Form Rpd-41344 - Native American Veterans Income Tax Settlement Fund Claim

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RPD-41344
State of New Mexico - Department of Veterans Services
Rev. 07/2010
NATIVE AMERICAN VETERANS
Income Tax Settlement Fund Claim
INSTRUCTIONS
Purpose of this Form: A claim for a settlement payment from the Native Americans Income Tax Settlement
Fund may be made for any period of active duty in the armed forces of the United States during which the claim-
ant:
(1)
was a member of a New Mexico federally recognized Indian nation, tribe or pueblo;
(2)
was a resident within the boundaries of the Indian member's or the member's spouse's reservation
or pueblo grant, or within the boundaries of lands held in trust by the United States for the benefit of
the member or spouse or the member's or spouse's nation, tribe or pueblo; and
(3)
had New Mexico personal income tax (PIT) withheld from his or her active duty military pay, and the
amount withheld:
(a)
has not already been refunded to the claimant or the claimant's representative; and
(b)
cannot be claimed as a refund by filing a New Mexico PIT return because the period for filing
a refund has expired under Section 7-2H-3 NMSA 1978, the applicable statute of limitations.
To obtain a settlement payment, you must complete this form and submit it to the New Mexico Department of
Veterans Services with all required documentation.
No claim for a settlement payment may be made after December 31, 2012. Additionally, no claim for a settlement
payment can be made for an amount of withholding that can be claimed as a refund by filing a New Mexico PIT
return. A New Mexico PIT return can be filed by a Native American veteran to claim a refund by the later of:
(1)
December 31 of the year three years after the veteran separated from military service, or
(2)
December 31 of the year three years after the year in which the New Mexico PIT was withheld from
the active duty pay of the veteran.
Deceased Veteran: A claim for a settlement payment must be made by the eligible Native American veteran,
or in the case of a deceased veteran, by the veteran’s spouse, other successor or personal representative (an
executor, administrator, or anyone in charge of the deceased veteran’s property). If the claim is being made for
a deceased veteran, the claim must be accompanied by a death certificate or other proof of death and by:
(1)
If the claimant is a successor who is not the surviving spouse of the deceased veteran, a signed
and dated notarized statement attesting that:
(a)
the value of the entire probate estate of the decedent, wherever located, less liens
and encumbrances, does not exceed $30,000;
(b)
at least thirty (30) days have elapsed since the death of the decedent; and
(c)
the successor is entitled to the settlement payment, or
(2)
If the claimant is a personal representative, a signed and dated notarized statement attesting that:
(a)
he or she has been appointed by a court as the personal representative of the
decedent; and
(b)
a copy of that court appointment is attached.
Form RPD-41344, Native American Veterans Income Tax Settlement Fund Claim, may be downloaded from
the Taxation and Revenue Department website at , or from the Department of Veterans
Services website at
Mail the completed forms and attachments to:
Alan Martinez, Deputy Secretary
Department of Veterans Services
P O Box 2324
Santa Fe, NM 87504-2324

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