makes reinstatement retroactive: it "relates back to and takes effect as of the effective date of the administrative revocation", so the gap closes rather than leaving a period of exposure behind it.

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each state publishes about filing deadlines, fees, and the consequences of missing them, with the sources this page cites. It cannot tell you what your own company owes: the date turns on when and where you formed, states change these rules between our reviews, and in several states an entity-level tax falls due in a year when no report does. Confirm your own dates with the filing office named on this page before you rely on one here, because missing a deadline can cost the company its good standing or, in many states, its existence.

Frequently Asked Questions

Sources

28 documents

Each entry below is a document recorded in our verified New Mexico sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

  • New Mexico statute: NMSA 1978 section 53-19-63 (LLC filing fees)
  • New Mexico statute: NMSA 1978 Section 53-19-66.1 (administrative revocation)
  • New Mexico statute: NMSA 1978 section 53-19-66.1 (administrative revocation)
  • New Mexico statute: section 53-19-63(I) (statement of change fee)
  • New Mexico statute: Section 53-19-66.2 (reinstatement)
  • New Mexico statute: Section 53-19-53(E) (unregistered foreign LLC penalty)
  • New Mexico statute: section 53-19-63 (LLC filing fees)
  • New Mexico statute: Section 53-19-5(A) (registered agent)
  • New Mexico statute: Section 53-19-63(I) (statement of change fee)
  • New Mexico statute: Section 53-19-66.2 (reinstatement application)
  • New Mexico statute: section 53-19-3 (LLC name requirements)
  • New Mexico statute: NMSA 1978 section 53-19-66.2(A) (two-year reinstatement window)
  • New Mexico statute: Section 53-19-63 (LLC filing fees)
  • New Mexico statute: section 53-19-66.2 (reinstatement)
  • New Mexico statute: Section 53-19-66.2(C) (reinstatement is retroactive)
  • New Mexico statute: NMSA 1978 sections 53-19-1 to 53-19-74 (New Mexico LLC Act)
  • New Mexico statute: section 53-19-53(E) (unregistered foreign LLC penalty)
  • New Mexico statute: section 53-5-7 (corporate report penalty)
  • New Mexico statute: section 53-5-2 (biennial corporate report)
  • New Mexico statute: sections 53-19-39 and 53-19-40 (dissolution)
  • New Mexico statute: section 53-19-66.2(C) (reinstatement is retroactive)
  • New Mexico statute: section 53-19-5(A) (registered office and agent)
  • New Mexico statute: section 7-2A-5.1 (corporate franchise tax)
  • New Mexico regulation: 3.15.100.8(A) NMAC (LLCs not subject to franchise tax)
  • New Mexico regulation: 3.15.100.8(B) (LLCs filing as corporations)
  • New Mexico rule: 12.3.4.11 NMAC (required LLC filings)
  • sos.nm.gov/business-services/New Mexico Secretary of State: business entity filings
  • nmonesource.com/nmos/nmsa/en/4400/1/document.doNew Mexico statute: annual report exemption
Related: How to form your LLC
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Edmond Hui

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

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