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RPD - 41350
Rev 01/14/2022 STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
E-FILE EXCEPTION REQUEST FORM
INSTRUCTIONS
Certain tax programs and returns are required to filed or paid Department will reject your return, thus subjecting the filer
electronically. This form allows for a taxpayer to request an to the penalty imposed for failure to file. You must resubmit
e-file or e-pay exception if certain hardships exist or if the the return using the proper format and in a timely manner to
taxpayer is unable to gain access to the internet. See publica- avoid the penalty.
tion FYI-108, Electronic Filing Mandate, for more information Interest is computed in the same manner as
INTEREST:
on who must file or pay electronically. before. Interest accrues on tax that is not paid on or before
All returns can be e-filed for free through the Taxation and the due date of your return even if you receive an extension
Revenue Department (Department) Taxpayer Access Point of time to file. Interest is calculated on a daily basis at the
(TAP) here: https://tap.state.nm.us/Tap. When you are required rate established for individual income tax purposes by the
to e-file or e-pay your return, you will be required to continue U.S. Internal Revenue Code (IRC). The IRC rate is subject to
to do so unless you receive an exception or waiver from the change quarterly, and is announced by the Internal Revenue
Department. See "Requesting a Waiver" if your request is Service in the last month of the previous quarter. For cur-
only for one return. rent quarterly and daily rates, visit our website at www.tax.
newmexico.gov.
WHEN TO FILE: You must submit Form RPD-41350 annu-
ally for each calendar year for which you wish to request an PAYMENTS: Prior to requesting a waiver for electronic pay-
exception of the e-file or e-pay requirement. An e-file or e-pay ment, please review the Department's publication FYI-401,
exception request form must be received by the Department Special Payment Methods, to review the electronic payment
at least 30 days before the taxpayer's electronic return or methods available to see if you may be able to comply using
payment is originally due. one of these methods.
WHERE TO FILE: Complete this form and send it to the REQUESTING A WAIVER: To request a waiver, see Form
Taxation and Revenue Department, P.O. Box 5418, Santa RPD-41351, E-File and E-Pay Waiver Request Form. A waiver
Fe, NM 87504-5418. of the e-file or e-pay requirement may be requested for a
single return for the following reasons:
REASONS FOR EXCEPTIONS: The Department will grant • if the taxpayer is temporarily disabled because of injury
an exception if a hardship exists and there is no reasonable or prolonged illness and the taxpayer can show that the
access to the internet in the taxpayer's community. The tax- taxpayer is unable to procure the services of a person
payer must also show a good faith effort to comply with the to complete the taxpayer's return and file or pay for it
e-filing or e-pay requirements before an exception is granted. electronically;
The taxpayer must provide a clear statement of the reasons • if the conduct of the taxpayer's business has been sub-
for granting the exception. Choosing not to maintain internet stantially impaired due to the disability of a principal of-
access if available, computer system failure or a break in ficer of the taxpayer, physical damage to the taxpayer's
internet coverage is not an acceptable reason for failure to business or other similar impairments to the conduct of
comply with the e-file or e-pay requirement and an exception the taxpayer's business causing the taxpayer an inability
will not be granted for those reasons. to electronically file or pay, or
SIGNATURE: This exception request form must be signed • if the taxpayer's accountant or other agent or employee
by the taxpayer or a duly authorized agent. If the taxpayer who routinely electronically files or makes payment for
is unable to sign the request because of illness, absence, or taxpayer has suddenly died or has become disabled
other good cause, any person standing in close personal or and unable to perform services for the taxpayer and the
business relationship to the taxpayer may sign the application. taxpayer can show that the taxpayer is unable either to
However, the signer must state the reasons for their signature electronically file or pay or to procure the services of a
and their relationship to the taxpayer. person to electronically file or pay before the due date.
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
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 return format.
If you submit a return using an incorrect filing format, the
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