“Serving Those Who Served”

On December 1, 2009, the state of New Mexico started the process of refunding any state income tax which may have been withheld from the paychecks of Native American military personnel who were legally domiciled on tribal land in New Mexico while serving in the U.S. Armed Forces.

Governor Bill Richardson signed into law the Native American Veterans’ Income Tax Settlement Fund to pay for any refunds to eligible Native American soldiers or veterans. These refunds will be made on a “first come, first served” basis and will continue until the Fund is exhausted, until no further claims are received, or until the Fund expiration date of January 1, 2013 (December 31, 2012 is the last day to file a claim.)

Any Native American veteran or soldier, their widow, or the legally recognized executor/administrator of a deceased Native American veteran’s estate who believes they qualify for a Native American Veterans’ Income Tax settlement may file a claim with the state of New Mexico.

The process starts by filling out a claim form with the New Mexico Department of Veterans’ Services. This claim form can be found here or down below. Each form must be completed, signed, and accompanied by a copy of a Veteran’s DD-214 form or other official Department of Defense form proving an applicant’s veteran status.
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This packet should then be mailed to:

New Mexico Department of Veterans’ Services
Alan Martinez, Deputy Secretary
PO Box 2324
Santa Fe, NM 87504-2324

*All applications MUST be mailed. No FAX’es or e-mails will be accepted. The NMDVS will verify the applications and then send it to the New Mexico Department of Taxation and Revenue for processing and ultimate delivery of the approved refund.

Forms
Frequently Asked Questions (FAQ)
Intake Procedures
For further questions, call the NMDVS at 1-(866) 433-8387 toll-free

FAQ’s
Native American Veteran Tax Settlement Program

1. Who will qualify?

Any Native American who had state income taxes withheld from their military pay while on active duty and domiciled on tribal land.

2. What does domiciled mean?

A veteran must have had a New Mexico address and was living on tribal land in New Mexico prior to enlisting in the United States Military.

3. How much of a refund can I expect?

You can expect to be refunded for all taxes that were withheld-- plus interest.

4. What is the process for filing?

An application will be filed with the Department of Veterans’ Services to verify military service, the application will then be forwarded to the New Mexico Taxation and Revenue Department for processing of the refund.

5. What if I don’t have proof of service?

The New Mexico Department of Veterans’ Services will assist you in applying to the National Personnel Records Center in St. Louis, MO for the discharge.

6. What if I don’t have proof that I had taxes withheld?

The New Mexico Taxation and Revenue Department will contact the Defense, Finance and Accounting Services—which is the accounting branch of the U.S. Department of Defense (DoD)--to verify pay and tax status.

7. How long will it take to receive my refund?

If the application is complete and verified, settlement checks will be issued within 90 days by the New Mexico Department of Taxation and Revenue.

8. Do widows or dependents qualify?

Yes. Proof of marriage, a death certificate, or a birth certificate will be required as proof of relationship.

New Mexico Department of Veterans’ Services
State Benefits Division

Intake Procedures
Native American Veteran Income Tax Withholding
Settlement Fund Program

The New Mexico Department of Veterans’ Services is committed to assisting Native American Veterans in a timely manner.

Applications must be completed and submitted along with a copy of the veteran’s DD-214 and proof of residency on tribal land. 

The following procedures will then be followed for processing all applications for settlement:

1. Receive and date stamp all applications
2. All applications and attached supporting documents will then be reviewed by the NMDVS to ensure that each application is fully completed.  Information will be verified by checking the veteran’s attached copy of his/her DD-214 or other official Department of Defense form proving an applicant’s veteran status.
3. Applications will be signed and dated by the designated certifying official of DVS.
4. Applications will be entered into the appropriate database.
5. Applications will then be forwarded to TRD for processing.

Applications will be forwarded to:

New Mexico Department of Veterans’ Services
Alan Martinez, Deputy Secretary
PO Box 2324
Santa Fe, NM 87504-2324