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RPD-41071 STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
Rev. 03/24/2015
APPLICATION FOR REFUND - INSTRUCTIONS
• If you have any tax liability, the Taxation and Revenue Department attachments to the Department. Because Form RPD-41071 and the
may offset all or part of an allowed refund against such liability. required attachments cannot be submitted electronically, you must
• If the Department denies your claim for refund in whole or in promptly submit those paper forms and attachments separately. Mail
part, you may file a protest with the Department within 90 days Form RPD-41071 and other required attachments to New Mexico
of either mailing or delivery of the denial or file a lawsuit in Santa Taxation and Revenue Department, P.O. Box 630, Santa Fe, New
Fe District Court. If the Department does not take action on your Mexico 87504-0630. The Department will not process the returns
claim within 120 days of receiving your claim, you may either until Form RPD-41071 and the required attachments are received.
refile it if you are within the three-year statute of limitation, or you Exceptions to Filing Form RPD-41071, Application for Refund.
may file a protest within 90 days from the expiration of the 120 If claiming a refund under certain tax, fee or surcharge programs
days after you filed the claim with the Department. If no action you must use the program specific application for refund form and
has been taken on the refund claim within 210 days, the Depart - follow certain procedures which are applicable to those programs.
ment is statutorily prohibited from acting on a refund claim if the If you are requesting a refund of oil and gas taxes other than the oil
three-year statute of limitation has passed. For more information and gas proceeds withholding tax, use Form RPD-41136, Application
on your remedies, please request publication FYI-402, Taxpayer for Tax Refund - Oil and Gas. For tax years beginning on or after
Remedies, from your local district tax office or view it on-line at January 1, 2012, if you are requesting a refund of withholding tax
www.tax.newmexico.gov. on the net income of a pass-through entity (PTE) reported on Form
Other Required Attachments: PTE, New Mexico Information Return for Pass-Through Entities,
A taxpayer claiming a refund of gross receipts tax or compensating or an overpayment of tax withheld on Form RPD-41367, Annual
tax may wish to refer to the latest Overview of Gross Receipts & Withholding of Net Income From a Pass-Through Entity Detail
Compensating Taxes published in the July CRS Filers Kit, FYI-105, Report, use Form RPD-41373, Application for Refund of Tax With-
Gross Reciepts & Compensating Taxes- An Overview, or other held From Pass-Through Entities. If you are requesting a refund of
Department publications for a description of allowable deductions, vehicle-related or driver-related taxes or fees, use Form MVD-10208,
exemptions and credits against gross receipts and compensating Request for Refund. If requesting a refund of Tobacco Products
taxes, and the required documentation to support the claim. Tax, use Form RPD-41318, Application for Tobacco Products Tax
Refund. If requesting a refund of a spoiled or damaged cigarette
Amended Returns: If your refund is the result of overstating the stamp, use Form RPD-41211, Application for Refund of Cigarette
tax, fees or surcharges due on a previously filed return, you must Tax. All forms can be found on the Department's web site at www.
attach a fully completed amended report for each period affected. tax.newmexico.gov. Click on "Forms and Publications", then select
See the Note under "Exceptions to Filing Form RPD-41071" below. the applicable tax program.
Only one Application for Refund is required per claim regardless
of the number of periods amended. See the appropriate forms for NOTE: If your refund claim is the result of overstating the tax due
instructions on filing an amended return. on a previously filed income tax, estate tax or oil and gas tax return
and you are filing an amended return, you do not need to attach an
To claim a refund of gross receipts tax because you did not claim an application for refund. A complete amended return is sufficient to
allowable deduction, you must attach the following, if applicable: 1) support a valid claim for refund. Be sure to submit all supporting
a copy of the nontaxable transaction certificate (NTTC) executed by forms, schedules, and backup as requested by the instructions
the buyer so we can verify that the NTTC was properly executed in a when filing an amended return.
timely manner; or 2) a copy of any other documentation necessary to
support the deduction (for example, a farmer or rancher statement). Important Changes Affecting Direct Deposit
A direct deposit of your refund may not be made to a bank account
To claim a refund of gross receipts tax paid because of an exemption located at a financial institution outside the territorial jurisdiction of
that you did not claim, you must attach documentation necessary the United States. In order to comply with new federal banking rules,
to support the exemption (for example, invoices, contracts, etc.). anyone wishing to have your refund directly deposited into your ac-
To claim a refund of an overpayment due to an offset by the Depart- count, you must answer an additional question when completing
ment, please attach a copy of the offset notice. the Direct Deposit portion of your application for tax refund. If you
do not answer the question, your refund will be mailed to you in the
If you have questions regarding the documents that should be filed form of a paper check. If you answer the question incorrectly, your
with an Application for Refund or an amended return, contact the refund may be delayed, rejected or frozen by the National Automated
Department using the contact information on the original return or Clearing House Association (NACHA) or the Office of Foreign As -
the local district office listed below. sets Control (OFAC). You will be asked whether the refund will go
How to Claim a Refund of CRS-1 Taxes When You Are Also to, or through, an account located outside the territorial jurisdiction
Required to E-File Your Return. of the United States. You will be advised if the answer is “yes”, you
If you are required to electronically file (e-file) a CRS-1 return, you should not choose the Direct Deposit method of delivering your
must also e-file all CRS-1 amended returns. The requirement to e-file refund. Your options are to use a different bank account or to leave
the CRS-1 return applies regardless of whether you were required the Direct Deposit portion of the application blank and have a paper
to e-file the original return, or when the original return was filed. See check mailed to the address on the taxpayer's records. A financial
publication FYI-108, Electronic Filing Mandate, for details regarding institution is located within the territorial jurisdiction of the United
when you are required to e-file CRS-1 returns. States if it is located within the United States; located on a United
States military base, or located in American Samoa, Guam, the
If you are requesting a refund of tax previously paid, you must also
Northern Mariana Islands, Puerto Rico or the U.S. Virgin Islands.
submit Form RPD-41071, Application for Refund, with all required
ALBUQUERQUE: FARMINGTON: LAS CRUCES: ROSWELL: SANTA FE:
Taxation & Revenue Department Taxation & Revenue Dept. Taxation & Revenue Dept. Taxation & Revenue Department Taxation & Revenue Department
5301 Central Ave., NE 3501 E. Main Street, Suite N 2540 S. El Paseo, Bldg. # 2 400 North Pennsylvania, Suite 200 1200 South St. Francis Drive
P.O. Box 8485 P.O. Box 479 P.O. Box 607 P.O. Box 1557 P.O. Box 5374
Albuquerque, NM 87198-8485 Farmington, NM 87499-0479 Las Cruces, NM 88004-0607 Roswell, NM 88202-1557 Santa Fe, NM 87502-5374
Telephone: (505) 841-6200 Telephone: (505) 325-5049 Telephone: (575) 524-6225 Telephone: (575) 624-6065 Telephone: (505) 827-0951
Main switchboard (Santa Fe): (505) 827-0700
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