RPD-41353
Rev. 9/9/2013
                                       State of New Mexico - Taxation and Revenue Department
                         OWNER’S OR REMITTEE’S AGREEMENT TO PAY WITHHOLDING
                                ON BEHALF OF A PASS-THROUGH ENTITY OR REMITTER

             OWNER’S OR REMITTEE’S                                  PASS-THROUGH ENTITY’S OR REMITTER’S (Payor)
             NAME AND MAILING ADDRESS                               NAME AND MAILING ADDRESS
Name                                                            Name

Street or other mailing address                                 Street or other mailing address

City, state and ZIP code                                        City, state and ZIP code

Federal employer identification number                     FEIN Federal employer identification number Check one: FEIN
                                             Check one:                                                           SSN
                                                           SSN

Effective period of agreement                             :
                                (you must check one)  
          Current Year                 Indefinite Term     Through _____________                

A remitter may enter into an agreement with certain remittees that the remittee will remit to the New Mexico 
Taxation and Revenue Department at the time and in the manner required by the Department the amounts that 
the remitter is required to withhold and remit with respect to payments to the remittee. Similarly, a pass-through 
entity may enter into an agreement with a certain owner that the owner will remit to the Department the amounts 
that the pass-through entity is required to withhold and remit with respect to payments to the owner. Qualifying 
remittees or owners are those that are individuals who are not residents of New Mexico or businesses that are 
                                             IMPORTANT: 
not principally located in New Mexico.                     A PTE that is a personal service business cannot enter into 
an agreement with its owners. See page 2 for the definition of a personal service business.

The agreement must be in the remitter’s or pass-through entity’s possession at the time it files its return for the tax 
year to which the agreement pertains. The agreement may remain in effect for a single tax year, multiple tax years, 
or an indefinite term, and may be revoked or amended on mutual agreement of the parties. When a non-resident 
owner becomes a resident of New Mexico, the agreement submitted by that owner is revoked automatically.

Remittances to the Department pursuant to this agreement may be counted towards the corporate income tax 
or personal income tax liability of remittee’s or owner’s estimated tax liability, and may not be credited to the 
estimated tax due by the remitter or the pass-through entity.

The signature of both parties is required:

I agree to make timely payment of all taxes imposed by the State of New Mexico with respect to my share of the income re-
ported by the pass-through entity or remitter named above, to whom I have made this agreement. 

Owner’s or remittee’s signature _____________________________________________________    Date  _______________

Title _____________________________________________________    

Pass-through entity’s or remitter’s signature ___________________________________________    Date  _______________

Title _____________________________________________________    

RPD-41353
Rev. 9/9/2013          State of New Mexico - Taxation and Revenue Department
              OWNER’S OR REMITTEE’S AGREEMENT TO PAY WITHHOLDING
                   ON BEHALF OF A PASS-THROUGH ENTITY OR REMITTER

If the remittee or the owner does not make the required payments as agreed, the remitter or the pass-through 
entity will be notified by the Department, and the remitter or pass-through entity will thereafter be liable for the 
payments. The remitter is not responsible for withholding on oil and gas payments made prior to the Department’s 
notification, and the PTE is not responsible for withholding on net income earned in the tax year that ended prior 
to the Department’s notification.

Upon notice by the Department that the remittee or owner has not complied with the requirements of the agree-
ment, the remitter or pass-through entity must revoke the agreement and withhold and remit with respect to future 
payments to the remittee or owner pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding 
Act. Once an agreement is revoked, a new agreement between the remitter and remittee or between the pass-
through entity and the owner, may not be entered into for two years from the date the Department notifies the 
remitter or the pass-through entity of the remittee’s or owner’s failure to pay amounts required by the agreement.

Do not submit this agreement to the Department. This agreement must be retained in the remitter’s or the pass-
through entity’s records. The remitter or pass-through entity may be required to furnish a true and correct copy 
of this agreement upon the Department’s request.

The payments by the remittee may be remitted by estimated payments or withholding tax, or by filing the New 
Mexico income tax return and paying the tax due. 

The payments by the owner may be remitted annually, by the due date of their federal income tax return, or through 
withholding tax. Owners, however, may be subject to penalty and interest on underpayment of estimated personal 
or corporate income tax. To avoid penalty and interest on underpayment of estimated tax, review the instructions 
for Form RPD-41272, if an individual, or Form RPD-41287, if an entity subject to New Mexico corporate income tax.
                                                  Owner’s or Remittee’s Agreement to Pay Withhold-
The PTE or remitter must have a completed Form RPD-41353, 
ing on Behalf of a Pass-Through Entity or Remitter
                                                  , on file at the time it files its return for the tax year to which the 
agreement pertains.
                                                                Declaration of Principal Place of Business or 
An owner or a remittee who is a PTE may not use Form RPD-41354, 
Residence in New Mexico
                       , to avoid the withholding requirement of the paying PTE or remitter.  The PTE owner 
or PTE remittee may, however, enter into an agreement and submit this form, RPD-41353, to the paying PTE or 
remitter to avoid the withholding.
                                                                                             personal services 
A PTE that is a personal service business cannot enter into an agreement with its owners. A “
business
              ” means a business organization that receives payments for the services of a performing artist for pur-
poses of the film production tax credit.