New Mexico Nonprofit Compliance

Required annual filings

This guide covers the required filings to maintain a nonprofit corporation in New Mexico. If you are looking to form nonprofit in New Mexico, please visit our Start Your New Mexico Nonprofit guide. The steps below apply to nonprofits that are both incorporated and foreign qualified in New Mexico. Please note that this is a general list and may not be exhaustive or applicable to all nonprofits.

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1 File IRS Form 990
Agency:Internal Revenue Service (IRS)
Form:

IRS Form 990-N, 990-EZ, 990-PF or 990

Instructions:

See Form 990 Thresholds to determine which form to file.  Then see Current Form 990 Series for instructions.

Due:

By the 15th day of the 5th month following the end of the taxable year.  For most organizations, the tax year ends December 31 so the Form 990 is due May 15.

Fact Checked:8/28/19
2 File New Mexico Corporate Tax Exemption Renewals

Not required



There is no renewal requirement for New Mexico corporate income tax exemption.

More information: New Mexico Taxation and Revenue Department
3 File New Mexico Sales Tax Exemption Renewals

Not required



New Mexico does not have a renewal requirement for sales tax exemption, but organization information most be kept up to date.

4 File New Mexico Annual Report
Agency:New Mexico Secretary of State - Corporations Bureau
Filing Method:

Online

Agency Fee:

$10

Due:

Annually by four months and fifteen days after the close or your fiscal year, usually May 15th. Confused? Look-up your corporate record and next report due date here.

Law:

53-8-83 NMSA 1978

Penalties:

$10 late fee.

Notes:
  • An officer must file.
Fact Checked:8/6/20
5 Renew the Charitable Solicitation Registration

New Mexico Charitable Organization Registration

Agency:New Mexico Attorney General - Charities Unit
Law:

New Mexico Statutes Ann. § 57-22-1 et seq.

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?Yes
Fact Checked:4/10/20

Automatic Exemption

Exemption Eligible Organizations:
  • Religious organizations
  • Educational institutions and organizations defined in Section 6-5A-1 NMSA 1978
  • Persons soliciting for an individual or group that has suffered a medical or other catastrophe if the individual or group is identified by name at the time of the solicitation, the purpose for the solicited contribution is clearly stated, and the gross contributions collected, without any deductions for or by the solicitor or any other person, are deposited directly to an account in the name of the individual or group in a local federally insured financial institution established for that sole purpose and solely used for the direct benefit of the named individual or group as beneficiary
Fact Checked:1/16/20

Initial Registration

Filing Method:

Online at NM-COROS

Agency Fee:

$0

Turnaround:

2-3 weeks

Due:

Within 30 days of incorporation.

Notes:
  • The CFO (or another authorized officer) signs online. You will get immediate confirmation of receipt as you file online.
  • Some New Mexico counties and municipalities may require charities that solicit in-person to register prior to fundraising.
Before you Apply:

Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • Appoint a registered agent to receive legal documents in New Mexico.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • Appoint a registered agent to receive legal documents in New Mexico.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • If you will foreign qualify in New Mexico, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 30 days old when filing foreign qualification documents.
How to Apply:

Domestic Applicants:

  1. File entity formation documents with the New Mexico Secretary of State - Corporations Bureau.
  2. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in New Mexico. If not required, skip to number 3.
  2. File foreign qualification documents with the New Mexico Secretary of State - Corporations Bureau.
  3. Create an NM-COROS account and complete the charitable organization registration through the New Mexico Attorney General - Charities Unit.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
  • IRS form 1023 (if established after 1987)
  • List of officers and directors
  • Professional fundraising contracts
Fact Checked:4/14/20

Registration Renewal

Filing Method:

Online at NM-COROS

Agency Fee:

$0

Due:

Due annually 6 months after the close of your fiscal year. So if your fiscal year ends December 31, renewal is due June 30.

Due Date Extension:

Due dates can be extended for 6 months beyond the original due date by submitting a request for extension through the online portal.

Penalties:

There is a $100 late fee for failing to file on time.

Required Attachments:

  • IRS form 990
  • Audited accrual basis financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws
Fact Checked:2/4/20

Change of Fiscal Year

Agency Fee:

$0

Turnaround:

1-2 business days

Notes:

Email Charity.Registrar@nmag.gov to update fiscal year.

Fact Checked:12/7/18

Cancellation

Agency Fee:

$0

Notes:

To close out your registration, file final reporting documents as requested by the state. Also submit a notarized letter with the following text: "AS OF (DATE), (ORGANIZATION NAME & FEIN ) NO LONGER EXISTS, OPERATES OR SOLICITS IN NEW MEXICO, THEREFORE PLEASE WITHDRAW THEIR REGISTRATION.".

Fact Checked:7/14/20
6Maintain a New Mexico Registered Agent

Maintain a registered agent that has a street address in New Mexico. The registered agent is responsible for receiving legal documents such as service of process. Appointing a registered agent service is often preferable to listing an officer or director, as their information often changes. Consider using our registered agent service in Santa Fe , NM to maintain compliance with the state requirement.


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Fundraising Compliance

Learn how to stay compliant with charitable solicitation laws.

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