RPD-41288 STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT Rev. 12/08/2016 APPLICATION FOR HIGH-WAGE JOBS TAX CREDIT Who Must File: An eligible employer files this form annually to apply for a high-wage jobs tax credit for each new high-wage economic-based job created on or after July 1, 2004 and before July 1, 2020, occupied during a qualified period beginning with the year the new job is created and for three consecutive qualifying periods. The amount of the credit is 10% of wages paid to an eligible employee in a high-wage economic-based job for a maximum credit of $12,000 per qualified period. See the instructions for important definitions. For the status of an application or to speak with an auditor, call (505) 841-2986 or (505) 841-6486. Name of eligible employer New Mexico CRS identification number Physical address City, state, and ZIP code Mailing address City, state, and ZIP code Name of contact Phone number Email address Total High-Wage Jobs Tax Credit 1. Claimed qualifying period(s) for the calendar year: January 1 to December 31, _____________ (year) 2. Enter the total number of eligible employees occupying a qualifying high-wage job in a qualified period included in this application. Refer to the number of employees reported Employee Eligibility Detail Report in RPD-41376, . 3. Enter the total high-wage jobs tax credit claimed (from column AC of RPD-41376, Employee Eligibility Detail Report $ ). NOTE Employee Eligibility Detail Report : Attach the following required documents to this application—RPD-41376, and all supporting documentation including payroll registers, sales documentation for the last 12 months, proof of newly created jobs for individuals claimed, and proof of maintaining increase of high-wage jobs for the qualifying period. You can download Employee Eligibility Detail Report, RPD-41376, from our website at www.tax.newmexico.gov. Instead of sending attachments, you may contact an auditor for a link to email the documents using a secure application. Under penalty of perjury and subject to the applicable penalty outlined in Section 7-9G-1(L) NMSA 1978, 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 claimant Date Subscribed and sworn before me this day of , 20 Notary Public My commission expires FOR DEPARTMENT USE ONLY Authorized by the New Mexico Taxation and Revenue Department. Approved by: Title: Phone number: Date: High-wage jobs tax credit amount approved: $ Claim number: |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT APPLICATION FOR HIGH-WAGE JOBS TAX CREDIT INSTRUCTIONS Page 1 of 6 AMENDMENTS APPLICABLE TO APPLICATIONS FILED HOW TO APPLY WITH TRD ON OR AFTER jANUARY 1, 2017 Application for High-Wage Jobs Complete Form RPD-41288, Section 7-9G-1(L) NMSA 1978. Any person who willfully Tax Credit. Then submit it to the Taxation and Revenue Employee Eligibility submits a false, incorrect, or fraudulent certification required Department along with RPD-41376, pursuant to Section 7-9G-1(K) NMSA 1978 shall be subject Detail Report and all supporting documentation in to all applicable penalties under the Tax Administration Act, electronic format—payroll registers, sales documentation except that the amount on which the penalty is based shall for the last 12 months, proof of newly created jobs for the be the total amount of credit requested on the application for positions claimed, and proof of increase of high-wage jobs approval. for the qualifying period. The High-Wage Jobs Tax Credit Employee Eligibility Detail Report, Form RPD-41376, is an The amended text adds several provisions to the statute. Excel spreadsheet. The report's instructions begin on If the taxpayer ceases business operations in New Mexico page 3 of these instructions. while an application for credit approval is pending or after an application for credit is approved for any qualifying period Important: A taxpayer must apply for approval of the credit but not later than 12 for a new high-wage economic-based job, the Department after the close of a qualifying period, shall not grant an additional high-wage jobs tax credit to months following the end of the calendar year in which the that taxpayer, except as provided in Section 7-9G-1(O) NMSA taxpayer's final qualifying period closes . 1978, and shall extinguish any amount of credit approved for that taxpayer not already claimed against the taxpayer's On this application, answer the questions establishing modified combined tax liability. that you retain the status of an eligible employer. The Department may approve the credit and issue to the Section 7-9G-1(O) NMSA 1978 states a taxpayer that has applicant a document granting the tax credit. For status of received a high-wage jobs tax credit shall not submit a new the application, call (505) 841-2986 or (505) 841-6486. application for a credit for a minimum of five calendar years FORM INSTRUCTIONS from the closing date of the last qualifying period for which the taxpayer received the credit if the taxpayer: 1. Complete all information requested in the address (1) lost eligibility to claim a tax credit from a previous block. application pursuant to Section 7-9G-1(E) or (N) NMSA 1978, 2. Line 1. Enter the year of the credit period. or 3. Line 2. Enter the number of eligible employees (2) reduces its total full-time employees in New Mexico occupying a qualifying high-wage job in the qualified by more than five percent after the date on which the last period included in this application. Refer to the number Employee Eligibility qualifying period on the taxpayer's previous application of entries on Form RPD-41376, Detail Report ends. . 4. Line 3. Enter the total high-wage jobs tax credit claimed Section 7-1-68(D)(7) NMSA 1978. No interest will be paid from column AC of RPD-41376. A maximum credit of on any high-wage jobs tax credit amount refunded (Section $12,000 of wages and benefits paid for each high-wage 7-1-68 NMSA 1978). job in each qualified period is allowed. Application for High-Wage Jobs Tax Make sure RPD-41288, PURPOSE Credit, is signed and notarized. Mail this application along Employee Eligibility Detail Report, The purpose of the high-wage jobs tax credit is to provide with RPD-41376, and all an incentive for urban and rural businesses to create and fill of the supporting documentation to: Taxation and Revenue new high-wage jobs in New Mexico. Department, Director's Office, P. O. Box 8485, Albuquerque, NM 87198-8485. The Department will notify you when the The high-wage jobs tax credit may be claimed by an application is approved. After approval, complete High-Wage Jobs Tax Credit Claim Form eligible employer for each new high-wage economic-based RPD-41290, , to claim job performed for the year in which the new high-wage the credit against the modified combined tax liability due. Modified combined tax liability economic job is created and for the three consecutive (See the definition on qualifying periods. A taxpayer must apply for approval of the page 3 of these instructions.) The Department will refund but not later than credit after the close of a qualifying period, any excess credit. 12 months following the end of the calendar year in which the taxpayer's final qualifying period closes USING THE HIGH-WAGE JOBS TAX CREDIT . When approved, the high-wage jobs tax credit may be |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT APPLICATION FOR HIGH-WAGE JOBS TAX CREDIT INSTRUCTIONS Page 2 of 6 applied against the modified combined tax liability of a The qualified job must be occupied for at least 48 weeks taxpayer. during a qualifying period, and an eligible employee must be paid at least $40,000 if the job is performed or based: To claim approved credits against tax liabilities, submit • in or within 10 miles of the external boundary of High-Wage Jobs Tax Credit Claim Form, RPD-41290, with the Albuquerque, Las Cruces, Rio Rancho, or the city of tax or surcharge return to which you want to apply the Santa Fe, or credit. You may apply the credit against tax owed on Form CRS-1, less local option gross receipts taxes; RPD- • in the county of Los Alamos, Enhanced 911 Services Surcharge; 41114, or RPD-41116, and $28,000 if the job is performed or based anywhere else Telecommunications Relay Service Surcharge in the state. . When applying the credit to Form CRS-1, you must pay any gross receipts For a new high-wage economic-based job created on or tax due over the state rate of 5.125%. The Department will after July 1, 2015: refund any excess credit. a. $60,000 if the job is performed or based in or DEFINITIONS within 10 miles of the external boundaries of a eligible employer An is an employer that: municipality with a population of 60,000 or more a. sold and delivered more than fifty percent of its according to the most recent federal decennial goods produced in New Mexico or non-retail services census or in a class H county; and performed in New Mexico to persons outside New Mexico b. $40,000 if the job is performed or based in a for use or resale outside New Mexico during the applicable municipality with a population of less than 60,000 qualifying period, provided that the fifty percent of those according to the most recent federal decennial goods or services is measured by the eligible employer's census or in the unincorporated area, that is not gross receipts; within 10 miles of the external boundaries of a municipality with a population of 60,000 or more, b. is receiving or is eligible to receive development of a county other than a class H county. training program assistance pursuant to Section 21-19-7 NMSA 1978 during the applicable qualifying period; and The qualified job must be occupied for at least 48 weeks during a qualifying period, and an eligible employee must c. whose principal business activities at the location be paid at least $60,000 if the job is performed or based: in New Mexico for which the high-wage jobs tax credit is being claimed consist of manufacturing or performing • in or within 10 miles of the external boundary of non-retail services during the applicable qualifying period. Albuquerque, Las Cruces, Rio Rancho, or the city of Santa Fe, or new high-wage economic-based job A means a job created • in the county of Los Alamos, in New Mexico by an eligible employer on or after July 1, and $40,000 if the job is performed or based anywhere else 2004 and prior to July 1, 2020, that is occupied for at least in the state. 48 weeks of a qualifying period by an eligible employee who is paid wages calculated for the qualifying period to be at The high-wage jobs tax credit may be claimed by an least: eligible employer for each new high-wage economic-based For a new high-wage economic-based job created prior job performed for the year in which the new high-wage to July 1, 2015: economic-based job is created and for the three consecutive qualifying periods. a. $40,000 if the job is performed or based in or within 10 miles of the external boundaries of a A new high-wage economic-based job shall not be eligible municipality with a population of 60,000 or more for a credit pursuant to this section for the initial qualifying according to the most recent federal decennial period unless the eligible employer's total number of census or in a class H county; and employees with threshold jobs on the last day of the b. $28,000 if the job is performed or based in a initial qualifying period at the location at which the job is municipality with a population of less than 60,000 performed or based is at least one more than the number according to the most recent federal decennial of threshold jobs on the day prior to the date the new census or in the unincorporated area, that is not high-wage economic-based job was created. within 10 miles of the external boundaries of a municipality with a population of 60,000 or more, A new high-wage economic-based job shall not be eligible for of a county other than a class H county; a credit pursuant to this section for a consecutive qualifying |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT APPLICATION FOR HIGH-WAGE JOBS TAX CREDIT INSTRUCTIONS Page 3 of 6 does not period unless the total number of threshold jobs at a location of New Mexico. Eligible employee include an at which the job is performed or based on the last day of that individual who: qualifying period is greater than or equal to the number of a. bears any of the relationships described in threshold jobs at that same location on the last day of the Paragraph (1) through (8) of 26 U.S.C. Section 152(a) to the initial qualifying period for the new high-wage employer or if the employer is a corporation to an individual economic-based job. who owns, directly or indirectly, more than 50% in value of the outstanding stock of the corporation or, if the employer A new high-wage economic-based job shall not be eligible for is an entity other than a corporation to an individual who a credit pursuant to this section if: owns, directly or indirectly, more than 50% of the capital 1. the new high-wage economic-based job is created due and profits interest in the entity; to a business merger or acquisition or other change in b. if the employer is an estate or trust; is a grantor, business organization; beneficiary, or fiduciary of the estate or trust; or is an 2. the eligible employee was terminated from employment individual who bears any of the relationships described in in New Mexico by another employer involved in the Paragraphs (1) through (8) of 26 U.S.C. Section 152(a) to a business merger or acquisition or other change in grantor, beneficiary, or fiduciary of the estate or trust; business organization with the taxpayer; and c. is a dependent, as that term is described in 26 3. the new high-wage economic-based job is performed by: U.S.C. Section 152(a)(9), of the employer or if the taxpayer a. the person who performed the job or its is a corporation of an individual who owns, directly or functional equivalent prior to the business indirectly, more than 50% in value of the outstanding stock merger or acquisition or other change in business of the corporation, or if the employer is an entity other organization; or than a corporation, of an individual who owns, directly or indirectly, more than 50% of the capital and profits interest b. a person replacing the person who performed the in the entity, or if the employer is an estate or trust of a job or its functional equivalent prior to a business grantor, beneficiary, or fiduciary of the estate or trust; or merger or acquisition or other change in business organization. d. is working or has worked as an employee or as an independent contractor for an entity that, directly If, however, a new high-wage economic-based job was created or indirectly, owns stock in a corporation of the eligible by another employer and for which an application for the employer or other interest of the eligible employer that high-wage jobs tax credit was received and is under review by represents 50% or more of the total voting power of that the Taxation and Revenue Department prior to the time of the entity or has a value equal to 50% or more of the capital and business merger or acquisition or other change in business profits interest in the entity. organization, the employer shall remain eligible for the Resident means a natural person whose domicile is in New high-wage jobs tax credit for the balance of the qualifying Mexico at the time of hire or within 180 days of the date of periods. The new employer that results from a business hire. merger or acquisition or other change in business organization may only claim the high-wage jobs tax credit for Domicile means the sole place where an individual has the balance of the qualifying period for which the qualifying a true, fixed, permanent home. It is the place where the job is otherwise eligible. individual has a voluntary, fixed habitation of self and family with the intention of making a permanent home. A job shall not be eligible for a credit pursuant to this section if the job is created due to an eligible employer entering Qualifying period means the 12 months beginning on the into a contract or becoming a subcontractor to a contract day an eligible employee begins working in a new high-wage with a governmental entity that replaces one or more economic-based job, or 12 months beginning on the entities performing functionally equivalent services for anniversary of the day an eligible employee began working the governmental entity unless the job is a new high-wage in a new high-wage economic-based job. economic-based job that was not performed by an employee of the replaced entity. Wages means all compensation paid by an eligible employer Eligible employee to an eligible employee through the employer's payroll means an individual who is employed in New Mexico by an eligible employer and who is a resident system, including those wages that the employee elects to |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT APPLICATION FOR HIGH-WAGE JOBS TAX CREDIT INSTRUCTIONS Page 4 of 6 defer or redirect or the employee's contribution to a 401(k) at the same time and in the same manner as the gross or cafeteria plan program, but wages does not include receipts tax, such as the compensating tax, the withholding benefits or the employer's share of payroll taxes. tax, the interstate telecommunications gross receipts tax, Benefits and the surcharges imposed by Section 63-9D-5 NMSA 1978 means all remuneration for work performed and the surcharge imposed by Section 63-9F-11 NMSA 1978, that is provided to an employee in whole or in part by the minus the amount of any credit other than the high-wage employer, other than wages, including insurance programs, jobs tax credit applied against any or all of these taxes or health care, medical, dental and vision plans, life insurance, surcharges; but modified combined tax liability excludes employer contributions to pensions, such as a 401(k), and all amounts collected with respect to local option gross employer-provided services such as childcare offered by receipts taxes. an employer to the employee. Benefits does not include the Certification for Job Training Incentive Program (JTIP) employer's share of payroll taxes, social security, medicare assistance. contributions, federal or state unemployment insurance If you are certified for JTIP assistance, you contributions, or workers' compensation. may also qualify as an eligible employer for purposes of the Modified combined tax liability high-wage jobs tax credit. For information on becoming means the total liability certified for JTIP assistance, visit the New Mexico Economic for the reporting period for the gross receipts tax imposed Development Department's web page, www.gonm.biz, or call by Section 7-9-4 NMSA 1978 together with any tax collected (800) 374-3061. |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT HIGH-WAGE JOBS TAX CREDIT RPD-41376, EMPLOYEE ELIGIBILITY DETAIL REPORT INSTRUCTIONS Page 5 of 6 Employee Eligibility Detail Report, Column L RPD-41376, must : Enter the position title. Application accompany your submission of RPD-41288, Column M for High-Wage Jobs Tax Credit : Enter the position number. You can choose , to the New Mexico Taxation any numeric characters, which must remain the same for and Revenue Department. You can download RPD-41376, Employee Eligibility Detail Report, purposes of reporting this high-wage job. The number must from our website at www. be unique to the position and separate from the employee tax.newmexico.gov. Complete all information requested on occupying the position. the form and attach the form to the application along with the other required documents. See the column instructions Column N : Enter the date the qualifying position was listed next. created. Use the date format mm/dd/ccyy. The job must be created on or after 07/01/2004 and prior to 07/01/2020. COLUMNS A THROUGH G Columns O and P You only need to enter the data in columns A through G : Enter the beginning and ending date of once. the qualifying period included in this application. Use the When you enter the employee's last name in column Qualifying date format mm/dd/ccyy. See the definition of H, subsequent rows self-populate with the information period on page 3. provided in the first row. Make sure the information in these rows matches the information for the eligible employer on Column Q : Enter the number of qualified periods previously Application for High-Wage Jobs Tax Credit RPD-41288, . claimed for this position. The high-wage jobs tax credit is limited to the year the position was created and three Column A : Enter the name of the eligible employer. consecutive qualifying periods for each job. Column B Column R : Enter employer's New Mexico CRS identification : Enter the number of weeks the job was occupied number. during the qualifying period by the employee filling the Column C position. : Enter employer's Federal Employer Identification Number (FEIN). Column S : Enter the total number of employees with day prior Column D yes no high-wage positions on the to the day the position : Enter or if the applicant employer sold was created. and delivered more than 50% of its goods produced in New Column T Mexico or non-retail services performed in New Mexico to : Enter the total number of employees with last day persons outside New Mexico for use or resale outside New high-wage positions on the of the current qualifying Mexico during the applicable qualifying period, provided period. For each new qualified high-wage job, the number of that the 50% of those goods or services is measured by the high-wage jobs must be at least one more than the number of eligible employer's gross receipts. high-wage jobs employed on the day prior to the day the job Column E yes no was created. : Enter or if the applicant employer is Column U yes receiving or is eligible to receive development training : Enter if the employee was paid $40,000 program assistance pursuant to Section 21-19-8 NMSA 1978. or more in taxable wages, the job is created prior to July Column F yes no 1, 2015, and the position was located in one of the areas : Enter or if the employer has been involved Areas For Columns U described in the next section, in a merger or acquisition between January 1, 2004 and the Through X , during the qualifying period. Otherwise, enter date of the application. no . Column G Application for the : Enter the date RPD-41288, Column V yes High-Wage Jobs Tax Credit : Enter if the employee was paid $28,000 or , that included this position, was more in taxable wages, the job is created prior to July 1, signed. Use the date format mm/dd/ccyy. 2015, and the position was located in an area in New Mexico COLUMNS H THROUGH AC other than one of the areas described in the next section, Areas For Columns U Through X Columns H-J , during the qualifying : Enter the name (last name, first name, middle no period. Otherwise, enter . initial) of the employee who is filling the position. If more Column W than one employee occupied the qualifying job during the : For jobs created on or after July 1, 2015, enter yes qualifying period, complete a separate row for each eligible if the employee was paid $60,000 or more in taxable employee. wages, and the position was located in one of the areas Areas For Columns U Column K described in the next section, : Enter the employee's social security number. Through X , during the qualifying period. Otherwise, enter no . |
RPD-41288 STATE OF NEW MEXICO Rev. 12/08/2016 TAXATION AND REVENUE DEPARTMENT HIGH-WAGE JOBS TAX CREDIT RPD-41376, EMPLOYEE ELIGIBILITY DETAIL REPORT INSTRUCTIONS Page 6 of 6 Column X yes Column AA : For jobs created on or after July 1, 2015, enter : Enter the taxable wages and employer paid if the employee was paid $40,000 or more in taxable wages, benefits paid during the qualifying period (the sum of and the position was located in an area in New Mexico other column Y and column Z). Areas than one of the areas described in the next section, Column AB For Columns U Through X : Multiply column AA by 10% and enter it. , during the qualifying period. no Column AC Otherwise, enter . : Enter the lesser of column AB or $12,000. This is the amount of high-wage job tax credit claimed for this Areas For Columns U Through X position during the qualifying period. If more than one Municipalities with a population of 60,000 thousand or more qualified employee occupied this job during this period, according to the most recent federal decennial census or a adjust the amount so that the total credit claimed for all class H county: qualified employees during this period does not exceed • in or within 10 miles of the external boundry of $12,000. (Enter this amount on Line 2 of RPD-41288, Application for High-Wage Jobs Tax Credit Albuquerque, Las Cruces, Rio Rancho, or the city of .) Santa Fe, or IMPORTANT: Submit all required documentation along • in the county of Los Alamos Application for High-Wage Jobs Tax Credit with RPD-41288, . Column Y : Enter the gross wages paid during the qualifying The Department may require you to furnish additional period. Do not include benefits paid by the employer or the documentation to verify eligibility. employer's share of payroll taxes. COLUMNS AD THROUGH AF Column Z employer paid : Enter the benefits paid during Do not enter any information in columns AD through AF. the qualifying period. Do not include the employer's share of These columns are for Department use only. payroll taxes. |