State guide · New Mexico · 2026 rules

S corporation in New Mexico: what the election changes

New Mexico does not tax an S corporation’s income, but the election adds a $50 franchise tax each year. Unemployment tax on your salary is the other change.

Updated October 24, 202610 official sources

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You’ll need: last year’s Schedule C (line 31) and the W-2 from any job you also hold. Everything else starts at a typical value you can change.

Each state treats the election differently. The check shows only the questions that matter there.
Your business's profit after expenses. Money you take out for yourself does not lower it.
Where do I find this?

Schedule C, line 31 (“Net profit or (loss)”) on last year’s return.

For this year: sales minus business expenses so far, scaled to a full year. Owner draws are not an expense.

What you would pay yourself through payroll. The IRS expects a reasonable salary for the work you do.
Where do I find this?

No form shows this yet: you choose it. It should be about what you would pay someone else to do your work.

The salary finder just below shows what employees in your job earn in your state or metro area. What the IRS looks at.

Salary finder: what people in your job earn (BLS)
Pick the job closest to what you do most of the week.
Pick your metro area if it is listed. Pay varies by area.
Another job
Typical values: change them if you know yours
Published one-person prices: $492 to $684 a year (October 2026).
Where do I find this?

Your payroll provider’s price page or quote, for one employee: you. Published prices compared.

A survey average: the fee for Form 1120-S minus the fee for Schedule C (2020 fees).
Where do I find this?

Ask your preparer what a Form 1120-S (the S corporation’s own return) would cost, then subtract what you pay now for Schedule C.

Not sure? Keep 22%. It changes line 5 only.
Where do I find this?

Your taxable income is on Form 1040, line 15. Find the rate for that income and your filing status in the IRS rates and brackets table.

Changes the result only above $200,000 of earnings ($250,000 if married filing jointly, $125,000 if married filing separately).
Where do I find this?

The box checked under Filing Status at the top of your Form 1040.

Choose a state and enter your profit and salary to see the comparison.

A $50 franchise tax starts with the election

A single-member LLC that stays disregarded, or a sole proprietorship, owes no New Mexico franchise tax. An LLC that files as a corporation for federal tax owes the flat $50 corporate franchise tax every year, including short years.

The income itself still passes through to you, as it does today. New Mexico follows the federal return: the S corporation files Form S-Corp, which carries the franchise tax, and there is no separate state election form.

Payroll taxes on your salary

Unemployment insurance: a new employer pays its industry’s average rate or 1%, whichever is higher (1.00% to 1.28% in 2026), on the first $34,800 of wages. Professional services pay 1.00%. The state’s rule counts corporate officers paid wages as employees.

Workers’ compensation coverage, and the quarterly fee that comes with it, is required only at three or more workers, or at any size for a licensed construction business. A one-person business outside construction pays the fee only if it chooses coverage.

The optional pass-through entity tax

A one-owner S corporation can elect each year to pay tax at the entity level, at 5.9%, by completing that section of Form S-Corp. You get a credit for the tax, reported to you on Form RPD-41359. The calculator leaves it out.

Worked examples

A single-member LLC owner, single filer, 22% federal bracket, default payroll and return costs. The figure is total tax and added costs as an S corporation compared with staying as you are.

Profit / salaryStatewide
$80,000 / $45,000$607 lower
$120,000 / $60,000$3,008 lower
$200,000 / $90,000$7,789 lower

Starting payroll in New Mexico

Register for state withholding with the New Mexico Taxation and Revenue Department through TAP, and for unemployment insurance with the New Mexico Department of Workforce Solutions.

New hire paperwork for New Mexico

Other states

Sources

Ready to elect? See the Form 2553 steps.

Electing S corp status