New Mexico Annual Statement of Withholding of Oil and Gas Proceeds

Annual Statement of Withholding of Oil and Gas Proceeds
Form RPD-41285 (Obsolete)
RPD-41285
Rev. 09/02/2014

New Mexico Taxation and Revenue Department

Annual Statement of Withholding of Oil and Gas Proceeds

Tax Year

Remitter’s federal identification number

Remitter’s (payer’s) name, street address, city,
state, ZIP code, and phone number

Remitter’s CRS identification number (optional)

Mark box if address
outside the U.S.

Remittee’s (recipient’s) name, street address, city,
state, and ZIP code

Mark one	
box	

Remittee’s federal identification number

Mark one	
box	

FEIN
SSN

FEIN
SSN

Gross oil and gas proceeds

New Mexico state tax withheld
Mark box if address
outside the U.S.

Remittees (recipients) must attach this form to their New Mexico state income tax return to claim
the amount of tax withheld against personal income or corporate income tax due.
RPD-41285
Rev. 09/02/2014

New Mexico Taxation and Revenue Department

Annual Statement of Withholding of Oil and Gas Proceeds

Tax Year

Remitter’s federal identification number

Remitter’s (payer’s) name, street address, city,
state, ZIP code, and phone number

Remitter’s CRS identification number (optional)

Mark box if address
outside the U.S.

Remittee’s (recipient’s) name, street address, city,
state, and ZIP code

Remittee’s federal identification number

Mark one	
box	

Mark one	
box	

FEIN
SSN

FEIN
SSN

Gross oil and gas proceeds

New Mexico state tax withheld
Mark box if address
outside the U.S.

Remittees (recipients) must attach this form to their New Mexico state income tax return to claim
the amount of tax withheld against personal income or corporate income tax due.
RPD-41285
Rev. 09/02/2014

New Mexico Taxation and Revenue Department

Annual Statement of Withholding of Oil and Gas Proceeds

Tax Year

Remitter’s federal identification number

Remitter’s (payer’s) name, street address, city,
state, ZIP code, and phone number

Remitter’s CRS identification number (optional)

Mark box if address
outside the U.S.

Remittee’s (recipient’s) name, street address, city,
state, and ZIP code

Remittee’s federal identification number

Mark one	
box	

Mark one	
box	

Gross oil and gas proceeds

New Mexico state tax withheld
Mark box if address
outside the U.S.

Remittees (recipients) must attach this form to their New Mexico state income tax return to claim
the amount of tax withheld against personal income or corporate income tax due.

FEIN
SSN

FEIN
SSN

RPD-41285
Rev. 09/02/2014

New Mexico Taxation and Revenue Department

Annual Statement of Withholding of Oil and Gas Proceeds
Instructions
page 1 of 2

Who Must File. Remitters (payers) of oil and gas proceeds
from oil and gas production from a well located in New Mexico,
who are subject to withholding tax from payments to remittees (recipients), according to the Oil and Gas Proceeds and
Pass-Through Entity Withholding Tax Act (Sections 7-3A-1
through 7-3A-9 NMSA 1978), are required to annually submit
RPD-41285, Annual Statement of Withholding of Oil and Gas
Proceeds, Form 1099-MISC, or pro forma Form 1099-MISC
(the remitter may use any of these three forms) to:
•	 New Mexico Taxation and Revenue Department
•	 Remittees
Remittees must attach the forms received from the remitters
to their New Mexico state income tax returns when claiming
the amount of New Mexico income and tax withheld against
their personal income or corporate income tax due.
IMPORTANT: If the remitter did not pay oil and gas proceeds
for a calendar year, no filings are required for that year.
Requirement to Compare Tax Records. The Department is
required to compare a remitter’s tax information with a remittee’s records. If the Department determines that a remittee
is not paying the proper tax on oil and gas proceeds, the
Department may request the remitter to show reasonable
cause for not withholding the proper tax.
If the Department determines that a non-resident remittee is
not paying New Mexico income tax on oil and gas proceeds,
the Department may notify the remitter that the remitter must
withhold tax from future oil and gas proceeds paid to the remittee. If the remitter did not withhold tax because the remitter
and remittee entered into an agreement pusuant to Section
7-3A-3(G) NMSA 1978, the agreement must be revoked and
the remitter is held responsible for withholding the required
amount of future tax from the remittee.
INSTRUCTIONS FOR REMITTERS
This section is for remitters. If you are a remittee, see page 2,
Instructions for Remittees.
IMPORTANT: You are required to provide sufficient information to allow remittees to comply with the provisions of the
Income Tax Act and the Corporate Income and Franchise Tax
Act with respect to the remittee’s share of the gross oil and
gas proceeds from a well located in New Mexico.
What to File. To report the New Mexico gross oil and tax proceeds and the state tax withheld for each remittee to whom
you paid proceeds from a New Mexico well, you are required
to file one of these forms (any of these forms is acceptable):
•	 New Mexico Form RPD-41285
•	 Form 1099-MISC
•	 A pro forma Form 1099-MISC

NOTE: If the oil and gas proceeds you paid is a combination
of oil and gas proceeds from oil and gas production in multiple
states, separately state the oil and gas proceeds derived from
New Mexico oil and gas production and the amount of New
Mexico tax withheld.
Due Date to Send Forms to Remittees. Send the
forms (RPD‑41285, Form 1099-MISC, or pro forma Form
1099­‑MISC) to remittees by February 15 of the year following the year for which you withheld New Mexico state tax. If
February 15 falls on a Saturday, Sunday, or a state or national
legal holiday, the return is timely if the postmark bears the
date of the next business day.
Requirement to File Electronically. If you have more than 50
remittees, you are required to electronically file RPD‑41285,
1099-MISC, or pro forma 1099-MISC. You can file through
the Combined Federal/State Filing Program or through the
Department website.
How To File With the State. Submit RPD-41285, Form
1099‑MISC, or pro forma Form 1099-MISC in one of the
following ways:
•	 Submit RPD-41285, Form 1099-MISC, or pro forma Form
1099-MISC electronically using the Department website.
•	 If you have 50 or fewer remittees, or if you have been
granted an exemption to electronically file RPD-41285,
you may submit paper forms to New Mexico Taxation and
Revenue Department, P.O. Box 25127, Santa Fe, New
Mexico 87504-5127.
•	 With IRS approval, submit Form 1099-MISC electronically
through the Combined Federal/State Filing Program. You
must include state records that bear forwarding codes
to New Mexico.
Filing on the Department Website. You can complete and
file the New Mexico oil and gas proceeds of remittees and
the New Mexico state tax you withheld in two ways:
•	 Use a web file application on the Department website to
file the information.
•	 First prepare the report offline, using a format specified
by the Department, and then upload it with Bulk Filing on
the Department website.
NOTE: In June 2014, the online filing location changes from
https://efile.state.nm.us to https://tap.state.nm.us.
For Help. For tips about e-filing, go to the Department
website at www.tax.newmexico.gov and at the top of the
page click Forms & Publications. Next click Business Taxes,
click Other NM Business Taxes, click Oil and Gas Proceeds
Withholding Tax, and then click Oil and Gas Proceeds
Annual Detail Report E-File Tips.

RPD-41285
Rev. 09/02/2014

New Mexico Taxation and Revenue Department

Annual Statement of Withholding of Oil and Gas Proceeds
Instructions
page 2 of 2

How to Complete RPD-41285
Column 1
Year and Contact Information
1. 	Enter the tax year.
2.	 Enter your name, address, and phone number. If the
address is outside the U.S., mark the box.
3. 	Enter the remittee’s name and address. If the address is
outside the U.S., mark the box.
Column 2
Identification Numbers, Proceeds, and State Tax Withheld
1.	 Enter your federal indentification number using hyphens.
If the number is a federal employer identification number
(FEIN), enter it in XX-XXXXXXX format and mark the FEIN
box. If the number is a social security number, enter it in
XXX-XX-XXXX format and mark the SSN box.
2.	 Enter your Combined Reporting System (CRS) identification number using hyphens in XX‑XXXXXX-XXX format.
If you are not required to have a CRS number, leave this
field blank.
3.	 Enter the remittee’s federal identification number using
hyphens. If the number is an FEIN, enter it in XX-XXXXXXX
format and mark the FEIN box. If the number is a social
security number, enter it in XXX-XX-XXXX format and
mark the SSN box.
4.	 Enter the remittee’s gross oil and gas proceeds from wells
located in New Mexico.
5. 	Enter the New Mexico state tax withheld.
Send Each Remittee a Copy. After completing RPD-41285
(or Form 1099-MISC or pro forma Form 1099-MISC) for all
remittees, send each remittee a copy of the form by February
15 or the next business day, if February 15 falls on a Saturday,
Sunday, or a state or national legal holiday.

For More Information. See the instructions for RPD-41374,
2013 Annual Report of Non-Resident Remittees Holding an
Agreement to Pay Tax on Oil and Gas Proceeds, and FYI‑330,
Income and Withholding Returns and Electronic Filing.
For Help. To get help with this form and corporate
income taxes, in Santa Fe call (505) 827-0825, call toll
free (866) 809-2335 and select option 4, or send email to
[email protected].
INSTRUCTIONS FOR REMITTEES
This section is for remittees. If you are a remitter, see page 1,
Instructions for Remitters.
How to File. Attach RPD-41285, Form 1099-MISC, or pro
forma Form 1099-MISC to your New Mexico income tax return
to claim the amount of tax withheld against your personal or
corporate income tax due.
Due Date to File with the State. You are required to file
the RPD­
-41285, Form 1099-MISC, or pro forma Form
1099‑MISC that you received from the remitter with your
New Mexico income tax return. The due date is the same
date your New Mexico income tax return is due.
IMPORTANT: Unless you are listed as the remittee or the
recipient of the income, do not attach these forms to your
income tax return. When filing your return, you cannot use an
income and withholding statement that is issued to someone
else.