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The State of New Mexico requires pass-through entities (which may be a state law partnership or a limited liability company taxed as a partnership) to withhold tax at 5.9% on earnings of non-resident partners or members if the owners distributive share of net income is over $100 in a year.
Use Form 8888 if you want us to directly deposit your refund (or part of it) to either two or three accounts at a bank or other financial institution (such as a mutual fund, brokerage firm, or credit union) in the United States.
To request a refund of your withholdings for previous tax years, please contact the IRS at 1-800-829-1040 for Federal tax withholding refund and your State Revenue Office for state tax withholding refund. If we are not currently withholding State tax, you must call your State Tax office for a refund.
A pass-through entity (PTE) may use RPD-41373,Application for Refund of Tax Withheld From Pass-Through Entities, to request a refund of tax withheld from its net income ing to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.
You are also able to call 1-866-285-2996 and choose the self-serve option to get refund information.
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A pass-through entity, also known as a flow-through entity, is a business entity in which the profits pass through to the owner(s) of that business and are taxed at the individual tax rate. In other words, this business type is not subject to federal income tax.
Filing composite income tax for electing owners Under Section 7-3-14 NMSA 1978, a pass-through entity may also file a composite income tax return on behalf of electing nonresident members whose only source of income within the state is from pass-through entities.
The RPD-41071 is a form to apply for a tax refund from the New Mexico Taxation and Revenue Department. This application is necessary for those who have overpaid taxes, fees, or surcharges. Completing this form accurately is crucial to avoid delays or denials.

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