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RPD-41298
Rev. 09/13/2016 State of New Mexico - Taxation and Revenue Department
RESEARCH AND DEVELOPMENT SMALL BUSINESS TAX CREDIT CLAIM FORM
INSTRUCTIONS
ABOUT THIS CREDIT: The Research and Development period, according to the filing frequency listed on your Reg-
Small Business Tax Credit is available for a qualified research istration Certificate. If the taxpayer determines that it does
and development small business for report periods beginning not qualify for a calendar month during the report period, the
on or after July 1, 2011, and before June 30, 2015, but for taxpayer may not claim the credit for that calendar month, but
no more than 35 consecutive calendar months after the first may qualify during other months within the reporting period.
month for which a claim for the credit is made by a taxpayer DEFINITIONS:
or by a person to whom the taxpayer is a successor, pursu-
ant to Section 7-1-61 NMSA 1978. The time period between "Qualified research and development small business" means a
July 1, 2009, through June 30, 2011 is not included in the business including a corporation, general partnership, limited
determination of consecutive calendar months, but claims partnership, limited liability company, sole proprietorship or
made for report periods after July 2005 or prior to July 1, other similar entity, that:
2009, are included. (1) employed no more than 25 employees on a full-time-
equivalent basis in any prior calendar month;
The amount of the credit is equal to the sum of all gross (2) had total revenues of no more than $5 million in any prior
receipts taxes and 50% of withholding taxes paid on behalf fiscal year;
of employees and owners with no more than five percent (3) did not in any prior calendar month have more than 50%
ownership, that are due to the state or payable by the qualify- of its voting securities or other equity interest with the
ing small business for the calendar month in which the small right to designate or elect the board of directors or other
business qualifies. governing body of the qualified business owned directly
or indirectly by another business; and
Transition of the Research and Development Small Busi- (4) has made qualified research expenditures for the period of
ness Tax Credit 12 calendar months ending with the month for which the
Effective January 1, 2015, the Technology Jobs Tax Credit credit is sought of at least 20% of its total expenditures
Act is revised to add an incentive for research and develop- for those 12 calendar months.
ment small businesses, and as of January 1, 2016, will be "Qualified research" means research that is undertaken for
known as the Technology Jobs and Research and Develop- the purpose of discovering information that is technological in
ment Tax Credit Act. The new legislation allows research and nature and the application of which is intended to be useful in
development small businesses to obtain the new "technology the development of a new or improved business component of
jobs and research and development tax credit" for qualified the taxpayer, and in which substantially all activities constitute
expenditures made after January 1, 2015. For report periods elements of a process of experimentation related to new or
between January 1, 2015, and June 30, 2015, a taxpayer improved function, performance, reliability or qualify, but not
who becomes eligible for a "research and development small related to style, taste, cosmetic or seasonal design factors.
business tax credit" can choose to either claim the "research
and development small business tax credit" or the "technology "Qualified research expenditure" means an expenditure
jobs and research and development tax credit". directly related to qualified research, but does not include
any expenditure on research funded by any grant, contract
By claiming the "research and development small busi- or similar mechanism by another person or governmental
ness tax credit" for a reporting period prior to July 1, 2015, entity, and does not include any expenditure on property
the taxpayer is ineligible to claim the "technology jobs and that is owned by a municipality or county in connection with
research and development tax credit" for the same report- an industrial revenue bond project or expenditures for which
ing period. Likewise, a taxpayer who claims a "technology the taxpayer has received any credit pursuant to the Capital
jobs and research and development tax credit" is ineligible Equipment Tax Credit Act, the Investment Credit Act or the
to claim the "research and development small business tax Technology Jobs Tax Credit Act.
credit" for the same reporting period. A taxpayer is not eligible for the credit with respect to a cal-
endar month:
CLAIMING THE RESEARCH AND DEVELOPMENT SMALL
• before June 30, 2011, or after June 30, 2015,
BUSINESS TAX CREDIT: The taxpayer may claim the credit
• that is more than 35 consecutive calendar months after
within one year after the end of the report period. To claim the
the first month for which a claim for the credit is made by
credit, attach Form RPD-41298, Research and Development
the taxpayer or by the successor in business as defined
Small Business Tax Credit Claim Form, to the CRS-1 form.
in Section 7-1-61 NMSA 1978. The time period between
Claiming the credit against a report period renders the tax-
July 1, 2009, through June 30, 2011, is not included in
payer ineligible to claim the investment credit or technology
the determination of consecutive calendar months, but
jobs tax credit against the same report period.
claims made for report periods after July 2005 or prior
A report period is a calendar month, quarter or semiannual to July 1, 2009, are included;
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