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RPD - 41351 STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
Init. 07/2010
E-FILE WAIVER REQUEST FORM
INSTRUCTIONS
For report periods beginning on or after July 1, 2010, certain taxpayers who file Combined Reporting System (CRS) and
Weight Distance Tax (WDT) returns will be required to file their returns online. See publication FYI-108, Electronic Filing
Mandate, for more information on who must e-file, when you must e-file and how to E-file. When you are required to file your
return electronically (e-file), you will be required to continue to e-file unless you receive a waiver or an exception from the
Department. *See "Requesting An Exception" below.
If a taxpayer is granted a waiver the taxpayer may file a "paper" return, by the due date of the return (or extension due date
if an extension has been obtained) without civil penalty. Interest will continue to accrue past the original due date of the
return, even if an waiver is granted.
WHEN TO FILE: You must submit Form RPD-41351, E-file Waiver Request Form, to the Department on or before the tax-
payer's electronic return is originally due.
WHERE TO FILE: Complete this form and send it to the Taxation and Revenue Department, P.O. Box 5418, Santa Fe, NM
87504-5418. The Department will return Form RPD-41351 to you notifying you if your request has been approved or denied.
REASONS FOR WAIVERS: The Taxation and Revenue Department will grant a waiver for the following reasons:
1. if the taxpayer is temporarily disabled because of injury or prolonged illness and the taxpayer can show that the taxpayer
is unable to procure the services of a person to complete the taxpayer's return and file it electronically;
2. if the conduct of the taxpayer's business has been substantially impaired due to the disability of a principal officer of
the taxpayer, physical damage to the taxpayer's business or other similar impairments to the conduct of the taxpayer's
business causing the taxpayer an inability to electronically file, or
3. if the taxpayer's accountant or other agent or employee who routinely electronically files for taxpayer has suddenly died
or has become disabled and unable to perform services for the taxpayer and the taxpayer can show that the taxpayer is
unable either to electronically file the return or to procure the services of a person to electronically file the return before
the due date.
NOTE: Computer system failure or a break in Internet coverage is not an acceptable reason for failure to comply with the
e-file requirement.
SIGNATURE: The e-file 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 busi-
ness relationship to him/her may sign the application. However, the signer must state the reasons for his/her signature and
his/her relationship to the taxpayer.
PENALTY FOR FAILURE TO COMPLY: Taxpayers who fail to submit a tax return in the required form and in a timely man-
ner 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 greater, until the return is filed in an acceptable form. Penalty applies even
if the payment is remitted properly and timely. The Department assesses penalty for failure to file, failure to remit payment,
or failure to use the proper format.
If you submit a return using an incorrect filing format, the Department will reject your return, thus subjecting the filer to the
penalty imposed for failure to file. You must resubmit the return using the proper format and in a timely manner to avoid the
penalty.
INTEREST: Interest is computed in the same manner as before. Interest accrues on tax that is not paid on or before the
due date of your return even if you receive an extension of time to file. Interest is calculated on a daily basis at the rate
established for individual income tax purposes by the U.S. Internal Revenue Code (IRC). The IRC rate is subject to change
quarterly, and is announced by the Internal Revenue Service in the last month of the previous quarter. For current quarterly
and daily rates, visit our website at www.tax.newmexico.gov.
REQUESTING AN EXCEPTION: To request an exception, see Form RPD-41350, E-File Exception Request Form. An ex-
ception of the e-file requirement may be granted for one or more calendar years if a hardship exists and there is not reason-
able access to the Internet in the taxpayer's community. The taxpayer must also show a good faith effort to comply with the
electronic filing requirements before an exception is granted.
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