Form RPD-41359 at a glance
What it is: RPD-41359 is the New Mexico Taxation and Revenue Department Annual Statement of Pass-Through Entity Withholding, which PTEs submit to its owners.
Where and when to file: Send the forms (RPD-41359, Form 1099-MISC, or pro forma Form 1099-MISC) to owners by February 15 of the year following the year for which you withheld New Mexico state tax from their net income.
Pass-through entities (PTEs) that are required to withhold and pay New Mexico pass-through entity withholding tax on a non-resident owner's share of net income allocable to New Mexico under the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act must annually submit this form, RPD-41359, Annual Statement of Pass-Through Entity Withholding, or Form 1099-MISC, or pro forma Form 1099-MISC, to report the New Mexico withholding tax to its owners.
PTEs that elect to file and pay entity-level tax, or have owners that elect to have composite income tax paid by the entity on their behalf, must also submit RPD-41359 to its owners.
Owners include partners, members, shareholders of sub-chapter S Corporations, and, for the purposes of pass-through entity withholding tax, beneficiaries of fiduciaries.
A filled-in Form RPD-41359 example: a partnership sends an owner the statement
How to fill out Form RPD-41359, box by box
Entity FEIN, NMBTIN, name and address
Enter the tax year.
Enter the entity's federal employer identification number (FEIN) using hyphens in XX-XXXXXXX format.
If the entity has a New Mexico Business Tax Identification Number (NMBTIN), enter it using hyphens in XX-XXXXXX-XXX format.
Enter your entity's name, address, and phone number.
If the address is outside the U.S., mark the box.
Owner identification number, name and address
Enter the owner's federal identification number.
Check the box to indicate whether this is an SSN or ITIN, or an FEIN.
Enter the owner's name and address.
Owner NM Net Income and Tax
Enter the New Mexico net income allocated to the owner.
Enter the New Mexico state withholding tax for the owner, if applicable.
Enter the composite income tax paid on behalf of the owner, if applicable.
Enter the share of entity-level tax paid on behalf of the owner, if applicable.
If your situation is different
You report entity-level tax or composite income tax
If reporting New Mexico entity-level tax or composite income tax, Form RPD-41359 is the only reporting document that may be issued to the owner.
If the recipient of a distribution elects to have the entity file composite income tax on its behalf, the amount of the tax paid by the entity is also reported on this form.
You report withholding tax to an owner
New Mexico Form RPD-41359, Form 1099-MISC, or a pro forma Form 1099-MISC may be used to report New Mexico withholding tax to the owner. If using the Form 1099-MISC and the net income you paid is a combination of income from multiple states, separately state the income from New Mexico and the amount of New Mexico tax withheld.
You are an owner
Owners attach RPD-41359 to claim a New Mexico withholding credit, credit for entity-level tax, or credit for composite income tax on their personal or corporate income tax returns.
Only the RPD-41359 may be used to support the credit for entity-level tax or composite income tax.
This reporting document supports the credit you are claiming on the return.
Common questions about Form RPD-41359
Is there a deadline?
After completing RPD-41359 for all owners, send each owner 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.
Where do I file it?
Owners must attach this form to the New Mexico state income tax return to claim the tax withheld, credit for entity-level tax, or composite income tax paid against personal or corporate income tax due.
When is this form not the right one?
IMPORTANT: Unless you are listed as the owner or the recipient of the income, do not attach this form to your income tax return.
Where to get help with Form RPD-41359
To get help with this form or about filing pass-through entity tax returns, call the Santa Fe Office (505) 827-0825, or call toll free (866) 809-2335 and select option 2, or send email to cit.taxreturnhelp@tax.nm.gov.
Sources
[1] Form RPD-41359 (Rev. 01/01/2024), Annual Statement of Pass-Through Entity Withholding, New Mexico Taxation and Revenue Department (the Official source link on this page).