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RPD - 41351
Rev. 01/14/2022 STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
E-FILE AND E-PAY WAIVER REQUEST
INSTRUCTIONS
Certain tax programs are required to be filed or paid electroni- greater, until the return is filed in an acceptable form. Penalty
cally. This form allows for a taxpayer to request an e-file or applies even if the payment is remitted properly and timely.
e-pay waiver for a single return if their are certain hardships The Department assesses penalty for failure to file, failure to
such as those specified in "Reasons for Waivers" below. remit payment, or failure to use the proper format.
See publication FYI-108, Electronic Filing Mandate, for more
information on who must file electronically (e-file), when you If you submit a return using an incorrect filing format, the
must e-file, and how to e-file. When you are required to e-file Department will reject your return, thus subjecting the filer
or e-pay, you will be required to continue to do so unless you to the penalty imposed for failure to file. You must resubmit
receive a waiver or an exception from the Taxation and Revenue the return using the proper format and in a timely manner to
Department (Department). See "Requesting An Exception". avoid the penalty.
WHEN TO FILE: You must submit Form RPD-41351, E-file INTEREST: Interest is computed in the same manner as
and E-Pay Waiver Request, to the Department on or before before. Interest accrues on tax that is not paid on or before
the date that the taxpayer's return is originally due. If submit-the due date of a return even if the taxpayer receives an ex-
ting with a paper return close to the due date of the return, tension of time to file. Interest is calculated on a daily basis
please include the completed waiver with your return. at the rate established for individual income tax purposes
by the U.S. Internal Revenue Code (IRC). The IRC rate is
WHERE TO FILE: Complete this form and send it to the subject to change quarterly, and is announced by the Internal
Taxation and Revenue Department, P.O. Box 5418, Santa Revenue Service in the last month of the previous quarter.
Fe, NM 87504-5418. For current quarterly and daily rates, visit our website at www.
tax.newmexico.gov.
REASONS FOR WAIVERS: The Department will grant a
waiver for the following reasons: PAYMENTS: Prior to requesting a exception for electronic
payment, please review the Department's publication FYI-401,
1. if the taxpayer is temporarily disabled because of injury Special Payment Methods, to review the electronic payment
or prolonged illness and the taxpayer can show that the methods available to see if you may be able to comply using
taxpayer is unable to procure the services of a person one of these methods.
to complete the taxpayer's return and file or pay it elec-
tronically; REQUESTING AN EXCEPTION: To request an exception, see
2. if the conduct of the taxpayer's business has been sub- Form RPD-41350, E-File and E-Pay Exception Request. An
stantially impaired due to the disability of a principal of- exception of the e-file or e-pay requirement may be granted
ficer of the taxpayer, physical damage to the taxpayer's for one or more calendar years if a hardship exists and there
business or other similar impairments to the conduct of is not reasonable access to the internet in the taxpayer's
the taxpayer's business causing the taxpayer an inability community. The taxpayer must also show a good faith effort
to electronically file or pay, or to comply with the electronic filing or payment requirements
3. if the taxpayer's accountant or other agent or employee before an exception is granted. An exception must be resub-
who routinely electronically files or pays for taxpayer has mitted annually and applies to the specified calendar year.
suddenly died or has become disabled and unable to per-
form services for the taxpayer and the taxpayer can show
that the taxpayer is unable either to electronically file or
pay for the return or to procure the services of a person
to electronically file or pay the return before the due date.
SIGNATURE: The e-file and e-pay waiver request form must
be signed by the taxpayer or a duly authorized agent. If the
taxpayer is unable to sign the request because of illness,
absence, or other good cause, any person standing in close
personal or business relationship to the taxpayer may sign
the application. However, the signer must state the reasons
for their signature and their relationship to the taxpayer.
PENALTY FOR FAILURE TO COMPLY: Taxpayers who fail
to submit a tax return on the required form and in a timely
manner will be assessed a penalty. Penalty is assessed at
the rate of 2% of the tax due per month or part of a month,
up to 20% of the tax due, or a minimum of $5, whichever is
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