RPD-41339: RPD-41339 Biodiesel Blending Facility Tax Credit Approval Request (Revision 2015-06)
New Mexico · New Mexico TRD · Used for tax years 2024, 2025, 2026
Form RPD-41339 requests New Mexico approval of the Biodiesel Blending Facility Tax Credit. It reports eligible equipment and installation costs and the amount of credit requested against gross receipts or compensating tax.
Who files this form
Form RPD-41339 is for eligible rack operators requesting approval of the New Mexico biodiesel blending facility tax credit.
To qualify, the rack operator must:
- Install equipment it owns to establish or expand a facility that produces blended biodiesel fuel.
- Be registered with the New Mexico Taxation and Revenue Department (TRD) and file Form RPD-41307, Rack Operator Report.
- Obtain a dated certificate of eligibility from the Energy, Minerals and Natural Resources Department (EMNRD).
What you'll need
Submit these items to TRD:
- A completed and signed Form RPD-41339.
- A copy of the certificate of eligibility from EMNRD.
- Copies of invoices for the certified equipment and installation costs.
To complete the form, have the business name, address, New Mexico Business Tax Identification Number (NMBTIN), contact person's name and phone number, and actual eligible equipment and installation costs.
How to file
- First apply to EMNRD for approval of the equipment purchase and installation costs.
- After receiving the certificate of eligibility, complete the business information and Section I of Form RPD-41339. Enter the actual eligible costs on line 1. On line 2, multiply line 1 by 30%, but do not enter more than $50,000 per facility.
- Sign and date the request. Section II is for TRD to complete.
- Mail the form, certificate copy, and invoice copies to:
Taxation and Revenue Department
Special Fuels Tax
P.O. Box 25123
Santa Fe, New Mexico 87504-25123
After TRD approves the credit, submit Form RPD-41321, Biodiesel Blending Facility Tax Credit Claim Form, with the return for the report period in which you want to use the credit against gross receipts or compensating tax.
For help completing the form, obtaining TRD approval, or claiming the credit, call (505) 476-3683.
Common mistakes
- Requesting more than the per-facility limit. Line 2 specifically says not to enter more than $50,000 for each facility.
- Claiming the credit before TRD approval. The form directs taxpayers to obtain approval before applying the credit to tax due.
- Overlooking the recapture requirement. If you have claimed the credit and stop biodiesel blending without completing at least 180 days of facility availability within the first 365 days after EMNRD issues the certificate, you must notify TRD. TRD will cancel unused approved credit and assess the tax owed for periods in which the credit was used. Those assessments must be paid within 425 days of the certificate's issuance date.
Questions people ask
Who counts as a rack operator?
A rack operator is an operator of a refinery in New Mexico, a person who blends special fuel in New Mexico, or an owner of special fuel stored at a pipeline terminal in New Mexico.
How much is the credit?
The credit equals 30% of eligible equipment purchase and installation costs, up to $50,000 for equipment installed at any one facility.
Can unused credit be carried forward?
Yes. Unused credit may be carried forward for four years from the date of the certificate of eligibility issued by EMNRD.
Is there a statewide limit on approvals?
Yes. TRD cannot approve credits if total cumulative claims for all taxpayers for the calendar year exceed $1,000,000. Requests are reviewed in the order received. Requests exceeding the annual limit may be considered for approval in the next calendar year.
How can I get help obtaining the certificate of eligibility?
Contact EMNRD at (505) 476-3315 or visit www.cleanenergynm.org.