N.M. Stat. § 7-2-14 — NM Code / Chapter 7 / Article 2 / Section 7-2-14
§ 7-2-14. Low-income comprehensive tax rebate
Status: in_force

A. Except as otherwise provided in Subsection B of this section, any resident who files an individual New Mexico income tax return and who is not a dependent of another individual may claim a tax rebate for a portion of state and local taxes to which the resident has been subject during the taxable year for which the return is filed. The tax rebate may be claimed even though the resident has no income taxable under the Income Tax Act. Married individuals who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the tax rebate that would have been allowed on a joint return.

B. No claim for the tax rebate provided in this section shall be filed by a resident who was an inmate of a public institution for more than six months during the taxable year for which the tax rebate could be claimed or who was not physically present in New Mexico for at least six months during the taxable year for which the tax rebate could be claimed.

C. For the purposes of this section, the total number of exemptions for which a tax rebate may be claimed or allowed is determined by adding the number of federal exemptions allowable for federal income tax purposes for each individual included in the return who is domiciled in New Mexico plus two additional exemptions for each individual domiciled in New Mexico included in the return who is sixty-five years of age or older plus one additional exemption for each individual domiciled in New Mexico included in the return who, for federal income tax purposes, is blind plus one exemption for each minor child or stepchild of the resident who would be a dependent for federal income tax purposes if the public assistance contributing to the support of the child or stepchild was considered to have been contributed by the resident.

D. Except as provided in Subsection F of this section, the tax rebate provided for in this section may be claimed in the amount shown in the following table:

Modified gross

And the total number

income is:

of exemptions is:

But Not

6 or

Over

Over

1

2

3

4

5

More

$ 0

$ 1,000

$ 195

$ 260

$ 325

$ 390

$ 455

$ 520

1,000

1,500

220

315

405

505

570

675

1,500

2,500

220

315

405

505

570

705

2,500

7,500

220

315

405

505

570

730

7,500

8,000

205

310

390

495

575

730

8,000

9,000

185

285

375

480

575

700

9,000

10,000

170

250

340

425

510

665

10,000

11,500

145

210

275

360

445

600

11,500

13,000

130

185

235

295

365

480

13,000

14,500

115

170

220

275

315

390

14,500

16,500

105

155

185

235

285

335

16,500

18,000

100

130

165

210

250

300

18,000

19,500

90

115

145

180

220

260

19,500

21,000

80

105

140

165

185

230

21,000

23,000

80

105

140

165

185

230

23,000

24,500

75

100

120

145

170

195

24,500

26,000

65

90

115

140

155

180

26,000

27,500

55

80

105

130

140

170

27,500

29,500

50

75

100

115

130

155

29,500

31,000

40

55

80

100

115

130

31,000

32,500

35

50

65

80

100

105

32,500

34,000

25

40

50

65

80

90

34,000

36,000

15

35

40

55

65

75 .

E. If a taxpayer's modified gross income is zero, the taxpayer may claim a credit in the amount shown in the first row of the table appropriate for the taxpayer's number of exemptions as adjusted by the provisions of Subsection F of this section.

F. For the 2022 taxable year and each subsequent taxable year, the amount of rebate shown in the table in Subsection D of this section shall be adjusted to account for inflation. The department shall make the adjustment by multiplying each amount of rebate by a fraction, the numerator of which is the consumer price index ending during the prior taxable year and the denominator of which is the consumer price index ending in tax year 2021. The result of the multiplication shall be rounded down to the nearest one dollar ($1.00), except that if the result would be an amount less than the corresponding amount for the preceding taxable year, then no adjustment shall be made.

G. The tax rebates provided for in this section may be deducted from the taxpayer's New Mexico income tax liability for the taxable year. If the tax rebates exceed the taxpayer's income tax liability, the excess shall be refunded to the taxpayer.

H. For purposes of this section:

(1) “ consumer price index ” means the consumer price index for all urban consumers published by the United States department of labor for the month ending September 30; and

(2) “ dependent ” means “dependent” as defined by Section 152 of the Internal Revenue Code of 1986 , as that section may be amended or renumbered, but also includes any minor child or stepchild of the resident who would be a dependent for federal income tax purposes if the public assistance contributing to the support of the child or stepchild was considered to have been contributed by the resident.