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RPD-41285

New Mexico Taxation and Revenue Department

Rev. 09/02/2014

Annual Statement of Withholding of Oil and Gas Proceeds

Instructions

page 1 of 2

Who Must File. Remitters (payers) of oil and gas proceeds

NOTE: If the oil and gas proceeds you paid is a combination

from oil and gas production from a well located in New Mexico,

of oil and gas proceeds from oil and gas production in multiple

states, separately state the oil and gas proceeds derived from

who are subject to withholding tax from payments to remit-

tees (recipients), according to the Oil and Gas Proceeds and

New Mexico oil and gas production and the amount of New

Pass-Through Entity Withholding Tax Act (Sections 7-3A-1

Mexico tax withheld.

through 7-3A-9 NMSA 1978), are required to annually submit

Due Date to Send Forms to Remittees. Send the

RPD-41285, Annual Statement of Withholding of Oil and Gas

forms (RPD-41285, Form 1099-MISC, or pro forma Form

Proceeds, Form 1099-MISC, or pro forma Form 1099-MISC

1099 -MISC) to remittees by February 15 of the year follow-

(the remitter may use any of these three forms) to:

ing the year for which you withheld New Mexico state tax. If

• New Mexico Taxation and Revenue Department

February 15 falls on a Saturday, Sunday, or a state or national

• Remittees

legal holiday, the return is timely if the postmark bears the

date of the next business day.

Remittees must attach the forms received from the remitters

to their New Mexico state income tax returns when claiming

Requirement to File Electronically. If you have more than 50

the amount of New Mexico income and tax withheld against

remittees, you are required to electronically file RPD-41285,

their personal income or corporate income tax due.

1099-MISC, or pro forma 1099-MISC. You can file through

the Combined Federal/State Filing Program or through the

IMPORTANT: If the remitter did not pay oil and gas proceeds

Department website.

for a calendar year, no filings are required for that year.

How To File With the State. Submit RPD-41285, Form

Requirement to Compare Tax Records. The Department is

1099-MISC, or pro forma Form 1099-MISC in one of the

required to compare a remitter’s tax information with a remit-

following ways:

tee’s records. If the Department determines that a remittee

• Submit RPD-41285, Form 1099-MISC, or pro forma Form

is not paying the proper tax on oil and gas proceeds, the

1099-MISC electronically using the Department website.

Department may request the remitter to show reasonable

cause for not withholding the proper tax.

• If you have 50 or fewer remittees, or if you have been

granted an exemption to electronically file RPD-41285,

If the Department determines that a non-resident remittee is

you may submit paper forms to New Mexico Taxation and

not paying New Mexico income tax on oil and gas proceeds,

Revenue Department, P.O. Box 25127, Santa Fe, New

the Department may notify the remitter that the remitter must

Mexico 87504-5127.

withhold tax from future oil and gas proceeds paid to the remit-

• With IRS approval, submit Form 1099-MISC electronically

tee. If the remitter did not withhold tax because the remitter

through the Combined Federal/State Filing Program. You

and remittee entered into an agreement pusuant to Section

must include state records that bear forwarding codes

7-3A-3(G) NMSA 1978, the agreement must be revoked and

to New Mexico.

the remitter is held responsible for withholding the required

amount of future tax from the remittee.

Filing on the Department Website. You can complete and

file the New Mexico oil and gas proceeds of remittees and

INSTRUCTIONS FOR REMITTERS

the New Mexico state tax you withheld in two ways:

This section is for remitters. If you are a remittee, see page 2,

Instructions for Remittees.

• Use a web file application on the Department website to

file the information.

IMPORTANT: You are required to provide sufficient informa-

• First prepare the report offline, using a format specified

tion to allow remittees to comply with the provisions of the

by the Department, and then upload it with Bulk Filing on

Income Tax Act and the Corporate Income and Franchise Tax

the Department website.

Act with respect to the remittee’s share of the gross oil and

gas proceeds from a well located in New Mexico.

NOTE: In June 2014, the online filing location changes from

https://efile.state.nm.us to https://tap.state.nm.us.

What to File. To report the New Mexico gross oil and tax pro-

ceeds and the state tax withheld for each remittee to whom

For Help. For tips about e-filing, go to the Department

you paid proceeds from a New Mexico well, you are required

website at and at the top of the

to file one of these forms (any of these forms is acceptable):

page click Forms & Publications. Next click Business Taxes,

• New Mexico Form RPD-41285

click Other NM Business Taxes, click Oil and Gas Proceeds

Withholding Tax, and then click Oil and Gas Proceeds

• Form 1099-MISC

Annual Detail Report E-File Tips.

• A pro forma Form 1099-MISC

Form Rpd-41285 - Annual Statement Of Withholding Of Oil And Gas Proceeds Instructions

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