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RPD-41355 Rev 08/02/2011 STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT QUARTERLY PASS-THROUGH ENTITY WITHHOLDING TAX RETURN Who Must File: Beginning January 1, 2011, a pass-through entity (PTE).

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Because Form RPD-41071, and the required attachments cannot be submitted electronically, you must promptly submit those paper forms and attachments separately. Mail Form RPD-41071 and other required attachments to New Mexico Taxation and Revenue Department, P.O. Box 630, Santa Fe, New Mexico 87504-0630.

The pass-through entity must file and pay the tax using form RPD-41367, Annual Withholding of Net Income From a Pass-Through Entity Detail Report. Form RPD-41367 can be filed and paid electronically on the Department's web file services page or through a third-party software.

New Mexico does not have a form equivalent to the federal Form W-4. For New Mexico withholding tax, you should use a federal W-4 and write across the top of that form: “For New Mexico Withholding Tax Only.” Retain it in your files for reference.

Everyone who is required to file a New Mexico personal income tax return must complete and file a form PIT-1, New Mexico Personal Income Tax Return. Depending upon your residency status and your own personal situation, you may need other forms and schedules.

Pay online on Taxpayer Access Point (TAP) Making a payment online at the department website, Taxpayer Access Point (TAP). TAP is fast, easy, and electronic check payments are free. After you submit your payment information, you will receive an online confirmation.

Residents must file if: You are required to file a federal return. You want a refund for any New Mexico withholdings from your wages. You want to claim any New Mexico credits.

Annual statements of withholding should not be submitted to the Department, but must be submitted to the taxpayer using form RPD-41359, Annual Statement of Pass-Through Entity Withholding, or 1099-Misc.

The State of New Mexico requires pass-through entities (which may be a state law partnership or a limited liability company taxed as a partnership) to withhold tax at 5.9% on earnings of non-resident partners or members if the owner's distributive share of net income is over $100 in a year.

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