Form RPD-41354 "Declaration of Principal Place of Business or Residence in New Mexico" - New Mexico

What Is Form RPD-41354?

This is a legal form that was released by the New Mexico Taxation and Revenue Department - a government authority operating within New Mexico. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on August 24, 2012;
  • The latest edition provided by the New Mexico Taxation and Revenue Department;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form RPD-41354 by clicking the link below or browse more documents and templates provided by the New Mexico Taxation and Revenue Department.

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Download Form RPD-41354 "Declaration of Principal Place of Business or Residence in New Mexico" - New Mexico

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STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
RPD-41354
Rev. 08/24/2012
DECLARATION OF PRINCIPAL PLACE OF BUSINESS OR
RESIDENCE IN NEW MEXICO
Purpose of this form: Corporations whose principal place of business is in New Mexico and individuals who are residents of New
Mexico, who are recipients of oil and gas proceeds from a well located in New Mexico or owners of a pass-through entity (PTE)
earning income sou
rced to New Mexico, may submit this form to the payor to establish that oil and gas proceeds withholding
tax or pass-through entity withholding tax is not required on their net income or receipts of oil and gas proceeds.
Effective January 1, 2011, remitters of oil and gas proceeds and pass-through entities are not required to withhold from:
1) corporations whose principal place of business is in New Mexico, or 2) individuals who are residents of New Mexico. If
the corporation establishes that its principal place of business is in New Mexico or an individual establishes that his or her
residence is in New Mexico, it does not matter where remittances to the corporation or individual are sent. To establish that
you are not subject to the withholding required under the Oil and Gas Proceeds and Pass-through Entity Withholding Tax
Act, you may submit this form to the remitter or the PTE.
Remitters of oil and gas proceeds and PTEs may also rely on a New Mexico address on Form 1099Misc, pro-forma
1099Misc or other New Mexico annual statements of income and withholding, Forms RPD-41285 or RPD-41359, to es-
tablish residency in New Mexico or a principal location in New Mexico. If it is a corporation, reasonable documentation can
also include copies of incorporation papers or information from the New Mexico Public Regulation Commission web site
indicating that the corporation is a New Mexico corporation in good standing and including its address. See the instructions
for Forms RPD-41284, Quarterly Oil and Gas Proceeds Withholding Tax Return, or RPD-41367, Annual Withholding of Net
Income From a Pass-Through Entity Detail Report, for a discussion of the types of documentation that are acceptable as
proof that withholding is not required.
If the circumstances for the individual or the corporation changes, the individual or the corporation must notify the remitter
or the PTE at once. If the individual changes domicile to outside New Mexico, or a corporation moves its principal place of
business to a location outside New Mexico, the remitter or the PTE will then be required to withhold against the owner’s net
income from the pass-through entity or the remittee’s oil and gas proceeds provided that no other reasonable cause for not
withholding exists.
A PTE who is an owner or a remittee may not submit this form to avoid the withholding tax requirement of a paying PTE or
remitter. The PTE owner or PTE remittee may submit Form RPD-41353, Owner’s or Remittee’s Agreement to Pay Withhold-
ing On Behalf of a Pass-Through Entity or Remitter, or other documentation as proof of reasonable cause for not withholding
from an owner or remittee.
Note: When revisions to this form occur, the previous version will satisfy the documentation requirements for establishing that
the remittee or owner is a New Mexico resident or maintains a principal place of business in New Mexico. A new declaration
need not be obtained from the remittee or owner.
Name (please print)
Federal identification number (SSN or FEIN)
Permanent residence or place of business - physical location only
Telephone number
City, state and ZIP code
Check One:
I am a resident of New Mexico for tax purposes because I am domiciled in New Mexico, which means
New Mexico is my permanent home; I must file or intend to file a New Mexico tax return as a resident
or first-year resident, and I am domiciled in New Mexico on the last day of the taxable year, December
31.
The business is a corporation whose principal place of business is located in New Mexico, which means
there is a physical location in New Mexico from which the business or trade is directed or managed.
I declare under penalty of perjury that I have completed this document and to the best of my knowledge, it is
true, correct and complete.
Signature _________________________________________ Date _____________
Title __________________________________
STATE OF NEW MEXICO - TAXATION AND REVENUE DEPARTMENT
RPD-41354
Rev. 08/24/2012
DECLARATION OF PRINCIPAL PLACE OF BUSINESS OR
RESIDENCE IN NEW MEXICO
Purpose of this form: Corporations whose principal place of business is in New Mexico and individuals who are residents of New
Mexico, who are recipients of oil and gas proceeds from a well located in New Mexico or owners of a pass-through entity (PTE)
earning income sou
rced to New Mexico, may submit this form to the payor to establish that oil and gas proceeds withholding
tax or pass-through entity withholding tax is not required on their net income or receipts of oil and gas proceeds.
Effective January 1, 2011, remitters of oil and gas proceeds and pass-through entities are not required to withhold from:
1) corporations whose principal place of business is in New Mexico, or 2) individuals who are residents of New Mexico. If
the corporation establishes that its principal place of business is in New Mexico or an individual establishes that his or her
residence is in New Mexico, it does not matter where remittances to the corporation or individual are sent. To establish that
you are not subject to the withholding required under the Oil and Gas Proceeds and Pass-through Entity Withholding Tax
Act, you may submit this form to the remitter or the PTE.
Remitters of oil and gas proceeds and PTEs may also rely on a New Mexico address on Form 1099Misc, pro-forma
1099Misc or other New Mexico annual statements of income and withholding, Forms RPD-41285 or RPD-41359, to es-
tablish residency in New Mexico or a principal location in New Mexico. If it is a corporation, reasonable documentation can
also include copies of incorporation papers or information from the New Mexico Public Regulation Commission web site
indicating that the corporation is a New Mexico corporation in good standing and including its address. See the instructions
for Forms RPD-41284, Quarterly Oil and Gas Proceeds Withholding Tax Return, or RPD-41367, Annual Withholding of Net
Income From a Pass-Through Entity Detail Report, for a discussion of the types of documentation that are acceptable as
proof that withholding is not required.
If the circumstances for the individual or the corporation changes, the individual or the corporation must notify the remitter
or the PTE at once. If the individual changes domicile to outside New Mexico, or a corporation moves its principal place of
business to a location outside New Mexico, the remitter or the PTE will then be required to withhold against the owner’s net
income from the pass-through entity or the remittee’s oil and gas proceeds provided that no other reasonable cause for not
withholding exists.
A PTE who is an owner or a remittee may not submit this form to avoid the withholding tax requirement of a paying PTE or
remitter. The PTE owner or PTE remittee may submit Form RPD-41353, Owner’s or Remittee’s Agreement to Pay Withhold-
ing On Behalf of a Pass-Through Entity or Remitter, or other documentation as proof of reasonable cause for not withholding
from an owner or remittee.
Note: When revisions to this form occur, the previous version will satisfy the documentation requirements for establishing that
the remittee or owner is a New Mexico resident or maintains a principal place of business in New Mexico. A new declaration
need not be obtained from the remittee or owner.
Name (please print)
Federal identification number (SSN or FEIN)
Permanent residence or place of business - physical location only
Telephone number
City, state and ZIP code
Check One:
I am a resident of New Mexico for tax purposes because I am domiciled in New Mexico, which means
New Mexico is my permanent home; I must file or intend to file a New Mexico tax return as a resident
or first-year resident, and I am domiciled in New Mexico on the last day of the taxable year, December
31.
The business is a corporation whose principal place of business is located in New Mexico, which means
there is a physical location in New Mexico from which the business or trade is directed or managed.
I declare under penalty of perjury that I have completed this document and to the best of my knowledge, it is
true, correct and complete.
Signature _________________________________________ Date _____________
Title __________________________________