New Mexico Residential Estate Withholding Tax: Everything You Need to Know In New Mexico, residential estate transactions are subject to a withholding tax to ensure compliance with the state's tax laws. The New Mexico residential estate withholding tax aims to collect any unpaid tax liabilities associated with the sale or transfer of residential real estate properties. It is crucial for homebuyers and sellers to understand this tax to avoid any unexpected financial obligations during real estate transactions. Types of New Mexico Residential Estate Withholding Tax: 1. Withholding Tax on Franchise Tax Liability: Homebuyers or transferees must withhold and remit a portion of the sale proceeds when acquiring a residential property from a nonresident seller. The withholding rate is 3% of the purchase price or appraised value, whichever is higher. This amount is submitted to the New Mexico Taxation and Revenue Department (TRY) as an estimated payment towards the seller's potential state income tax obligations. 2. Withholding Tax on Pass-Through Entity Income: In cases where the seller is a pass-through entity, such as a partnership, limited liability company (LLC), or S-corporation, the buyer is required to withhold a portion of the sale proceeds and submit it to the TRY. The withholding rate is again 3% of the purchase price or appraised value, whichever is higher. 3. Voluntary Withholding Tax Agreement: Under certain circumstances, sellers may choose to enter into a Voluntary Withholding Tax Agreement with the TRY. This agreement allows the seller to voluntarily withhold a specific amount from the sale proceeds. This amount is then remitted to the TRY to fulfill their state income tax obligations. The voluntary withholding tax agreement provides an alternative to the mandatory withholding requirements. It is crucial to note that if the seller's actual tax liability is less than the withholding amount, they can file a tax return to claim a refund for the excess withholding. The seller should consult with a qualified tax professional to assess their situation and navigate the residential estate withholding tax effectively. Keywords: New Mexico, residential estate, withholding tax, franchise tax liability, pass-through entity income, Voluntary Withholding Tax Agreement, nonresident seller, tax liabilities, tax laws, homebuyers, transferees, purchase price, appraised value, Taxation and Revenue Department, state income tax obligations.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.