Can I form an LLC in New Mexico if I live in Austria and have never visited the US?

For owners in Austria: yes, entirely remotely. New Mexico does not ask for residency or a trip to the US, and no SSN is required. A registered agent provides the New Mexico address, and the EIN application uses "Foreign" or "N/A" where an SSN would go.

Does Austria have rules on low-taxed foreign income?

BDO describes rules from 1 January 2019 for Austrian corporations with more than half of a foreign company, more than one third passive income and a foreign rate of 12.5 percent or less. The summary does not mention individuals.

How long does a New Mexico LLC take from Austria?

For owners in Austria: expect a few business days to roughly two weeks for New Mexico to approve the filing, depending on volume. The EIN by phone is usually same-week, so formation, EIN and a submitted bank application commonly take 2-4 weeks in total.

Can an Austrian resident open a Mercury or Relay account?

Yes in principle. Austria is not on Mercury's prohibited list (residence-based) or on Relay's list (owners' citizenship or residency), subject to each bank's own review.

What time can I phone the IRS from Austria?

The IRS international line is open 6 a.m. to 11 p.m. Eastern. Austria is six hours ahead of Eastern Time for most of the year, so the window is noon to 5 a.m. Austrian time, with a shorter gap on the few weeks when US and European clock changes differ.

What ongoing filings does an Austrian founder need for a New Mexico LLC?

For owners in Austria: the federal Form 5472 and pro forma Form 1120 are due every year ($25,000 minimum penalty if missed). On the state side, New Mexico requires nothing recurring: no annual report and no annual fee, ever.

How does Austria classify a US LLC?

Austria compares a foreign entity with the closest Austrian entity type, and only Austrian law decides. The result may be transparent or opaque, so get a written view from an Austrian chartered accountant or tax adviser.

Form a New Mexico LLC from Austria: Complete 2026 Guide

Everything an Austria-based founder needs to form, bank, and run a New Mexico LLC — costs, EIN process, and tax angles specific to Austria.

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$50 · State filing fee

None - New Mexico requires no… · Annual fee

3-7 business days · Avg. filing time

Wire/ACH via a US business bank… · Transfer method

Quick Summary

Country: Austria
State: New Mexico
Avg. filing time: 3-7 business days
State filing fee: $50
Annual report fee: None - New Mexico requires no annual report and no franchise tax of any kind for a standard LLC (the only US state offering true zero ongoing state-level filing)
Transfer method: Wire/ACH via a US business bank account (eligibility depends on your country of residence and citizenship)

What It Costs

Forming in New Mexico costs $50 in state fees ($50 online where available). Add a registered agent, which every state requires and which typically runs $100-150 a year, a free IRS EIN application, and a US business bank account that is usually free with Mercury or Relay. Ongoing state cost: $0 ever — New Mexico is one of the only states with no ongoing annual report or annual fee for LLCs. EasyBrise's Global Launch plan is $295 for year one including a registered agent, then $149 a year to renew, so most founders in Austria budget well under $500 for the first year, state fee included.

Why New Mexico

New Mexico is a common choice for Austrian founders who want a US LLC without moving to the US. Filing costs $50 by mail ($50 online where available), and the yearly state obligation is $0 ever — New Mexico is one of the only states with no ongoing annual report or annual fee for LLCs. New Mexico has no tax on LLC income earned outside the state for non-resident owners, which keeps state-level compliance simple, although what Austria does with the LLC's profits is a separate question. On privacy: New Mexico does not publicly disclose member or manager names in its formation records. In short, New Mexico is the only one of the five with no annual filing at all.

For Austrian Founders

Austrian freelancers, developers, consultants and online sellers form US LLCs to invoice international clients in dollars, hold a US business bank account and present a domestic US vendor to American customers. Austria is in the euro area, so a founder funds the LLC with an ordinary international transfer in euros converted to dollars. The Austrian tax analysis turns on how the LLC is classified, so plan to get a written view from an Austrian adviser.

Who This State Is For

New Mexico tends to be the right fit if minimizing ongoing paperwork is the top priority — no annual report, ever, is unique among these five states — and strict privacy matters more to you than name recognition. Compare it with the other four states on cost, privacy and reporting before filing; switching states later means dissolving and re-forming rather than a simple amendment.

Post Formation Checklist

After your New Mexico LLC and EIN are in place: sign an Operating Agreement (banks and payment processors ask for it even where the state doesn't), skip BOI reporting because FinCEN's rule in force since August 14, 2026 permanently exempts all US-formed LLCs, open the bank account, apply to Stripe or PayPal (each runs its own eligibility review), and put there is no New Mexico annual filing to calendar plus the federal Form 5472 and pro forma 1120 deadline in your calendar.

Calling The IRS From Austria

The IRS international EIN line (267-941-1099) answers from 6 a.m. to 11 p.m. Eastern. Austria is six hours ahead of Eastern Time for most of the year, so the window runs from noon to 5 a.m. Austrian time, with a shorter gap for a few weeks when the US and Europe change clocks on different dates. Call in your afternoon or early evening and plan on 45-60 minutes.

How The Formation Process Works

The steps are the same for any Austria-based founder: pick a name, file Articles of Organization with the New Mexico Secretary of State (yourself or through your registered agent), appoint a registered agent with a physical New Mexico address, then apply for an EIN. You have no US Social Security Number, so on Form SS-4 you enter "Foreign" or "N/A" in that field. The phone route (267-941-1099, international callers) usually takes 45-60 minutes on the line; fax or mail takes 4-6 weeks. With the EIN in hand you apply for a US business bank account remotely.

New Mexico LLC For Austrian Founders

New Mexico suits an Austrian founder who wants the lightest US paperwork: a $50 filing fee, no annual state report and no annual fee, leaving only the federal Form 5472 and pro forma 1120.

Five Year State Cost Of A New Mexico LLC

Over five years, the state-level cost of a New Mexico LLC is a $50 filing fee and nothing recurring, so $50 in total, before the registered agent. That makes New Mexico the cheapest of the five states on this measure. The same arithmetic across the five states runs from $50 to $2,110. For an Austrian owner, the first question is how Austria classifies the LLC, because that decides whether profit is taxed as it arises or only when you take it out.

Your Recurring Dates As An Austrian Owner

As an Austrian owner, your recurring dates look like this. State: New Mexico adds no state annual filing at all. Federal: Form 5472 with the pro forma Form 1120 is due on the return due date, April 15 for a calendar-year LLC, extendable with Form 7004. For the one-off EIN call, the IRS line (6 a.m. to 11 p.m. Eastern) is open noon to 5 a.m. Austrian time for most of the year (the gap shrinks to five hours for a few weeks when US and European clock changes fall on different dates). Put the state date and the federal date in your calendar when the EIN arrives, because a missed Form 5472 carries a $25,000 minimum penalty.

Austria S Rules On Low Taxed Passive Income

BDO's summary describes rules, effective 1 January 2019, for Austrian corporations holding more than half of a foreign company where more than one third of its income is passive and its effective foreign tax rate is 12.5 percent or less, with an exemption for substantial economic activity. The summary says the rules apply to corporations and does not mention individuals. If you own the LLC through an Austrian company, ask your adviser whether they apply.

The United States Austria Income Tax Treaty

Austria appears among the partners with a US income tax treaty. It covers dividends, interest, royalties and tie-breaker rules for residency, and you can confirm the details in the IRS treaty tables. For a typical founder whose LLC earns only non-US-source income, the treaty changes little for US tax because there is usually no US federal income tax for it to reduce.

Austrian Classification Of A US LLC And CFC Rules

An Austrian tax adviser's note says Austria classifies a foreign entity by comparing it with the closest Austrian entity type, and that only Austrian law decides comparability. If the LLC is treated as transparent, its income is attributed directly to the owners. If it is treated as opaque, owners are generally taxed when profits are distributed. For individuals the note mentions progressive rates of up to 55 percent and, for distributions, a special flat rate of 27.5 percent, depending on classification. Separate Austrian rules on low-taxed passive income, in force from 1 January 2019, are described in a BDO summary for Austrian corporations, and that summary does not mention individuals.

Requirements

Requirement	Needed
US Social Security Number
US visit required
Registered agent with US address
New Mexico annual filing
Federal Form 5472 + pro forma 1120

Costs

Item	Cost
State filing fee	$50 (mail) / $50 (online)
Registered agent (annual)	$100-150/yr (or included in EasyBrise Global Launch)
EIN application	Free via IRS (or via a paid service)
US business bank account	Free at most US business banks (eligibility varies by country)
EasyBrise Global Launch (year 1, incl. registered agent)	$295
EasyBrise renewal (year 2+)	$149/yr

Who Should Choose New Mexico

Choose New Mexico if

minimizing ongoing paperwork is the top priority — no annual report, ever, is unique among these five states — and strict privacy matters more to you than name recognition

Consider another state if

your priorities (fundraising plans, revenue level, or reporting tolerance) point more strongly to one of the other four states in the comparison table above.

Comparison

State	Filing Fee	Annual Requirement	State Income Tax	Privacy
Wyoming	$100 mail / $102 online	$60	None	No public member names
Delaware	$110	$400 flat annual franchise tax	None	No public member names
Texas	$300	$0 franchise tax for LLCs with revenue below the no-tax-due threshold	None	No public member names
New Mexico	$50	$0 ever	None	No public member names
Florida	$125	$138.75 mandatory annual report fee, due every year	None	Member names public

Taxes

Comprehensive US-Austria tax treaty in force since 1996, plus a social security totalization agreement and a separate estate/gift tax treaty

Banking

Mercury
Popular with non-resident founders; requires US LLC + EIN; no US visit needed
Relay
Remote-friendly for non-residents; requires formed US entity

Frequently Asked Questions

More guides for founders in Austria

Or browse all formation guides by country.

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