RPD-41283 REV. 03/2010 Who Must File This Form: Remitters (payors) of oil and gas rents and royalties from property located in New Mexico who are required ANNUAL SUMMARY OF OIL AND GAS PROCEEDS WITHHOLDING.

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What is the application for refund of tax withheld from pass-through entities in New Mexico?

Withholding tax on the net income of a pass-through entity (PTE) reported on PTE New Mexico Information Return for Pass-Through Entities, use RPD-41373, Application for Refund of Tax Withheld From Pass-Through Entities.

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.

New Mexico imposes a tax on the net income of every resident and on the net income of every nonresident employed or engaged in business in, into or from this state or deriving any income from any property or employment within this state.

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.

A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying income tax at the highest marginal rate provided in Section 7-2A-5 NMSA 1978 on the members' pro rata or distributive shares of income of the pass-through entity from doing business in, or ...

This form allows for a taxpayer to request an e-file or e-pay exception if certain hardships exist or if the taxpayer is unable to gain access to the internet. See publica- tion FYI-108, Electronic Filing Mandate, for more information on who must file or pay electronically.

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