Nonprofit Law Resource Library
State-By-State Initial Compliance - New Mexico
Initial Filings for New Mexico Nonprofit Organizations
For a general discussion on starting a nonprofit organization, please refer to our article, Starting a Nonprofit Organization.
To Incorporate in New Mexico
a. Check the name availability in New Mexico with the Public Regulation Commission's Corporation Bureau and then submit the Articles of Incorporation (Form DNP) with one duplicate copy and a signed statement by the registered agent to:
Public Regulation Commission
Corporations Bureau
PO Box 1269
Santa Fe, NM 87504-1269 Information: (505) 827-4511
Fax: (505) 827-4387
Web Site: www.nmprc.state.nm.us/
Filing Fee: $25b. Within 30 days of the date on which the Commission issues a Certificate of Incorporation, the organization must file an Initial Report. Submit this report to:
Public Regulation Commission
Corporations Bureau
PO Box 1269
Santa Fe, NM 87504-1269 Information: (505) 827-4511
Fax: (505) 827-4387
Web Site: www.nmprc.state.nm.us/
Filing Fee: $15To Obtain 501(c)(3) Tax-Exempt Status
Submit Form 1023, Application for Recognition of Exemption to:
Note new address:
Internal Revenue Service
P.O. Box 12192
Covington, KY 41012-0192 Information: (800) 829-1040
Forms: (800) 829-3676
Web Site: www.irs.gov/charities
Filing Fee: $750 ($300 if revenues less than $10,000/year)Note: User fees will increase for all applications for exemption (Forms 1023, 1024, and 1028) postmarked after January 3, 2010:
$ 400 for organizations whose gross receipts are $10,000 or less annually over a 4-year period
$ 850 for organizations whose gross receipts exceed $10,000 annually over a 4-year period
$ 3,000 for group exemption letters.
For more information on filing fees and for information on the IRS' new web initiative "Cyber Assistant", see the IRS website.To Register with the New Mexico Tax and Revenue Department
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. To register, submit form ACD-31015 to:
Taxation and Revenue Department
Manuel Lujan Sr. Building
1200 South St. Francis Drive
PO Box 5374
Santa Fe, NM 87502-5374 Information: (505) 827-0951
Fax: (505) 827-9876
Web Site: www.tax.state.nm.us
Filing Fee: $0Note: For more information, refer to the New Mexico Revenue Department's publication, Information for Nonprofit Organizations (FYI-103). To Obtain Corporate Income and Franchise Tax Exemptions
Federally exempt 501(c) organizations are automatically exempt from corporate income and franchise taxes and need not apply for exemption. If the organization has unrelated business income, then it must file the corporate income return and pay the appropriate tax on the unrelated income. For more information, refer to the New Mexico Revenue Department's publication, FYI-350.
To Obtain Gross Receipts Tax Exemption
Generally, Gross Receipts Tax is not due on nonprofit income such as donations, dues & registration fees and fundraisers. Gross Receipts Tax is due on income from unrelated trade or business. In addition, an organization must present Nontaxable Transaction Certificates to claim exemption from the Gross Receipts Tax when purchasing tangibles or services. Once an organization is registered with the New Mexico Tax and Revenue Department, it may apply for Nontaxable Transaction Certificates by submitting form CRS-1 to:
Taxation and Revenue Department
PO Box 5557
Santa Fe, NM 87502-5557 Information: (505) 827-0951
Fax: (505) 827-9876
Web Site: www.tax.state.nm.us
Filing Fee: $0To Register with the Attorney General
Before soliciting funds in New Mexico or within 30 days of filing IRS Form 1023 or Form 1024 (whichever comes first), submit the registration form along with 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 (if org. has completed 1 full year of operation and revenues in excess of $25,000) or Attorney General Report Form (if org. has completed 1 full year of operation and revenues less than $25,000) to:
Attorney General of New Mexico
Registry of Charitable Organizations
111 Lomas Blvd., N.W., Suite 300
Albuquerque, NM 87102 Information: (505) 222-9046
Fax: ( 505) 827-5826
Web Site: www.nmag.gov
Filing Fee: $0Notes: Religious organizations and educational institutions are exempt from registration and annual reporting requirements. Consult the Charitable Solicitations Statute to determine if your organization is exempt.
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.
Failure to file on time will result in a $100 penalty.
