StructureCost2026

LLC or S corp for a lawyer in New Mexico (2026)

A lawyer in New Mexico with $180,000 of profit pays $53,924 a year in tax and fees as a sole proprietor and $55,009 as an LLC taxed as an S corp, with a $126,000 salary. The S corp starts to pay at about $272,500 of profit.

More settings revenue, salary, filing status, payroll costs, PTET

+$1,085 a year

more for an LLC taxed as an S corp than a sole proprietorship in New Mexico, at these numbers.

Switching from a sole proprietorship to an LLC taxed as an S corp starts to pay at about $272,500 of profit, with the same settings. Setting up costs $50 once in state filing fees. As an LLC taxed as an S corp this uses the state's pass-through entity tax election, which lowers the cost here.

New Mexico, 2026: $180,000 profit, single filer

ItemSole propLLC as S corpChange
Self-employment taxirs.gov, 2026 rates$25,433$0−$25,433
Federal income taxirs.gov, 2026 rates$21,625$26,584+$4,959
State income tax, after the PTET creditrealfile.tax.newmexico.gov, checked Oct 20, 2026$6,866$4,422−$2,444
Payroll tax on your salaryirs.gov, 2026 rates$0$19,668+$19,668
Payroll service and tax return (estimate)$0$1,800+$1,800
New Mexico corporate franchise taxtax.newmexico.gov, checked Oct 20, 2026$0$50+$50
New Mexico pass-through entity tax, paid by the company (elected)tax.newmexico.gov, checked Oct 20, 2026$0$2,485+$2,485
Yearly cost$53,924$55,009+$1,085
What these figures count
  • State income tax, and state taxes on the business itself: franchise, LLC, S corp, gross receipts and excise taxes.
  • Social Security and Medicare on both sides of an owner salary, federal unemployment tax and the state's new-employer rate.
  • The 20% qualified business income deduction with its income limits and the professional-service rule.
  • Yearly report fees, and a cost you can change for payroll and the business tax return.

Many S corp calculators leave out state taxes and the QBI deduction, which can make the election look better than it is.

At three profit levels

ProfitSalary usedSole propLLCLLC as S corpC corp
$120,000$84,000$32,595$32,595$33,394$38,711
$180,000$126,000$53,924$53,924$55,009$62,503
$260,000$160,000$84,436$84,436$82,273$95,977

Salary is the BLS median for the job ($159,670), capped at 70% of profit. Revenue 2.1 times profit. Single filer.

What matters for lawyers

What the switch takes in New Mexico

  1. File the Articles of Organization with the state: $50 (fee).
  2. Get an EIN from the IRS (free, online) and open a business bank account in the new name.
  3. Check the business can elect: no more than 100 shareholders, all of them US citizens or residents (no nonresident alien owners), and one class of stock. IRS
  4. File IRS Form 2553 to elect S corp tax treatment, within 2 months and 15 days of the start of the tax year it should apply to. See how the S corp election works.
  5. Register with New Mexico as an employer and run payroll for your own salary: federal Forms 941 each quarter, Form 940 and a W-2 each year. New employers pay New Mexico unemployment tax at 1% on the first $34,800 of wages. oui.doleta.gov See what payroll costs.
  6. Federal return each year: Form 1120-S, due March 15, plus your own Form 1040.
  7. State upkeep each year: no yearly report fee, due no report required. New for you: New Mexico corporate franchise tax.

Questions

Should a lawyer in New Mexico form an S corp?

At $180,000 of profit, not on these figures: the S corp costs $1,085 a year more than staying a sole proprietor.

Is an LLC worth it for a lawyer in New Mexico?

For tax, a single-member LLC changes nothing: $53,924 a year against $53,924, the difference being New Mexico's LLC fees. It separates business liability and is the base for an S corp election.

More

Other professions in New Mexico
Other states