Does Portugal have rules on controlled foreign companies?

Yes. Portugal has controlled-foreign-company rules in its corporate tax code, which came out of the EU Anti-Tax Avoidance Directive. Ask a Portuguese adviser for a written view on how they apply to your own LLC.

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

From Portugal, yes. US LLC formation does not require US residency, a US visit or a Social Security Number. Founders based in Portugal form New Mexico LLCs remotely using a registered agent for the required US address, and they apply for an EIN with "Foreign" or "N/A" in place of an SSN.

Can a Portuguese resident open a Mercury or Relay account?

Yes in principle. Portugal 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.

How long does a New Mexico LLC take from Portugal?

From Portugal, state approval in New Mexico typically takes a few business days to about two weeks depending on filing volume, and the EIN can often be obtained the same week by phone. Most founders have the LLC, the EIN and a bank application in 2-4 weeks.

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

From Portugal, only the federal one: Form 5472 with a pro forma Form 1120, due every year for a foreign-owned single-member LLC, with a $25,000 minimum penalty if missed. New Mexico has no annual report or fee to add.

What time can I phone the IRS from Portugal?

The IRS international line is open 6 a.m. to 11 p.m. Eastern. Portugal is five hours ahead of Eastern Time for most of the year, so the window is 11 a.m. to 4 a.m. Portuguese time, with a shorter gap on the few weeks when US and European clock changes differ.

Is the Portuguese Non-Habitual Resident regime still available?

The classic NHR regime stopped accepting ordinary new applications from 2024, and a short transitional window closed on 31 March 2025. A narrower regime called IFICI, often described as NHR 2.0, replaced it.

Form a New Mexico LLC from Portugal: Complete 2026 Guide

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

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$50 · State filing fee

None - New Mexico requires no an… · Annual fee

3-7 business days · Avg. filing time

Quick Summary

Country: Portugal
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)

Why New Mexico

What makes New Mexico worth a look for someone in Portugal: the state fee is $50 on paper ($50 online), and after that the state-level upkeep is $0 ever — New Mexico is one of the only states with no ongoing annual report or annual fee for LLCs. The state levies no tax on LLC income earned outside the state for non-resident owners. New Mexico does not publicly disclose member or manager names in its formation records. None of this changes your Portugal tax position, which sits on top of the US picture, but it does mean New Mexico itself adds little friction. Among the five states we cover, New Mexico is the only one of the five with no annual filing at all.

For Portuguese Founders

Portuguese 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. Portugal is in the euro area, so a Portuguese owner funds the LLC with an ordinary international transfer in euros converted to dollars. A Portuguese tax resident is taxed on worldwide income, so the main questions concern how Portugal treats the income and whether any special regime applies to you.

After Formation Checklist

Checklist once the EIN letter arrives: (1) Operating Agreement signed and stored; (2) bank account application submitted; (3) Stripe and/or PayPal applications, subject to their own review; (4) there is no New Mexico annual filing to calendar in your calendar; (5) Form 5472 with a pro forma 1120 on the federal calendar. Federal Beneficial Ownership Information reporting is not something you need to do: FinCEN's rule in force since August 14, 2026 permanently exempts all US-formed LLCs.

Is New Mexico Right For You

Choose New Mexico when 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. If your priorities lean another way, compare the other four states first, because moving a New Mexico LLC to another state later means dissolving it and forming a new one.

Calling The IRS From Portugal

The IRS international EIN line (267-941-1099) answers from 6 a.m. to 11 p.m. Eastern. Portugal is five hours ahead of Eastern Time for most of the year, so the window runs from 11 a.m. to 4 a.m. Portuguese time, with a shorter gap for a few weeks when the US and Europe change clocks on different dates. Any daytime or evening call is comfortable. Plan on 45-60 minutes.

Forming In New Mexico Step By Step

Forming from Portugal is a five-step job. One: choose and check the name. Two: appoint a registered agent with a physical New Mexico address. Three: file the New Mexico formation documents. Four: obtain the EIN, entering "Foreign" or "N/A" where Form SS-4 asks for an SSN or ITIN; by phone on 267-941-1099 it takes about 45-60 minutes, by fax or mail 4-6 weeks. Five: open the business bank account online. No US trip is needed at any point.

New Mexico LLC For Portuguese Founders

New Mexico suits a Portuguese 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 a Portuguese owner, the state fee is small beside the question of how Portugal treats the LLC's income, so plan for a written view from a Portuguese accountant before you form.

What A New Mexico LLC Costs From Portugal

Here is the first-year budget for a New Mexico LLC owned from Portugal. State filing: $50 ($50 online). Registered agent: typically $100-150 a year, or included in EasyBrise Global Launch at $295 for year one ($149 a year after that). EIN: free if you apply to the IRS yourself. Bank account: usually free at Mercury or Relay. Recurring state requirement: $0 ever — New Mexico is one of the only states with no ongoing annual report or annual fee for LLCs. Most founders land well under $500 all-in for year one.

Your Recurring Dates As A Portuguese Owner

As a Portuguese 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 11 a.m. to 4 a.m. Portuguese time for most of the year (the gap shrinks to four 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.

The United States Portugal Income Tax Treaty

A comprehensive income tax treaty between the United States and Portugal has been in force since the mid-1990s. It covers dividends, interest, royalties and tie-breaker rules for residency. For a typical founder whose LLC earns only non-US-source income, the treaty changes little in practice because there is usually no US federal income tax for it to reduce. It becomes more relevant if the LLC receives US-source income.

An LLC For Someone Planning To Move To Portugal

Many founders form the LLC first and move to Portugal later. The LLC and its US filings do not change when you move, but your Portuguese tax position does from the day you become resident. Raise the LLC with a Portuguese accountant before the move rather than after, so that any rule affecting foreign entities, and any choice about special regimes, is dealt with at the right time.

Portuguese Tax Residence And The Special Regimes

A person who is tax resident in Portugal is taxed on worldwide income. The Non-Habitual Resident regime stopped accepting ordinary new applications from 2024, and the narrower IFICI regime, often called NHR 2.0, replaced it. IFICI is aimed at listed high-value activities such as scientific research, qualified jobs in certified innovation projects and highly qualified roles, and pensions and passive income such as dividends generally fall outside it. Do not assume a freelancer with a US LLC qualifies. Portugal also has controlled-foreign-company rules in its corporate tax code, so ask a Portuguese adviser how your own structure is treated and ask for the answer in writing.

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 (Mercury / Relay)
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

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 Portugal

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