RPD-41359: RPD-41359 Annual Statement of Pass-through Entity Withholding (2025)
New Mexico · New Mexico TRD · Used for tax years 2025
New Mexico Form RPD-41359 is an annual statement that pass-through entities provide to their owners. It reports an owner’s New Mexico net income, New Mexico tax withheld, composite income tax paid, and share of credit for entity-level tax.
Who files this form
- Pass-through entities required to withhold New Mexico tax on a nonresident owner’s share of New Mexico net income must report that withholding annually to their owners. They may use RPD-41359, Form 1099-MISC, or a pro forma Form 1099-MISC.
- Entities that elect to pay entity-level tax, or pay composite income tax for owners who elect that treatment, must issue RPD-41359 to those owners.
- Owners must attach RPD-41359 to their New Mexico personal or corporate income tax return to claim entity-level or composite income tax credits. For a withholding credit, the permitted Form 1099-MISC alternatives may also be used.
Owners include partners, members, S corporation shareholders, and, for withholding purposes, beneficiaries of fiduciaries. If no owners received net income from the entity during a calendar year, no withholding statements are required for that year.
When it's due
For tax year 2025, send the reporting forms to owners by February 15 of the following year.
If February 15 falls on a Saturday, Sunday, or state or national legal holiday, the form is timely if it is postmarked on the next business day.
What you'll need
To complete RPD-41359, have the following information ready:
- Tax year.
- Entity FEIN, name, address, and phone number.
- Entity New Mexico Business Tax Identification Number (NMBTIN), if it has one. This field is optional.
- Owner’s name, address, and federal identification number, with the appropriate SSN/ITIN or FEIN box selected.
- Owner’s allocated New Mexico net income.
- New Mexico tax withheld, composite income tax paid, and the owner’s share of entity-level tax paid, as applicable.
Owners claiming a credit need the reporting statement and their required New Mexico income tax return. Only RPD-41359 supports entity-level or composite income tax credits.
How to file
For entities: File the applicable entity return with the New Mexico Taxation and Revenue Department: PTE, S-Corp, or FID-1. Complete a reporting statement for each owner and send each owner a copy.
On RPD-41359, enter the owner’s New Mexico net income on line 1, withholding tax on line 2, composite income tax on line 3, and share of entity-level tax on line 4, as applicable.
For owners: Attach RPD-41359 to the New Mexico income tax return on which you claim the credit. Form 1099-MISC or a pro forma Form 1099-MISC may also support a withholding credit, but not an entity-level or composite income tax credit.
The supplied text does not give a specific mailing address or e-filing procedure. It refers readers to FYI-330, Income and Withholding Returns and Electronic Filing, for more information.
Common mistakes
- Using someone else’s statement. Do not attach RPD-41359 unless you are listed as the owner or income recipient. You cannot use a statement issued to someone else.
- Passing a withholding statement to another taxpayer. An entity that receives a withholding statement must claim the tax withheld on its own New Mexico income tax return.
- Using Form 1099-MISC for an entity-level or composite income tax credit. Only RPD-41359 may support those credits.
- Combining multiple states’ amounts without identifying New Mexico’s share. If using Form 1099-MISC for income from multiple states, separately state the New Mexico income and New Mexico tax withheld.
- Leaving out the supporting statement. Owners must attach the appropriate reporting statement to claim the credit.
Questions people ask
Can Form 1099-MISC replace RPD-41359?
Yes, for reporting New Mexico withholding tax. Form 1099-MISC or a pro forma Form 1099-MISC may be used. Only RPD-41359 may be used for entity-level or composite income tax credits.
Does the entity need to provide New Mexico information with Schedule K-1?
An entity that uses Schedule K-1 or an equivalent form must also provide the owner’s allocated New Mexico net income and the amounts of New Mexico withholding tax, entity-level tax paid, or composite income tax paid.
Is the entity’s NMBTIN required?
The form marks the NMBTIN field as optional. The completion instructions say to enter it if the entity has one.
Where can I get help with this form?
Call the Santa Fe Office at (505) 827-0825, call toll free at (866) 809-2335 and select option 2, or email cit.taxreturnhelp@tax.nm.gov.