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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 2 of 5

Where to File: File online using the Department’s website at

business that is not required to file a New Mexico income tax

https://efile.state.nm.us. First-time e-filers will need to create

return, marks the “Other” box, and enters “Personal Services

a login name and password. If you wish to pay the tax to be

Business” on the line provided for an explanation.

remitted to the Department prior to the availability of the web

application for the annual Form RPD-41367, you may m ake

If the PTE is filing for a tax year that is not a full calendar year,

the payment electronically using the Department’s website.

enter the first day and the last day of the tax year. The tax

year for the New Mexico return must be the same as the tax

To obtain specific information regarding electronically filing,

year for the federal return. Enter the due date of the PTE’s

federal income tax return. If no federal income tax return

https://efile.state.nm.us. You may also cut and paste this URL

for the tax year is due, enter 105 days after the end of the

to obtain specific instruction

entity’s tax year. If an extension was granted, enter also the

SiteCollectionDocuments/rpd-ntc-500.13-ptw-annual-detail-

extension due date.

report.pdf.

Amending: Check the amended indicator box if you are

When required to file electronically, a paper filed Form RPD-

amending a previously filed Form RPD-41367, Annual With-

41367 will be rejected by the Department.

holding of Net Income From a Pass-Through Entity Detail

Report. If requesting a refund due to an overpayment of tax

Filing By Paper: If granted an exemption to electronically file

withheld, you must also submit Form RPD-41373, Applica-

Form RPD-41367, or if you have 50 New Mexico payees or

less, and you choose to file this form in paper format, submit

tion for Refund of Tax Withheld From Pass-through Entities.

Please note that the Department may require that both the

this completed report with the applicable New Mexico income

PTE’s income tax return and Form RPD-41367 are filed

tax return. If payment is due, also complete Form PTW-PV,

before the refund can be verified.

Annual Withholding of Net Income From a Pass-Through

Entity Detail Report Payment Voucher, and submit the check

Column 1. Enter the name and address of each owner of the

and payment voucher attached to Form RPD-41367, to the

PTE. If an individual, enter the first, middle initial, and last

Department. Mail to: New Mexico Taxation and Revenue De-

name of the owner. Mark the box if the address of an owner

partment, P.O. Box 25127, Santa Fe, NM 87504-5127.

is outside the U.S..

Pass-through entities should be aware that the Department

is required to compare the tax information received from the

Column 2. Enter the owner’s federal identification number

PTE with the records of the owners and if the Department

and mark the box indicating that the number is a federal

determines that the owner is not paying the proper tax on

employer identification number (FEIN) or a social security

net income, the Department may request that the PTE show

number (SSN).

reasonable cause for not withholding (see “Reasonable Cause

for Not Withholding” in these instructions). If the Department

Column 3. Enter the owner’s share of the allocable net

determines that a non-resident owner is not paying New

income of the PTE. The total of column 3 for all pages must

Mexico income tax on the allocable net income of the PTE,

equal Line 1, Total New Mexico net income.

the Department will notify the PTE that the PTE must withhold

from future net income of the owner. If the PTE did not with-

Column 4. Enter the owner’s share of tax withheld for the

hold because the PTE and owner entered into an agreement

tax year. The owner’s share includes both:

pursuant to Section 7-3A-3(G) NMSA 1978, the agreement

•

Withholding tax that the PTE paid directly to the Depart-

must be revoked and the PTE will be held responsible for

ment, and

future tax required to be withheld from the owner.

•

Tax withheld and paid on behalf of the PTE, subsequently

passed to the owners of the PTE.

INSTRUCTIONS FOR COMPLETING THE FORM

Enter the name and address of the PTE, the federal identifi-

When a PTE passes tax withheld to its owners, the income

cation number (FEIN), and the total New Mexico net income

tax withheld is included in the detail for the owner on Form

for the calendar year of this return.

RPD-41367, column 4.

Mark the box indicating the type of New Mexico income tax

When a PTE requests a refund of overpayment of tax with-

return that the pass-through entity will file for the tax year.

held on Form PTE, the withholding is NOT included on Form

If no New Mexico income tax return is required to be filed,

RPD-41367, column 4. The PTE claims the refund of the

mark the “Other” box and indicate the reason no New Mexico

overpayment of tax withheld on their income tax return and

income tax return is required. For example, a personal services

Form Rpd-41367 - Annual Withholding Of Net Income From A Pass-Through Entity Detail Report - 2013 Page 4

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