New Mexico Native American Veterans Income Tax Settlement Fund Claim

Native American Veterans Income Tax Settlement Fund Claim
Form RPD-41344
RPD-41344
Rev. 03/15/2019

State of New Mexico - Department of Veterans Services

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 claimant:
(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 has not already been refunded to the claimant or the claimant's representative.
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.
The Department’s approval of refund claims for this purpose are subject to the balance available in the Native
American Veterans Income Tax Settlement Fund. 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 www.tax.newmexico.gov, or from the Department of Veterans
Services website at www.dvs.state.nm.us.
Mail the completed forms and attachments to:
	
Deputy Secretary
	
Department of Veterans Services
	
P O Box 2324
	
Santa Fe, NM 87504-2324

RPD-41344
Rev. 03/15/2019

State of New Mexico - Department of Veterans Services

NATIVE AMERICAN VETERANS
Income Tax Settlement Fund Claim
(Page 1 of 3)

Please complete this application for a settlement payment if you are a Native American Veteran who maintained a home on
tribal land during your military service and had New Mexico income tax withheld on any of your active duty military pay.
Mail completed Form RPD-41344, Native American Veterans Income Tax Settlement Fund Claim, and attachments to:
Deputy Secretary, Department of Veterans Services, P O Box 2324, Santa Fe, NM 87504-2324. Telephone number is 866433-8387.

Part 1. Veteran's Information
Social security number

Name of veteran (first, middle, last)

Name of veteran as indicated on DD Form 214, if different.

Current mailing address. Give us the address where you currently receive your mail.
Mailing address
City, state and ZIP code

Part 2. Veteran's Status as a Native American
Name of New Mexico federally recognized Indian nation, tribe or pueblo of which the veteran or
the veteran's spouse is an enrolled member.

If only the spouse is an enrolled member of an
Indian nation, tribe or pueblo, enter the spouse's
name.

Part 3. Military Service
Enter the branch of service and the dates of active duty in the Armed Forces of the United States. To verify the active duty
period, attach Form(s) DD Form 214 and mark the box below indicating the form(s) is attached or mark the box to authorize
the Department of Veterans Services to request a copy of the form from the Department of Defense.
Branch of Service

Dates of military service
From

To

Check one.
‰‰ DD Form 214 is attached, or
‰‰ I authorize the Department of Veterans Services to request a copy of the claimant's DD Form 214 from the
Department of Defense.
(Continued on the next page.)

RPD-41344
Rev. 03/15/2019

State of New Mexico - Department of Veterans Services

NATIVE AMERICAN VETERANS
Income Tax Settlement Fund Claim
(Page 2 of 3)

Part 4. Residency on Tribal Land During Period of Active Duty

Box must be marked in order to qualify for settlement payment.
‰‰ The claimant's (or claimant's spouse's) home of record address for the entire period of the claimant's military service
covered by this claim is located on the Indian nation, tribe or pueblo to which the claimant or the claimant's spouse is
a member.

Part 5. Deceased Veteran Complete Part 5 only if the veteran is deceased.
The veteran's date of death.
If the refund must be made payable to a person other than the veteran, enter the name and SSN of the person entitled to
claim the refund; otherwise, the check will be made payable to the estate of the decedent.
Social security number

Name of spouse, other successor or personal representative (first, middle, last)

Check the following two boxes to indicate the required documentation is attached.
‰‰ Copy of the death certificate or other proof of death --  (An original or an authentic copy of a telegram or letter from the
Department of Defense notifying the next of kin of the decedent's death will constitute proof of death.) Proof of death
must be attached if the veteran is deceased.
‰‰ Form RPD-41083, Affidavit to Obtain Refund of New Mexico Tax Due a Deceased Taxpayer -- Complete Form RPD41083 even if you were the spouse of the veteran at the time of death. Form must be signed, dated and notarized. Form
RPD-41083 can be downloaded from the Taxation and Revenue website at www.tax.newmexico.gov.

Part 6. New Mexico Income Tax Withheld
Enter below each tax year in which New Mexico income tax was withheld and the amount of New Mexico income tax withheld from active military service during the year and reported on the federal Form W2. Attach all federal Forms W2. If you
do not have a copy of your federal Forms W2, or the attached federal Forms W2 do not represent all the tax withheld from
active military service during a year, check the box in the third column to request the Taxation and Revenue Department
obtain the claimant's W2 Form information from the Department of Defense. For each tax year listed, complete the statement in the fourth column.
(1)
Tax year

(2)
Amount of New Mexico income
tax withheld from the attached
copy of Forms W2. Enter "Do
not have W2" if you do not have
a Form W2 for the year.

(3)
(4)
I request the Taxation and Reve- To the best of my knowledge, I
nue Department obtain the claim- certify that a refund for the taxes
ant's Form W2 information for the withheld (check only one box):
tax year.

$

q

Yes

$

q

Yes

(Continued on the next page.)

q
q
q
q

was received
was not received
was received
was not received

RPD-41344
Rev. 03/15/2019

State of New Mexico - Department of Veterans Services

NATIVE AMERICAN VETERANS
Income Tax Settlement Fund Claim
(Page 3 of 3)

Part 6. Continued.
(1)

(2)
Amount of New Mexico income
tax withheld from the attached
copy of Forms W2. Enter "Do
not have W2" if you do not have
a Form W2 for the year.

Tax year

(3)
(4)
I request the Taxation and Reve- To the best of my knowledge, I
nue Department obtain the claim- certify that a refund for the taxes
ant's Form W2 information for the withheld (check only one box):
tax year.

$

q

Yes

$

q

Yes

$

q

Yes

$

q

Yes

$

q

Yes

$

q

Yes

q
q
q
q
q
q
q
q
q
q
q
q

was received
was not received
was received
was not received
was received
was not received
was received
was not received
was received
was not received
was received
was not received

Total of Column 2.

Part 7. Signature of Claimant
I declare I have examined this application, including accompanying schedules, statements and attachments, and to
the best of my knowledge and belief it is true, correct and complete.

Signature of veteran or if deceased, personal representative or legal successor

Print name

Date

FOR DEPARTMENT USE ONLY
Verification of Veteran's Status by the Department of Veterans Services
The Department of Veterans Services has examined the veteran's information and has verified that the application,
including accompanying schedules, statements and attachments, is true, correct and complete according to the records
available to the Department. The application is ready for review by the Taxation and Revenue Department.

Secretary of Department of Veterans Services or delegate		

Print name

Title

Date

RPD-41344
Rev. 03/15/2019

State of New Mexico - Department

of Veterans Services
NATIVE AMERICAN VETERANS Income Tax Settlement Fund Claim
RESIDENCY STATEMENT

Purpose of this Form: A claimant for a settlement payment from the Native American Veterans Income Tax Settlement
Fund must substantiate residency on Indian nation, tribe or pueblo land during the period(s) any New Mexico personal
income tax was withheld from active duty military pay. The veteran must be 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. If the address shown
on the claimant’s DD Form 214 is not on tribal land or the claimant cannot establish that the address is on tribal land, or the
address was not the claimant's address of record for the entire period for which the claim is being made, the claimant must
provide the following statement signed by the claimant.

Veteran's Information

Social security number

Name of veteran (first, middle, last)

Home of record (physical address or description)
during period of active duty military service

Dates of residency
From To

Indicate the name of Indian nation, tribe or
pueblo in which the address is located.

Claimant:
I declare that the address(s) listed above is the home of record established for the claimant (veteran) with the Department of Defense while in active duty military service.
_______________________________________________________________________________________________
Signature of veteran or if deceased, personal representative or legal successor	

Print name				

Date