RPD-41334                  State of New Mexico  - Taxation and Revenue Department
Rev 09/13/2016 
                           ADVANCED ENERGY TAX CREDIT CLAIM FORM

Purpose of Form. A taxpayer (claimant) that holds an advanced energy tax credit certified by the New Mexico Environment 
Department (NMED) and approved by the New Mexico Taxation and Revenue Department (TRD) may use Form RPD-41334, 
Advanced Energy Tax Credit Claim Form, to claim the tax credit against personal or corporate income due, or gross receipts 
tax, compensating tax and withholding tax due to the State of New Mexico. Once approved, the qualified generating facility 
or approved interest owners may use this form to claim the credit against tax due. See the instructions for details. If the credit 
amount exceeds the taxpayer’s liability, the excess can be carried forward for up to 10 years.

To claim the credit, attach a completed Form RPD-41334, Advanced Energy Tax Credit Claim Form, to the CRS-1, PIT-1, 
CIT-1, FID-1 or S-Corp return in which you wish to apply the credit on or before the due date of the return.  You may apply 
this credit when you file your return online. Sign into Taxpayer Access Point (TAP) at https://tap.state.nm.us, and follow 
the prompts to attach this form.  To mail in, attach this form to the tax return and mail to the address on the return.  For as-
sistance claiming your approved credit, call (505) 827-0792.

Name of taxpayer (Claimant)

FEIN or SSN of claimant                           NM CRS identification number
                                  Check one:  FEIN
                                              SSN

1.  Enter the beginning and ending date of the report period to which you wish 
to apply approved advanced energy tax credit.                                         From                            to

2.  Enter the New Mexico tax less any local option gross receipts tax due on this 
return. If applying against an income tax return, enter the Net New Mexico  2.           $
income tax calculated before applying any credit.

3.  Enter the portion of total credit available (from line 4) claimed on your current 
New Mexico return to which you wish to apply the credit. The credit used 
may not exceed the tax liability otherwise due less any local option gross            3. $
receipts tax. If you are applying this credit against income taxes, also attach 
a completed Schedule CR for the applicable tax return.

First apply new credits, approved during the current report period, to the tax liability due on the return. If the tax liability 
exceeds the balance of the new credits, then you may apply unused credits available from tax credits eligible to be carried 
forward from Schedule A. Unused tax credit may be carried forward for a maximum of 10 consecutive tax years following the 
tax year in which the credit was approved. When applying tax credits available for carry-forward, apply the oldest credit first. 

NOTE: Failure to submit this form and other required attachments with your New Mexico CRS-1, PIT-1, FID-1, CIT-1 or S-
Corp return will result in denial of the request to claim the credit.

Under penalty of perjury, I declare that I have examined this claim, and to the best of my knowledge and belief, it is 
true, correct and complete.   

Signature of taxpayer                                                Date 

RPD-41334                   State of New Mexico  - Taxation and Revenue Department
Rev 09/13/2016 
                            ADVANCED ENERGY TAX CREDIT CLAIM FORM
                                                      INSTRUCTIONS

HOW TO APPLY FOR THIS CREDIT:  A qualified generating              that can be claimed against gross receipts tax, multiply the 
facility or an interest owner, on behalf of the qualified gen-     gross receipts by 3.9% if the location code reported is a 
erating facility, must apply for a certificate of eligibility from municipality, and 5.125% if the location code is anywhere 
the New Mexico Environment Department (NMED) before                else within or outside New Mexico. 
applying to obtain approval to claim the advanced energy tax       To  claim  approved  advanced  energy  tax  credit  against 
credit (advanced energy income tax credit, advanced energy         Form PIT-1,  attach  a  completed  Form  RPD-41334, Ad-
corporate income tax credit and the advanced energy com-           vanced Energy Tax Credit Claim Form, including Schedule 
bined reporting tax credit). NMED determines if the facility is a  A, to Form PIT-1, New Mexico Personal Income Tax Return      
qualified generating facility and issues a certificate within 180  or to Form FID-1, New Mexico Fiduciary Income Tax Re-
days after receiving all information necessary to determine        turn. Enter the amount of credit claimed against the current 
eligibility. Fees imposed by NMED will apply, but may not          return on Schedule PIT-CR or FID-CR. Do not claim more 
exceed $150,000. For assistance in obtaining a certificate of      credit than the tax due shown on Form PIT-1 or FID-1. Mar-
eligibility and applicable fees, call (505) 476-4339.              ried individuals who file separate returns for a tax year in 
                                                                   which they could have filed a joint return may each claim 
Once NMED issues a certificate, the claimant may submit a          only one-half of the advanced energy income tax credit that 
completed Form RPD-41333,   Advanced Energy Tax Credit             would have been allowed on a joint return.
Application, to the New Mexico Taxation and Revenue Depart-
                                                                   To  claim  approved  advanced  energy  tax  credit  against 
ment (TRD) for approval. The certificate of eligibility must be 
                                                                   Forms CIT-1 or S-Corp, attach a completed Form RPD-
attached to the application, along with information required       41334, Advanced Energy Tax Credit Claim Form, including 
to determine the amount of allowable advanced energy tax           Schedule A,  to Form CIT-1, New Mexico Corporate Income 
credits. The application must be submitted within one year         and Franchise Tax Return,  or to Form S-Corp, New Mex-
following the end of the calendar year in which the eligible       ico Sub-Chapter  S Corporate  Income Tax Return.  Enter 
generation plant costs are incurred. TRD will issue an ap-         the amount of credit claimed against the current return on 
proval for the credit, and the claimant may then use Form          Schedule CIT-CR or S-Corp-CR. Do not claim more credit 
RPD-41334,     Advanced Energy Tax Credit Claim Form, to           than the corporate income tax due on Form CIT-1, or more 
claim the credit against personal or corporate income taxes,       than the corporate income tax due on Form S-Corp. The 
and gross receipts, compensating and withholding tax due           credit cannot be applied against any franchise tax due. 
to the State of New Mexico.                                        Mail the return and the claim form, RPD-41334, to the ad-
HOW TO CLAIM THIS CREDIT:  To  claim  approved  ad-                dress on the Form CRS-1, CIT-1, S-Corp or FID-1 to which 
vanced  energy  tax  credits  you  must  attach  a  completed      you wish to apply the credit. For assistance call (505) 476-
Form  RPD-41334,  Advanced  Energy Tax  Credit  Claim              3683. 
Form, including Schedule A, to the return to which you wish        RECAPTURE: If NMED issues a certificate of eligibility to 
to apply the credit. The credit may not exceed the tax liabil-     a taxpayer stating that the facility is a qualified generating 
ity due on the return. Excess advanced energy tax credits          facility and the taxpayer does not sequester or control car-
can then be carried forward for up to 10 years and can be          bon dioxide emissions to the extent required by January 1, 
applied to any combination of personal or corporate income         2017, or 18 months after the commercial operation date of 
tax, gross receipts tax, compensating tax or withholding tax       the qualified generating facility, the taxpayer’s certification as 
due the claimant.                                                  a qualified generating facility shall be revoked by NMED and 
To claim approved advanced energy tax credit against the           the taxpayer shall refund to the state tax credits granted. If 
CRS-1 return, you must file the full-page version of the New       the taxpayer demonstrates to the New Mexico Environment 
Mexico CRS-1 Form. Complete the CRS-1 Long Form and                Department that the taxpayer made every effort to sequester 
supplemental  forms,  if  any,  according  to  the  instructions.  or control carbon dioxide emissions to the extent feasible and 
Do not reduce the tax liability on the CRS-1 Long Form to          the facility’s inability to meet the sequestration requirements 
reflect the advanced energy tax credit claimed. Instead, un-       of a qualified generating facility was beyond the facility’s 
derpay the tax liability shown on the return by the amount         control, NMED shall determine, after a public hearing, the 
of tax credit claimed and attach a completed Form RPD-             amount of the tax credit that should be refunded. NMED, in 
41334, Advanced Energy Tax Credit Claim Form, including            its determination, shall consider the environmental perfor-
Schedule A. Do not enter a negative number or claim more           mance of the facility and the extent to which the inability to 
credit than the tax due shown on the CRS-1 Long Form for           meet the sequestration requirements of a qualified generat-
the current report period.                                         ing facility was in the control of the taxpayer. The refund, as 
                                                                   determined by NMED, shall be paid within 180 days following 
When computing the amount of advanced energy tax credit            a final order by NMED.

RPD-41334, Sch A     State of New Mexico - Taxation and Revenue Department
Rev 09/13/2016 
                 ADVANCED ENERGY TAX CREDIT CLAIM FORM
                                      Schedule A
Once a credit application is approved by EMNRD, complete and attach Form RPD-41334, Advanced Energy Tax Credit 
Claim Form, including Schedule A, to your New Mexico income tax return along with the applicable tax credit Schedule CR.  
A copy of the letter form EMNRD certifying the credit must also be attached.

         (a)     (b)              (c)              (d)                      (e)                           (f) 
TRD - Approval # Year of approval Amount of credit Total credit claimed     Unused credit [(c) - (d)] Applied to the attached 
                                  approved         in previous tax years                                  return

                                                   Line 4. TOTAL credit available
                                                   Enter the sum of column (f) here and on 
                                                   line 3 of Form RPD-41334, page 1.                  4. $