Fiduciary Income Tax for Trusts and Estates

Generally, a fiduciary must file an income tax return if it is a resident trust or estate that generates income, or a non-resident trust or estate that generates income from New Mexico sources.

Every fiduciary who must file a federal Fiduciary Income Tax Return (federal Form 1041) also files a FID-1, New Mexico Fiduciary Income Tax Return. The exception is a fiduciary of a grantor trust that must file federal Form 1041 under federal regulation 1.671-4(a).

The fiduciary must file a tax return if:

  1. The trust is a resident of New Mexico;
  2. The estate is of a decedent who was a resident of New Mexico, or
  3. The trust or estate has income from:
    • a) transaction of business in, into or from New Mexico;
    • b) property in New Mexico, or
    • c) compensation in New Mexico.

An estate is a New Mexico estate if the decedent was domiciled in New Mexico. A trust is domiciled in New Mexico if the trustee is a resident of New Mexico or if the principal place from which the trust is managed or administered is in New Mexico.

Generally, grantor trusts do not file form FID-1. If, however, a grantor trust becomes irrevocable upon the grantor’s death, it must file form FID-1.

The income tax rate for estates and trusts is graduated according to taxable income. The tax rates for each income level range from 1.7% for income not over $5,500, to 4.9% for income in excess of $16,000.

We deposit fiduciary taxes to the Tax Administration Suspense Fund, and after refunds, rebates and credits are paid, they are distributed like other personal income taxes.

Contact Information

New Mexico Taxation and Revenue Department
Corporate Income Tax-Correspondence
P.O. Box 25127
Santa Fe, NM 87504-5127

For assistance, call (505) 827-0825.
Or for tax return help, email us at CIT.TaxReturnHelp@state.nm.us.

Links

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Statutory Reference: Look for Article 7, Section 2 NMSA 1978

Fiduciary Income Tax Forms and Documents