Information Returns

1099-MISC: Oil & Gas Royalties

W-2, W-2G & 1099-R Forms

Magnetic Media

Combined Federal/State Program

Taxpayer Information

For Further Assistance

The Taxation and Revenue Department requires submission of copies of some, but not all, federal information returns. Currently, the Department requires the 1099-MISC, the W-2, W-2G, and 1099-R. Read on for details on those requirements.

 The Department requires 1099 Information Returns from persons or other entities who pay rents and royalties from oil and gas properties located in New Mexico and who are required to file a federal form 1099-MISC on such payments (3 NMAC 3.20.8). The state copy of the 1099-MISC must be filed with the Department by June 15 of each year. Corrected information returns may be filed on a paper form or on magnetic media at any time. The Department does not require the 1099-MISC to be submitted for income that is not related to oil and gas rental or royalty income.

W-2, W-2G & 1099-R FORMS 

Employers, gambling establishment operators and payers are required to submit copies of W-2s, W-2Gs and 1099-Rs to New Mexico on or before the last day of February of each year. Information contained on the W-2, W-2G or 1099-R forms may be provided using paper forms or magnetic media. Paper forms may be obtained at most office supply stores.

New Mexico requires employers, payers and operators to provide a copy of the W-2, W-2G and 1099-R to employees, payees and wagerers on or before January 31^st.

All magnetic media filings must comply with the Internal Revenue Service reporting requirements for filing of information returns. Specifications for filing 1099 Information returns on magnetic media are covered by the Internal Revenue Service (IRS) specifications (see page 5 on how to contact the IRS).

Duplicate copies of the information sent to the Social Security Administration will be accepted by the Taxation and Revenue Department as long as they contain the "S" record with the state reporting information. The main fields necessary are the state taxable wages and state income tax withheld.

 If you choose to report information using magnetic media, you should enclose specific information about your tape (company name, number of records, density, block factor, etc.) on the exterior label. The submitted media become the property of the State of New Mexico and will not be returned without a written request submitted at the time the media are sent to the department.

Magnetic media filings of W-2, W-2G and 1099-R forms should be submitted to the state on or before the last day of February and 1099 MISC information returns should be filed by June 15^th.  

New Mexico participates in the combined federal/state program. If you have been approved to participate in the federal program, submit a copy of your acceptance notification to the Taxation and Revenue Department, P.O. Box 25122, Santa Fe, New Mexico 87504-5122. Upon filing your acceptance notification, you are registered with the Department for participation in the combined federal/state program.

The Department offers a variety of taxpayer information. Some information is free and other information must be purchased.

General Information. FYIs and Bulletins present general information with a minimum of technical language. All FYIs and Bulletins are free and available through all local tax offices, the Tax Information and Policy Office and on the Internet. The Taxation and Revenue Department’s Internet address is:

http://www.tax.state.nm.us

Regulations. The Department promulgates regulations to interpret and exemplify the various tax acts administered by the Department. The Taxation and Revenue Department regulation book is available for $45.00, prepaid. The order form is available at all local tax offices, through the Tax Information and Policy Office and on the Department’s web page. Specific regulations are also available at the State Records Center.

Rulings. Rulings signed by the Department Secretary and approved by the Attorney General are written statements that apply to one or a small number of taxpayers. A taxpayer may request a ruling (at no charge) to clarify its tax liability or responsibility under specific circumstances. The request for a ruling must be in writing, include accurate taxpayer identification and the details about the taxpayer’s situation, and be addressed to the Secretary of the Taxation and Revenue Department. The taxpayer’s representative, such as an accountant or attorney, may request a ruling on behalf of the taxpayer but must disclose the name of the taxpayer. While the Department is not required to issue a ruling when requested to do so, the Department carefully considers every request. The Department will not issue a ruling to a taxpayer who is undergoing an audit, who has an outstanding assessment, or who is involved in a protest or litigation with the Department over the subject matter of the request. All rulings issued by the department are compiled and available on the Department’s web page or on diskette for $25.00, prepaid. The order form is available at all local tax offices, through the Tax Information and Policy Office and on the Department’s web page.

Public Decisions & Orders. All public decisions & orders issued by the hearing officers since July 1994, are compiled and available on the Department’s web page or on diskette for $25.00, prepaid. The order form is available at all local tax offices, through the Tax Information and Policy Office and on the Department’s web page.

Local tax offices can provide full service and information about the Department's taxes, programs, and forms as well as specific information about your filing situation. The main switchboard number in Santa Fe is:  505-827-0700.

On request, this publication can be made available in various accessible forms. Please contact: ADA (Americans with Disabilities Act) Coordinator, New Mexico Taxation and Revenue Department, P.O. Box 630, Santa Fe, NM 87504-0630; (505) 827-0369. For TDD (telecommunications device for the deaf) service, call through the New Mexico Relay Network: (505) 889-0420 in the Albuquerque area and out of state, 1-800-659-8331 or 1-800-659-1779 (voice).