Form Rpd-41284 - Quarterly Oil And Gas Proceeds Withholding Tax Return Page 3
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5STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
RPD-41284
Rev. 09/04/2012
Quarterly Oil and Gas Proceeds Withholding Tax Return Instructions
Page 2 of 4
an organization described in Section 501(c)(3) of the
Exceptions to the requirement to withhold.
•
If the amount to be withheld from the payment is less
Internal Revenue Code, including a copy of the remit-
than ten dollars ($10) or if the sum of all payments made
tee’s federal Form W-9, or a copy of the determination
to that remittee by the remitter, including the subject pay-
letter from the IRS. The obligation to deduct and with-
ment, in the calendar quarter is thirty dollars ($30) or less.
hold from payments to organizations identified in this
paragraph applies if that income constitutes unrelated
•
If the remittee is an insurance company and falls under
income.
the provisions of Section 59A-6-6 NMSA 1978, no with-
holding is required.
•
Documentation is on file showing that the remittee is
the United States, New Mexico or any agency, instru-
•
At the option of a remitter, a remitter may agree with
mentality or political subdivision of either.
the remittee that the remittee pay the amount that the
remitter would have been required to withhold and remit
•
Documentation is on file showing that the remittee is
to the Department on behalf of the remittee pursuant to
a federally recognized Indian nation, tribe or pueblo
the Oil and Gas Proceeds and Pass-Through Entity With-
or any agency, instrumentality or political subdivision
holding Tax Act. The remittee remits the tax required to
thereof.
be withheld using a form of payment such as estimated
•
Documentation is on file showing that the remitter's
payments or withholding. The remittee can also satisfy
payment to the remittee is subject to further distribution
the terms of the agreement by filing its New Mexico
by the remittee as a remitter to working interest own-
income tax return and paying the tax due. The remitter
ers, royalty interest owners, overriding royalty interest
must have a completed Form RPD-41353, Owner's or
owners and/or production payment interest owners.
Acceptable proof includes --but is not limited to-- written
Remittee's Agreement to Pay Withholding on Behalf of
a Pass-Through Entity or Remitter, on file at the time it
notification from a remittee or internal documentation
files its annual reporting requirements for the tax year
such as signed division orders demonstrating that the
to which the agreement pertains. If the Department noti-
payment is subject to further distribution by the remittee
fies the remitter that the remittee has failed to remit the
as a remitter to working interest owners, royalty inter-
required payment, the agreement is no longer acceptable
est owners, overriding royalty interest owners and/or
by the Department as reasonable cause for failure to
production payment interest owners.
withhold. The remitter is not responsible for withholding
on oil and gas proceeds paid to the remittee prior to the
If you believe that you have a valid reason for not withhold-
Department’s notification.
ing from a remittee, other than the reasons listed above,
•
The remittee maintains its place of business or residence
you must obtain approval from the Secretary before you file
in New Mexico:
your return. Please include with your request detailed infor-
•
If the remittee's address on Form 1099-Misc, pro
mation to support an alternative reasonable cause for not
forma 1099-Misc or RPD-41285, Annual State-
withholding. To request the Secretary’s approval, submit a
ment of Withholding of Oil and Gas Proceeds, is a
written request to the Albuquerque District Office at New
New Mexico address;
Mexico Taxation and Revenue Department, Corporate In-
come Tax Audit Supervisor, P.O. Box 8485, Albuquerque,
•
If an individual, a signed Form RPD-41354, Decla-
NM 87198-8485. For assistance call 505-841-6221.
ration of Principal Place of Business or Residence
in New Mexico, is on file that the individual is a
resident of New Mexico and declaring the physical
INSTRUCTIONS FOR COMPLETING THIS FORM:
location of the individual's abode in New Mexico;
Complete all information requested. Round money amounts
in lines 1 through 4 to the nearest whole dollar; for example,
•
If a corporation, a signed Form RPD-41354, Decla-
enter $10.49 as $10 and $10.50 as $11.
ration of Principal Place of Business or Residence
in New Mexico, is on file that the corporation’s prin-
Remitter FEIN or SSN: Enter the remitter's federal employer
cipal place of business is in New Mexico, or
identification number (FEIN) or social security number (SSN)
•
If a corporation incorporated in New Mexico, the
and mark the box indicating the type of identification number
corporation's incorporation papers are on file, with
entered.
sufficient portions of those papers to demonstrate
incorporation in New Mexico, or information from
Remitter name: Enter the name and mailing address of
the Public Regulation Commission web site indi-
the remitter. Mark the box if the address is outside the U.S..
cating that the corporation is a New Mexico corpo-
ration in good standing and its address.
Quarterly report period: Enter a quarterly report period that
•
Documentation is on file showing that the remittee is
is based on a calendar quarter. Enter the month, day and
granted exemption from the federal income tax by the
year of the first and last day of the calendar quarter in which
United States Commissioner of Internal Revenue as
the tax was withheld. For example, if filing for the first quarter
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