1. Businesses
  2. Who must register a business?

Who must register a business?

Anyone who engages in business in New Mexico must register with the Taxation and Revenue Department.

“Engaging in business” means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit. For a person who lacks physical presence in this state, including a marketplace provider, “engaging in business” means having, in the previous calendar year, total taxable gross receipts from sales, leases and licenses of tangible personal property, sales of licenses and sales of services and licenses for use of real property sourced to this state pursuant to Section 7-1-14 NMSA 1978, of at least one hundred thousand dollars ($100,000).

After registering you will receive a New Mexico Business Tax Identification Number. You will receive individual state tax ID numbers for the following accounts if they apply to your business:

  • Compensating Tax
  • Governmental Gross Receipts Tax
  • Gross Receipts Tax
  • Interstate Telecommunication Gross Receipts Tax
  • Leased Vehicle Gross Receipts Tax and Surcharge
  • Non-wage Withholding Tax
  • Wage Withholding Tax

Each Business Tax Identification Number is used to report and pay tax collected on the above programs from business conducted in New Mexico.

Oil and Gas

A person or business that produces oil and gas must obtain an Oil and Gas Reporting Identification Number (OGRID). This is different from a Business Tax Identification Number. For information about obtaining an OGRID, please contact our Oil and Gas Bureau at (505) 827-0812. Persons or businesses that must obtain an OGRID include those that produce:

  • oil; natural gas;
  • liquid hydrocarbons;
  • carbon dioxide;
  • helium, or other non-hydrocarbon gas.

A Business Tax Identification Number is not required for those who must pay withholding tax on oil or gas proceeds payments to nonresidents of New Mexico for wells located in this state. Pay those withholdings using RPD-41284, Quarterly Oil and Gas Proceeds Withholding Tax Return.

Corporations

A corporation must obtain a Business Tax Identification Number if it has any of the following taxes to report:

  • Compensating Tax:
  • Governmental Gross Receipts Tax
  • Gross Receipts Tax
  • Interstate Telecommunication Gross Receipts Tax
  • Leased Vehicle Gross Receipts Tax and Surcharge
  • Non-wage Withholding Tax
  • Wage Withholding Tax

A corporation without liability for those taxes and is not required to obtain a Business Tax Identification Number, may still be required to file a New Mexico corporate income and franchise tax return.

A corporation also must register with the New Mexico Secretary of State’s Office.

How to Apply for a Business Tax Identification Number

You can apply for a Business Tax Identification Number Online at our website here.

You will click “Apply for a New Mexico Business Tax ID” and follow the prompts. Upon completion and approval of the online application you may log in with the credentials set up during the application.

Any entity other than a sole proprietor/individual owner that does not have employees must obtain a Federal Employer Identification Number (FEIN). The IRS issues this number. To contact the IRS, call 1-800-829-4933, or click FEIN online.

There is no fee to register or obtain a Business Tax Identification Number.

You may also submit an ACD-31015 Business Tax Registration to any district tax office with an appointment. Applications submitted by mail are processed in the order received and processing times may vary. We then mail the Registration certificate for your Business Tax Identification Number to you. Applications for Business Tax Identification Numbers are also available at many city, village and town halls around the state.

Special Tax Programs

There are some cases in which certain businesses need another kind of registration in addition to the Business Tax ID Number. Special registration is required for sales of cigarettes, tobacco products, and liquor, for water production, for gasoline and special fuels, and for businesses engaged in severance and resources activities. Submit form ACD-31015 Business Tax Registration or visit your district tax office if you prefer to complete the form in person.

Links

TRD local District Offices

New Mexico Secretary of State

Corporations Bureau
325 Don Gaspar, Suite 300
Santa Fe, NM 87501

For assistance, please call 505-827-3600 option #1
In-State Toll-Free Phone: 1-800-477-3632
Or Online