Section 7-3A-7 - Statements of withholding.
7-3A-7. Statements of withholding.
A. Every remitter shall:
(1) file an annual statement of withholding for each remittee that:
(a) is in a form prescribed by the department;
(b) is filed with the department on or before the last day of February of the year following that for which the statement is made; and
(c) includes the total oil and gas proceeds paid to the remittee and the total amount of tax withheld for the calendar year; and
(2) provide a copy of the annual statement of withholding to the remittee on or before February 15 of the year following the year for which the statement is made.
B. Every pass-through entity doing business in New Mexico shall:
(1) file an annual information return with the department that:
(a) is filed on or before the due date of the entity's federal return for the taxable year;
(b) is signed by the business manager or one of the owners of the pass-through entity; and
(c) contains all information required by the department, including the pass-through entity's gross income; the pass-through entity's net income; the amount of each owner's share of the pass-through entity's net income; and the name, address and tax identification number of each owner entitled to a share of net income; and
(2) provide to each of its owners sufficient information to enable the owner to comply with the provisions of the Income Tax Act [7-2-1 NMSA 1978] and the Corporate Income and Franchise Tax Act [7-2A-1 NMSA 1978] with respect to the owner's share of net income.
C. The department shall compile each year the annual statements of withholding received from the remitters and the annual information returns received from pass-through entities and compare the compilations with the records of corporations, individuals, estates or trusts filing income tax returns.