New Mexico

INITIAL FILING REQUIREMENTS TO BECOME A NEW MEXICO NONPROFIT

1. HOW TO INCORPORATE IN NEW MEXICO STATE:
   • File the Articles of Incorporation – Form DNP + 1 copy, and a signed statement by the registered agent
     • Send to: Secretary of State Corporations Bureau Chartered Documents Division 325 Don Gaspar, St. 300 Santa Fe, NM 87501
     • The filing fee is $25
     • For more information,
       • Website: https://www.sos.nm.gov/business-services/business-maintenance/domestic-nm-nonprofit-corporation/
       • Phone: (505) 827-4508
   •  File the Initial Report (within 30 days of the date on which the Secretary of State issued the Articles of Incorporation)
     • Send to: the same address as above.
     • The filing fee is $10
2. HOW TO OBTAIN 501(c) (3) TAX-EXEMPT STATUS:
   • File Form 1023 online at Pay.gov.
     • Filing fee is $600 ($275 for 1023-EZ Form)
     • For more information,
       • Website: www.irs.gov/charities 
       • Call:
         • (800) 829–3676 (Form related questions)
         • (800) 829–1040 (general information)
3. HOW TO REGISTER WITH THE NEW MEXICO STATE’S TAX AND REVENUE DEPARTMENT:
   • File Form ACD-31015
     • Note that Tax exempt organizations with no tax liabilities are not required to register. However, they may wish to do so in order to obtain Nontaxable Transaction Certificates which are used to claim exemption from the Gross Receipts Tax when purchasing tangibles or services.
     • Send to: Taxation and Revenue Department Manuel Lujan Sr. Building 1200 South St. Francis Dr. P.O. Box 5374 Santa Fe, NM 87502-5374
     • This form can also be filed online
     • There is no filing fee
     • For more information,
       • Website: https://www.tax.newmexico.gov/
       • Phone: (505) 827-0951
4. HOW TO OBTAIN CORPORATE INCOME AND FRANCHISE TAX EXEMPTIONS:
   • Generally, organizations are automatically exempt from income and franchise taxes.
   • If the organization has unrelated business income, then it must file the corporate income return and pay the appropriate tax.
5. HOW TO REGISTER WITH THE NEW MEXICO STATE’S ATTORNEY GENERAL:
   • Registration must be completed online. File a copy of the IRS Determination letter, a copy of the IRS 1023 application, a copy of the Articles of Incorporation and the Bylaws, and a copy of the most recent IRS Form 990.
     • There is no filing fee. However, the late-filing has a penalty of $100.
     • Note Some organizations may be exempt from registration and annual report. For details, refer to the Charitable Solicitations Statute.
     • Audit: Organizations that file Form 990 and have more than $500,000 in gross revenues, must also submit a copy of a full audit conducted by an independent CPA.
     • For more information,
       • Website: nmag.gov
       • Phone: (505) 827-6000

ANNUAL FILING REQUIREMENTS TO MAINTAIN A NEW MEXICO NON PROFIT

1. NEW MEXICO STATE’S ATTORNEY GENERAL:
   • File the Annual Report Form here.
     • Note that the due date is 4 and a half months after the end of the fiscal year
     • Send to: Secretary of State Corporations Bureau 325 Don Gaspar, St. 300 Santa Fe, Nm 87501
     • The filing fee is $10
     • For more information,
       • Website: https://portal.sos.state.nm.us/BFS/online
       • Phone: (505) 827-4508
2. INTERNAL REVENUE SERVICE:
   • File the Annual Return Form 990 with an online provider.
     • Note that the due date is 4 and a half months after the end of fiscal year.
     • A list of online providers can be found here.
     • There is no filing fee.
     • For more information,
       • Website: irs.gov/charities
       • Call:
         • (800) 829-3676 (Form related questions)
         • (800) 829-1040 (general information)
   • For Public Charities: Please go to the IRS website to determine which of the three forms to file: Form 990, Form 990-EZ, or Form 990-N.
   • For Private Foundations: You are required to submit the Form 990-PF.
3. NEW MEXICO STATE’S ATTORNEY GENERAL:
   • File the Annual Report Form online here.
     • Note that the due date is 6 months after the end of the fiscal year
     •  There is no filing fee. However, the late-filing penalty is $100
     •  Audit: Organizations that file IRS Form 990 and have more than $500,000 in gross revenues must also submit a copy of a full audit conducted by an independent CPA.
     • For more information,
       • Website: https://nmdoj.gov/
       • Phone: (505) 827-6000