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RPD-41367 (2013)

New Mexico Taxation and Revenue Department

Rev. 08/08/2013

2013 Annual Withholding of Net Income From a Pass-Through Entity Detail Report

Instructions

Page 1 of 5

Who Must File: A pass-through entity (PTE) who is subject

If the PTE has more than 50 New Mexico payees, and is

to withholding tax from its owners, partners, or members,

unable to file electronically because a hardship exists, the

(owners) net income according to the Oil and Gas Proceeds

PTE may request Department approval to file by paper. The

and Pass-Through Entity Withholding Tax Act (Sections

PTE may request approval by filing Form RPD-41350, E-File

7-3A-1 through 7-3A-9 NMSA 1978) must annually report

Exception Request Form. The request must be received

each owner’s share of net income allocable to New Mexico

by the Department at least 30 days before the taxpayer’s

and remit* the New Mexico tax withheld for each non-resident

electronic report is due.

owner. The required annual report is Form RPD-41367, An-

For more details, about paper and electronic filing, see “Where

nual Withholding of Net Income From a Pass-Through Entity

to File” in these instructions.

Detail Report. The PTE must report for all owners and except

for personal services businesses, mark the indicator box on

Other Reporting Requirements: PTEs are also required to

Form RPD-41367, if the PTE entered into an agreement with

provide sufficient information to enable the owners to comply

the owner that the owner files and pays the tax due on the

with the provisions of the Income Tax Act and the Corporate

allocable net income of the PTE. A PTE that is a personal

Income and Franchise Tax Act, with respect to the owner’s

service business cannot enter into an agreement with its

share of the net New Mexico income. A PTE that uses a

owners. Form RPD-41367 is due even if no tax was withheld.

Schedule K-1 or equivalent form to report to the owners, their

share of the net income must also provide its owners federal

*For tax years beginning on or after January 1, 2011, a PTE

Forms 1099-Misc, pro forma 1099-Misc, or Form RPD- 41359,

was required to remit the tax quarterly. The requirement to

to report to the owners the allocable net income and the New

remit the tax annually was reinstated for tax years beginning

Mexico tax withheld. A Schedule K-1 may not be used by the

on or after January 1, 2012.

owners to obtain credit for New Mexico tax withheld.

Estates and Trusts: An estate or trust that distributes New

Forms 1099-Misc, pro forma 1099-Misc, or Form RPD- 41359,

Mexico net income that is taxable to its recipients is a pass-

Annual Statement of Pass-Through Entity Withholding, must

through entity (PTE) and subject to withholding pursuant to the

be provided to the owner by February 15th of the year follow-

Oil and Gas Proceeds and Pass-Through Entity Withholding

ing the year for which the statement is made. The PTE is not

Tax Act (Sections 7-3A-1 through 7-3A-9 NMSA 1978). As a

required to submit these forms to the Department. The

PTE, the trust or estate is also required to withhold from the

information from these forms are provided to the Department

non-resident recipient’s share of the trust or estates taxable

on this report instead.

New Mexico net income. The estate or trust must file and

pay the tax withheld on the annual Schedule FID-D*, Annual

When to File: Form RPD-41367, Annual Withholding of Net

Income From a Pass-Through Entity Detail Report, is due

Withholding of Net Income From a Fiduciary Detail Report,

reporting the details for all recipients that it distributes tax-

on or before the due date of the entity’s federal return for the

able New Mexico net income. If the income distributed is

taxable year. If a pass-through entity is not required to file

not taxable to the recipient, as in the case of some grantor

a federal income tax return for the tax year, the entity must

trusts, including living trusts, the distributed income is not

file Form RPD-41367 with the Department no later than 105

included on that schedule. See the instructions for FID-D

days after the end of its taxable year.

for more details.

If the due date of the return falls on a Saturday, Sunday or

state or national legal holiday, the return is timely if the post-

*For tax years 2011 and 2012, estates and trusts who are

mark bears the date of the next business day.

pass-through entities, were required to file this Form RPD-

41367, instead of Schedule FID-D.

Extensions: If a federal automatic extension or a New Mexico

extension is obtained for the PTE return, the extension also

Personal Service Businesses: A PTE that is a personal

applies to the filing of Form RPD-41367. An extension waives

service business cannot enter into an agreement with its

penalty through the extension due date, but does not waive

owners. A “personal services business” means a business

interest. You must complete the extended due date field on

organization that receives payments for the services of a

Form RPD-41367 and attach a copy of the extension request.

performing artist for purposes of the film production tax credit.

To make an extension payment, complete Form PTW-EXT,

File Electronically: If a PTE has more than 50 payees

Annual Withholding of Net Income From a Pass-Through

who receive New Mexico net income, the PTE is required to

Entity Detail Report Extension Payment Voucher, and mail

electronically file Form RPD-41367 through the Department’s

the payment and the voucher to the Department.

website. See “Where to File”, later in these instructions.

Form Rpd-41367 - Annual Withholding Of Net Income From A Pass-Through Entity Detail Report - 2013 Page 3

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