New Mexico Annual Statement of Pass-Through Entity Withholding

Annual Statement of Pass-Through Entity Withholding
Form RPD-41359
RPD-41359
Rev. 01/01/2024

New Mexico Taxation and Revenue Department

Annual Statement of Pass-Through Entity Withholding
a Tax Year

b Entity federal employer identification number (FEIN)

c Entity New Mexico Business Tax Identification Number (NMBTIN)

(optional)

e Owner federal identification number

Mark one
box	

f Owner name, street address, city, state, and ZIP code

d Entity name, street address, city, state, ZIP code, and phone number

Mark box if address
outside the U.S.

SSN/ITIN
FEIN

Mark box if address
outside the U.S.
1 Owner New Mexico net income

2 New Mexico tax withheld

3 Composite income tax paid

4 Credit for entity-level tax

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.
RPD-41359
Rev. 01/01/2024

New Mexico Taxation and Revenue Department

Annual Statement of Pass-Through Entity Withholding
a Tax Year

b Entity federal employer identification number (FEIN)

c Entity New Mexico Business Tax Identification Number (NMBTIN)

(optional)

e Owner federal identification number

Mark one
box	

f Owner name, street address, city, state, and ZIP code

d Entity name, street address, city, state, ZIP code, and phone number

Mark box if address
outside the U.S.

SSN/ITIN
FEIN

Mark box if address
outside the U.S.
1 Owner New Mexico net income

2 New Mexico tax withheld

3 Composite income tax paid

4 Credit for entity-level tax

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.
RPD-41359
Rev. 01/01/2024

New Mexico Taxation and Revenue Department

Annual Statement of Pass-Through Entity Withholding
a Tax Year

b Entity federal employer identification number (FEIN)

c Entity New Mexico Business Tax Identification Number (NMBTIN)

(optional)

e Owner federal identification number

SSN/ITIN
FEIN

f Owner name, street address, city, state, and ZIP code

d Entity name, street address, city, state, ZIP code, and phone number

Mark box if address
outside the U.S.

Mark one
box	

Mark box if address
outside the U.S.
1 Owner New Mexico net income

2 New Mexico tax withheld

3 Composite income tax paid

4 Credit for entity-level tax

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.

RPD-41359
Rev. 01/01/2024

New Mexico Taxation and Revenue Department

Annual Statement of Pass-Through Entity Withholding
Instructions
page 1 of 2

About This Form. 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 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. Owners include
partners, members, shareholders of sub-chapter S Corporations, and, for the purposes of pass-through entity withholding
tax, beneficiaries of fiduciaries.
Fiduciaries and S-Corps. A fiduciary, such as an estate
or trust, that distributes taxable New Mexico income to its
beneficiaries, or a sub-chapter S corporation that distributes taxable New Mexico income to its shareholders, is a
PTE and subject to withholding tax pursuant to the Oil and
Gas Proceeds and Pass-Through Entity Withholding Tax
Act. As a PTE, the trust, estate, or S-Corp, is also required
to withhold from the non-resident recipient’s share of taxable New Mexico net income. More details about these requirements are provided in the instructions for the S-Corp
and FID-1 returns.
If electing to file and pay entity-level tax, the trust, estate,
or S-Corp is required to use the RPD-41359 to report to
each of its beneficiaries or shareholders the share of credit
for entity-level tax they may claim on their income tax
returns. 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.
If no owners received net income from the PTE for a calendar
year, no withholding statements need to be filed for that year.
An entity that has had tax withheld cannot pass a withholding
statement directly to another taxpayer. The recipient of the
withholding statement must file and claim the tax withheld
on its own New Mexico income tax return.

For Help. 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 [email protected].
INSTRUCTIONS FOR PASS-THROUGH ENTITIES
This section is for PTEs filing the form. If you are an owner,
see page 2, Instructions for Owners.
What to File. To report the New Mexico net income and New
Mexico withholding tax, entity-level tax, or composite income
tax for an owner, you must file the applicable return for the
entity with the Taxation and Revenue Department and issue
a reporting document to the owner. Depending on the type of
entity, you will file either PTE, New Mexico Pass-through Entities Tax Return, S-Corp, Sub-Chapter S Corporate Income and
Franchise Tax Return, or FID-1, Fiduciary Income Tax Return.
To report New Mexico withholding tax to the owner, one
of the following forms may be used:
•	 New Mexico Form RPD-41359
•	 Form 1099-MISC
•	 A pro forma Form 1099-MISC
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.
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.
Other Reporting Requirements. PTEs are required to provide sufficient information to enable owners to comply with the
provisions of the Income Tax Act and the Corporate Income
and Franchise Tax Act with respect to an owner’s share of
net New Mexico income. A PTE that uses a Schedule K-1,
or equivalent form, to report to owners their share of the net
income, must also provide to owners the allocable New Mexico
net income, as well as the amount of New Mexico withholding tax, entity-level tax paid or composite income tax paid.
Due Date to Send Forms to Owners. 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. If February 15 falls on a Saturday, Sunday,
or a state or national legal holiday, the form is timely if the
postmark bears the date of the next business day.

RPD-41359
Rev. 01/01/2024

New Mexico Taxation and Revenue Department

Annual Statement of Pass-Through Entity Withholding
Instructions
page 2 of 2

How to Complete RPD-41359
Pass-through Entity Information
a. 	Enter the tax year.
b.	 Enter the entity’s federal employer identification number
(FEIN) using hyphens in XX-XXXXXXX format.
c.	 If the entity has a New Mexico Business Tax Identification
Number (NMBTIN), enter it using hyphens in XX-XXXXXXXXX format.
d.	 Enter your entity’s name, address, and phone number. If
the address is outside the U.S., mark the box.
Owner Information
e.	 Enter the owner’s federal identification number. Check
the box to indicate whether this is an SSN or ITIN, or an
FEIN.
f.	 Enter the owner’s name and address. If the address is
outside the U.S., mark the box.
Owner NM Net Income and Tax
1.	 Enter the New Mexico net income allocated to the owner.
2.	 Enter the New Mexico state withholding tax for the owner,
if applicable.
3.	 Enter the composite income tax paid on behalf of the
owner, if applicable.
4.	 Enter the share of entity-level tax paid on behalf of the
owner, if applicable.
Send Each Owner a Copy. 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.
For More Information. See FYI-330, Income and Withholding
Returns and Electronic Filing.
INSTRUCTIONS FOR OWNERS
This section is for owners. If you are a PTE, see page 1,
Instructions for Pass-Through Entities.

How to File. You must file the RPD­-41359 with the New
Mexico income tax return you are required to file to claim a
credit for New Mexico withholding tax, a credit for entitylevel tax, or a credit for composite income tax. This reporting document supports the credit you are claiming on the
return. If claiming a withholding credit, Form 1099-MISC,
or pro forma Form 1099‑MISC may also be used.
IMPORTANT: Unless you are listed as the owner or the recipient of the income, do not attach this form to your income
tax return. When filing your return, you cannot use an income
and withholding statement that is issued to someone else.