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New Mexico Form W-4: What You Should Know

If you pay your employees in person in New Mexico, mail your completed form to the address  for the New Mexico Secretary of State, Division of Corporations and Business Regulation.  The address is here and on page two (2) of the 2017 Business Tax Guide for New Mexico pamphlet.  If your payment is paid through debit or credit card then the state tax form must be filled out by the customer. The 2025 New Mexico State Tax with W-4 form is still valid. However, in 2018, the 2025 Business Tax Guide for New Mexico applies instead of the state form. If you are paying an individual for personal services, or a business income payment, you do not need to fill out the 2025 form until July 1, 2018. If you have questions about the new 2025 tax form, please see the Tax Tips and FAQs page. Form W-4P (Substitute- W-4P) is now an effective replacement for Form W-4. This will eliminate much of the confusion about the various forms that should be used by a New Mexico taxpayer. See the “2017 Business Tax Guide for New Mexico” pamphlet for more information. Section II requires that the taxpayer has a valid employee's withholding certificate and a valid employee's or business' withholding certificate for New Mexico. In addition, Section II requires that the taxpayer has a valid DISC Form W-4 or other appropriate form containing all the following information: the taxpayer's name, address, and date of birth; whether the taxpayer is a sole proprietor, partnership, S corporation, association, or some type of trust (including a gift tax-qualified trust); whether the taxpayer has been employed by the taxpayer for one or more years during the past five years; the taxpayer's gross receipts and gross receipts from all sources during the five years preceding the filing of the return; the taxpayer's total payments as wages as reported on the taxpayer's individual income tax return for the preceding taxable year (or on a state tax return for New Mexico for the preceding taxable year); and the amount of all tax withheld from all payments made for services rendered under the taxpayer's ownership, control, or direction (and gross receipts from such payments). The DISC Form W-4 or Form W-4EZ must be issued by a certified public accountant on the taxpayer's behalf.

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