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Form RPD-41083 Affidavit to Obtain Refund of New Mexico Tax
the affiant here in having been duly sworn states upon oath: the affiant herein having been duly sworn states upon oath: AFFIDAVIT TO OBTAIN REFUND automatically be issued to the estate of the decedent City State ZIP code Claimant's mailing address Claimant's contact number Date of death Decedent's social security number DEFINITIONS For purposes of this form a personal representative is the executor or administrator of the decedent s estate as certified or appointed by the court A copy of the decedent s will cannot be accepted as evidence that you are the personal representative For purposes of this form a successor is a person other than a creditor who is entitled to property of a decedent under the decedent s will or the Uniform Probate Code Section 1 21(42) I request a refund of taxes overpaid by or on behalf of the decedent Under penalty of perjury I declare that I have examined this claim and to the best of my knowledge and belief it is true correct and complete If you are a court appointed or certified personal representative you must file Form RPD 41083 with the taxpayer s refund claim (New Mexico Personal Income Tax Return) Complete Part 1: Affidavit for Personal Representative sign and date the affidavit A notary is not required Attach the completed Form RPD 41083 and a copy of the death certificate or other proof of death to the taxpayer s refund claim Complete the deceased taxpayer and claimant information on page 1 of the New Mexico Personal Income Tax Return include all attachments and If you are a successor who is not a surviving spouse filing an original or amended joint return with the decedent and no personal representative has been appointed you must file Form RPD 41083 with the taxpayer s refund claim (New Mexico Personal Income Tax Return) Complete Part 2: Affidavit for Successor sign and date the affidavit A notary is required Attach the completed Form RPD 41083 and a copy of the death certificate or other proof of death to the taxpayer s refund claim Complete the deceased taxpayer and claimant information on page 1 of the New Mexico Personal Income Tax Return include all attachments and mail to the address below If you are a surviving spouse filing an original or amended joint return with the decedent you DO NOT need to file this form When a deceased taxpayer s information is completed on page 1 of the New Mexico Personal Income Tax Return (Form PIT 1) and a copy of the death certificate or other proof of death is attached to the PIT 1 a warrant will automatically be issued to the surviving spouse If you are a trustee designated by the trust to manage the decedent s affairs you DO NOT need to file this form When a deceased taxpayer s information is completed on page 1 of the New Mexico Personal Income Tax Return (Form PIT 1) and a copy of the death certificate or other proof of death is attached to the PIT 1 a warrant will If you are not a surviving spouse and no personal representative has been appointed you must include Form RPD 41083 with the taxpayer's refund claim (New Mexico income tax return) Complete Part 2: Affidavit for Successor and sign and notarize the affidavit Instructions mail to the address below Mail your New Mexico Personal Income Tax Return to: Name of decedent Name of person claiming refund Claimant's social security number New Mexico Taxation and Revenue Department Notary Public My Commission Expires OF NEW MEXICO TAX DUE A DECEASED TAXPAYER P O Box 25122 Part 1: Affidavit for Personal Representative Part 2 Affidavit for Successor Personal Representative Proof of Death Purpose of Form Form RPD 41083 is to be used to claim a refund of New Mexico tax on behalf of a deceased taxpayer Santa Fe New Mexico 87504 5122 Signature of person claiming refund Date STATE OF NEW MEXICO TAXATION & REVENUE DEPARTMENT Subscribed and sworn before me this day of 20 Successor Tax year decedent was due a refund: Calendar year or other tax year beginning and ending That a copy of that court appointment is attached That a copy of the death certificate or proof of death is attached (An original or an authentic copy of a telegram or letter from the Department of Defense notifying the next of kin of the decedent's death while in active service will constitute proof of death ) That a copy of the death certificate or proof of death is attached (An original or an authentic copy of a telegram or letter from the Department of Defense notifying the next of kin of the decedent's death will constitute proof of death ) That a refund claim (New Mexico income tax return) on behalf of the decedent is attached That he or she has been appointed by a court as the personal representative for the estate of the decedent That he or she is the successor of deceased That the affiant as successor of the decedent is entitled to the payment of any sums of money due and owing to the decedent That the value of the entire probate estate of the decedent wherever located less liens and encumbrances does not exceed $50 000 That thirty (30) days have elapsed since the death of the decedent the death certificate or The proof of death must be an authentic copy of either of the following: the telegram or letter from the Department of Defense notifying the next of kin of the decedent s death while in active service WhO MUST FIlE Who Must File If you are a court appointed or certified personal representative you must include Form RPD 41083 with the taxpayer's refund claim (New Mexico income tax return) Complete Part 1: Affidavit for Personal Representative and sign the affidavit Notary is not required WhO ShOUlD NOT FIlE ThIS FORM