How to Start an S-corp in New Mexico

Have you been dreaming of starting your own business in New Mexico? Turning your entrepreneurial spirit into a successful venture can be challenging but it is achievable. One of the first steps in making that dream come true is deciding on the type of business entity that will suit your business needs the most. One option is the S-corporation or S-corp for short.

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An S-corp has several advantages over other types of business entities such as Limited Liability Companies (LLC), C-corporations, and sole proprietorships. One major advantage is that S-corporations enjoy pass-through taxation. Pass-through taxation means that the company’s earnings flow through to the owners’ personal tax returns, so the business avoids paying income taxes at the company level. S-corps are also subject to lower tax rates compared to other corporations, as the income is treated as personal income.

In this article, we'll discuss how to start an s-corp in new mexico.

Step-by-Step Guide to Starting an S-corp in New Mexico

Step 1: Choose a Name for Your S-corp

When coming up with a name for your S-corp, it's helpful to choose a name that is not similar to an existing business or trademarked name. You can use the Secretary of State website to search for registered names and trademarks in New Mexico. The name must end with the words "Incorporated", "Limited", or "Corp." For example, "ABC Incorporated".

###Step 2: Register Your S-corp

To register your S-corp, you'll need to file Articles of Incorporation with the Secretary of State’s office in New Mexico. Articles of Incorporation are a legal document that outlines important information about your business, such as the name, location, and purpose of the S-corp. The Secretary of State’s website has the required forms for incorporation.

###Step 3: Determine Tax Obligations

S-corps are subject to both federal and state income taxes because they never pay income taxes directly to the federal or state governments. Instead, profits and losses “pass-through” to the S-corp's shareholders. In other words, the income and losses are taxed on the personal income tax returns of the individual S-corp shareholders. It is crucial to work with a certified public accountant (CPA) to ensure that your tax obligations are correct.

###Step 4: Draft Bylaws for Your S-corp

Bylaws can help you govern your corporation and help outline key aspects of its internal structure, such as the number of directors, the duties of officers, and how to resolve internal disagreements. Bylaws must be separate from the articles of incorporation that you file with the Secretary of State. You can draft your bylaws or you may want to consult with an attorney to ensure compliance.

###Step 5: Obtain Required Permits and Licenses

Before you can operate an S-corp in New Mexico, you'll need to obtain necessary licenses and permits from federal and state agencies. Find out if any permits and licenses are required for the type of business you'll be running.

Step 6: Hold the Initial Meeting

Once your S-corp is registered with the Secretary of State, you need to conduct the initial board of directors meeting to lay the foundation for bylaws, operating agreements and share issuing. It would be best to hire a corporate lawyer to assist you regarding said meeting.

###Step 7: Issue Shares

The final step in the incorporation process is for the founding shareholders to make capital contributions, or payments for their shares, and for the corporation to issue them. A stock ledger should be created and the number of shares issued should be listed against the shareholder’s name.

Conclusion

Starting an S-corporation can be an excellent option for small businesses and entrepreneurs looking to enjoy pass-through taxation, protect their assets, and take advantage of other benefits. In order to complete the process of starting up an S-corporation in New Mexico, you will need to follow these 7 steps. Review them carefully and consult your attorney, CPA or professional adviser to ensure you complete all of them fully in compliance with the regulations in New Mexico.

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