reglab/housing_qa huggingface dataset:
NM Stat § 7-3-5 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-5 - Withholder liable for amounts deducted and withheld; exceptions.

Every withholder shall be liable for amounts required to be deducted and withheld by the Withholding Tax Act regardless of whether the amounts were in fact deducted and withheld, except that: A. if the withholder fails to deduct and withhold the required amounts and if the tax against which the required amounts would have been credited is paid, the withholder shall not be liable for those amounts not deducted and withheld; or B. if the withholder's failure to deduct and withhold the required amounts was due to reasonable cause, the withholder shall not be liable for amounts not deducted and withheld. History: 1953 Comp., § 72-15-53, enacted by Laws 1961, ch. 243, § 5; 1990, ch. 64, § 4; 1999, ch. 14, § 2; 2010, ch. 53, § 4. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in the introductory sentence, after "Every withholder", deleted "or pass-through entity"; in Subsection A, after "if the withholder", deleted "or pass-through entity"; and in Subsection B, after "if the withholder's", deleted "or pass-through entity", and after "reasonable cause, the withholder", deleted "or pass-through entity". Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011. The 1999 amendment, effective June 18, 1999, inserted "or pass-through entity" and "or pass-through entity's" throughout the section, and deleted "or not" following "of whether" in the introductory language. The 1990 amendment, effective July 1, 1990, substituted "Withholder" for "Employer" in the section heading and throughout the section and made a minor stylistic change in Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 530, 531, 596 to 607. Application of payments, made in satisfaction of employer's withholding tax liability, to employer's liability for penalties, 59 A.L.R. Fed. 484. 85 C.J.S. Taxation §§ 1719 to 1756.
NM Stat § 7-3-6 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-6 - Date payment due.

Taxes withheld under the provisions of the Withholding Tax Act must be paid on or before the twenty-fifth day of the month following the month when the taxes were required to be withheld. History: 1978 Comp., § 7-3-6, enacted by Laws 1969, ch. 25, § 1; 2000, ch. 33, § 4; 2010, ch. 53, § 5. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in the first sentence, deleted "Except for amounts withheld pursuant to the provisions of Section 7-3-12 NMSA 1978" and deleted the former last sentence, which provided that amounts withheld pursuant to Section 7-3-12 NMSA 1978 must be paid on or before the due date of the return for the pass-through entity. Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011. The 2000 amendment, effective May 17, 2000, added the exception for amounts withheld pursuant to the provisions of 7-3-12 NMSA 1978 from the time period that taxes must be paid, and added the stipulation that such amounts must be paid on or before the due date of the return for the pass-through entity.
NM Stat § 7-3-8 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-8 - Annual statement of withholding and information regarding state assistance for low-income New Mexicans to be provided to withholdees.

On or before January 31 of the year following that for which the annual statement of withholding is made pursuant to Section 7-3-7 NMSA 1978, a withholder shall provide to a withholdee:A. a copy of the annual statement of withholding; andB. information regarding state assistance for low-income New Mexicans, including information regarding refundable tax rebates and credits for low-income filers provided by the state, such as the low-income comprehensive tax rebate and the working families tax credit. The information shall be provided in English and in Spanish on a form and in a manner required by the department, and the department shall make the information available on the department's website. History: Laws 1999, ch. 205, § 1; 2003, ch. 2, § 7; 2019, ch. 270, § 14; 2021, ch. 116, § 3. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, required withholders of the withholding tax to provide to withholdees information regarding state assistance for low-income New Mexicans from the taxation and revenue department; in the section heading, deleted "Copy of the" and added "annual", after "statement of withholding", added "and information regarding state assistance for low-income New Mexicans", and after "to be", deleted "furnished the withholdee" and added "provided to withholdees"; in the introductory clause, deleted "A copy of the annual statement of withholding shall be furnished to the withholdee by the withholder", added "annual" preceding "statement", and after "statement", added "of withholding", and after "is made", added "pursuant to Section 7-3-7 NMSA 1978, a withholder shall provide to a withholdee"; and added Subsections A and B.The 1990 amendment, effective July 1, 1990, substituted "withholdee" for "employee" in the section heading and in the text, and substituted "to the withholdee by the withholder" for "the employee" and "January 31" for "February 15".
NM Stat § 7-3-9 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-9 - Withheld amounts credited against tax.

The entire amount of income upon which tax was deducted and withheld shall be included in the gross income of the withholdee for state income tax purposes. The amount of tax deducted and withheld under the provisions of the Withholding Tax Act during the taxable year shall be credited against any state income tax liability for that taxable year. History: 1953 Comp., § 72-15-59, enacted by Laws 1961, ch. 243, § 11; 1990, ch. 64, § 7. ANNOTATIONSThe 1990 amendment, effective July 1, 1990, deleted "from wages" following "amount of income" and substituted "withholdee" for "employee" in the first sentence and "tax deducted" for "wages deducted" in the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 258, 602. 85 C.J.S. Taxation §§ 1700, 1779 to 1780, 1782.
NM Stat § 7-3-10 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-10 - Voluntary submission to act.

Any employee whose participation under the Withholding Tax Act is not mandatory may subject himself or herself to its provisions with the consent of the employer. History: 1953 Comp., § 72-15-66, enacted by Laws 1961, ch. 243, § 18; 1990, ch. 64, § 8. ANNOTATIONSThe 1990 amendment, effective July 1, 1990, inserted "or herself" following "himself" and substituted "the employer" for "his employer".
NM Stat § 7-3-11 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-11 - Acts to be performed by agents; liability of third parties.

A. When a fiduciary, agent or other person has the control, receipt, custody or disposal of or pays the wages of an employee or group of employees employed by one or more employers and the fiduciary, agent or other person has been designated by the United States secretary of the treasury to perform such acts as are required of employers for federal withholding purposes under the Internal Revenue Code, the fiduciary, agent or other person shall perform the acts required of employers by the provisions of the Withholding Tax Act. All provisions of Chapter 7 NMSA 1978 applicable in respect to an employer shall be applicable to a fiduciary, agent or other person so designated, but the employer, unless provided otherwise by law, for whom the fiduciary, agent or other person acts shall remain subject to the provisions of Chapter 7 NMSA 1978 applicable in respect to employers. B. For purposes of the Withholding Tax Act, if a lender, surety or other person who is not an employer under the Withholding Tax Act with respect to an employee or group of employees, pays wages directly to the employee or group of employees employed by one or more employers or to an agent on behalf of the employee or employees, the lender, surety or other person shall be liable in its own person and estate to the state of New Mexico in a sum equal to the taxes required to be deducted and withheld from those wages by the employer. Any amount paid pursuant to this subsection shall be credited against the liability of the employer. History: 1978 Comp., § 7-3-11, enacted by Laws 1990, ch. 64, § 9. ANNOTATIONSCross references. — For the Internal Revenue Code, see Title 26 of the United States Code.
NM Stat § 7-3-12 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-12 - Repealed.

History: Laws 1999, ch. 14, § 3; 2000, ch. 33, § 5; 2003, ch. 86, § 3; 2005, ch. 185 § 1; repealed by Laws 2010, ch. 53, § 18.ANNOTATIONSRepeals. — Laws 2010, ch. 53, § 18 repealed 7-3-12 NMSA 1978, as enacted by Laws 1999, ch. 14, § 3, relating to information returns required from pass-through entities, effective May 19, 2010. For provisions of former section, see the 2009 NMSA 1978 on NMOneSource.com.
NM Stat § 7-3-13 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-13 - Withholding information return required; penalty.

A. An employer that has more than fifty employees and is not required to file an unemployment insurance tax form with the workforce solutions department or a payor shall file quarterly a withholding information return with the department on or before the last day of the month following the close of the calendar quarter. B. The quarterly withholding information return required by this section shall contain all information required by the department, including: (1) each employee's or payee's social security number; (2) each employee's or payee's name; (3) each employee's or payee's gross wages, pensions or annuity payments; (4) each employee's or payee's state income tax withheld; and (5) the workers' compensation fees due on behalf of each employee or payee. C. Each quarterly withholding information return shall be filed with the department using a department-approved electronic medium. D. Any employer or payor required to file the quarterly withholding information return who fails to do so by the due date or to file the return in accordance with Subsection C of this section is subject to a penalty in the amount of fifty dollars ($50.00). History: Laws 2010, ch. 53, § 7. ANNOTATIONSEffective dates. — Laws 2010, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011.
NM Stat § 7-3-14 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3 - Income Tax Withholding|Section 7-3-14 - Composite returns. (Effective January 1, 2022.)

A. A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying income tax at the highest marginal rate provided in Section 7-2A-5 NMSA 1978 on the members' pro rata or distributive shares of income of the pass-through entity from doing business in, or deriving income from sources within, this state. B. A nonresident member whose only source of income within a state is from one or more pass-through entities may elect to be included in a composite income tax return filed pursuant to this section. C. A nonresident member that has been included in a composite income tax return may file an individual income tax return and shall receive credit for tax paid on the member's behalf by the pass-through entity.D. As used in this section:(1) "pass-through entity" means a corporation that for the applicable tax year is treated as an S corporation pursuant to Section 1362(a) of the Internal Revenue Code and any entity with one or more members that is not taxed as a corporation pursuant to Subchapter C of the Internal Revenue Code;(2) "member" means a shareholder of an S corporation; a partner in a general partnership, a limited partnership or a limited liability partnership; a member of a limited liability company; or a beneficiary of a trust; and(3) "nonresident" means an individual who is not a resident of or domiciled in the state, a business entity that does not have its commercial domicile in the state or a trust not organized in the state.History: Laws 2021, ch. 83, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 83, § 7 made Laws 2021, ch. 83, § 5 effective January 1, 2022.
NM Stat § 7-3A-1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-1 - Short title.

Chapter 7, Article 3A NMSA 1978 may be referred to as the "Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act". History: 1978 Comp., § 7-3A-1, enacted by Laws 2003, ch. 86, § 4; 2010, ch. 53, § 8. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, added "and Pass-Through Entity". Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011.
NM Stat § 7-3A-4 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-4 - Deductions considered taxes.

Amounts deducted under the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act are a collected tax. A remittee who receives payment of oil and gas proceeds or an owner with an allocable share of net income does not have a right of action against the remitter or pass-through entity for the amount deducted and withheld from the oil and gas proceeds or an allocable share of net income. History: 1978 Comp., § 7-3A-4, enacted by Laws 2003, ch. 86, § 7; 2010, ch. 53, § 11; 2012, ch. 40, § 3. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, measured net income by allocable shares and in the second sentence, after "or an owner with", deleted "a" and added "an allocable" and after the "gas proceeds or", added "an allocable share of". Applicability. — Laws 2012, ch. 40, § 8 provided that the provisions of Laws 2012, ch. 40, §§ 1 through 7 are applicable to taxable years beginning on or after January 1, 2012. The 2010 amendment, effective May 19, 2010, in the first sentence, added "and Pass-Through Entity" and in the second sentence , after "payment of oil and gas proceeds", added "or an owner with a share of net income"; after "against the remitter", added "or pass-through entity"; and after "withheld from oil and gas proceeds", added "or net income". Temporary provisions. — Laws 2010, ch. 53, § 17 provided that for a taxable year beginning on or after January 1, 2011, but before January 1, 2012, no remitter or pass-through entity shall be subject to the penalty imposed pursuant to Section 7-1-69 NMSA 1978 for failure to comply with the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.
NM Stat § 7-3A-5 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-5 - Remitters and pass-through entities liable for amounts deducted and withheld; exceptions.

A. Every remitter or pass-through entity is liable for: (1) amounts required to be deducted and withheld by the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act regardless of whether the amounts were in fact deducted and withheld; and (2) for the amounts that a remittee or an owner has agreed to remit pursuant to Subsection G of Section 7-3A-3 NMSA 1978, once the department has notified the remitter or pass-through entity that the remittee or owner has failed to remit. B. A remitter or pass-through entity is not liable for amounts required to be deducted and withheld by the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act but not deducted or withheld if: (1) the remitter or pass-through entity fails to deduct and withhold the required amounts and if the tax against which the required amounts would have been credited is paid; or (2) the remitter's or pass-through entity's failure to deduct and withhold the required amounts is due to reasonable cause. History: 1978 Comp., § 7-3A-5, enacted by Laws 2003, ch. 86, § 8; 2010, ch. 53, § 12; 2012, ch. 40, § 4. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, eliminated changes in net income for federal income tax purposes as an exception to liability for withholding and deleted former Subsection C, which provided that changes in net income due to a timely election for federal income tax purposes was reasonable cause for failing to withhold. Applicability. — Laws 2012, ch. 40, § 8 provided that the provisions of Laws 2012, ch. 40, §§ 1 through 7 are applicable to taxable years beginning on or after January 1, 2012. The 2010 amendment, effective May 19, 2010, in the catchline, changed "Remitter" to "Remitters and pass-through entities"; in Subsection A, in the introductory sentence, added "or pass-through entity"; in Subsection A(1), after "Oil and Gas Proceeds", added "and Pass-Through Entity" and after "deducted and withheld", deleted "except that" and added "and"; added Paragraph (2) of Subsection A; added the introductory sentence of Subsection B; in Subsection B(1), after "the remitter", added "or pass-through entity" and after "have been credited is paid", deleted "the remitter shall not be liable for those amounts not deducted and withheld"; in Subsection B(2), after "the remitter's", added "or pass-through entity's" and after "reasonable cause", deleted "such as reliance on addresses supplied by remittees, the remitter shall not be liable for amounts not deducted and withheld"; and added Subsection C. Temporary provisions. — Laws 2010, ch. 53, § 17 provided that for a taxable year beginning on or after January 1, 2011, but before January 1, 2012, no remitter or pass-through entity shall be subject to the penalty imposed pursuant to Section 7-1-69 NMSA 1978 for failure to comply with the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.
NM Stat § 7-3A-6 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-6 - Date payment due; form.

A. Amounts withheld under the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act by a remitter are due on or before the twenty-fifth day of the month following the end of the calendar quarter when the taxes were required to be withheld. B. Amounts withheld under the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act by a pass-through entity are due on or before the due date of the federal tax return required for the pass-through entity. C. The amount withheld shall be remitted on a form and in a manner required by the department, provided that amounts withheld and remitted from oil and gas proceeds are kept distinct from every other tax or withheld amount. History: 1978 Comp., § 7-3A-6, enacted by Laws 2003, ch. 86, § 9; 2010, ch. 53, § 13; 2012, ch. 40, § 5. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, established a payment due date and added a new Subsection B and relettered former Subsection B as Subsection C. Applicability. — Laws 2012, ch. 40, § 8 provided that the provisions of Laws 2012, ch. 40, §§ 1 through 7 are applicable to taxable years beginning on or after January 1, 2012. The 2010 amendment, effective May 19, 2010, in Subsection A, after the phrase "Oil and Gas Proceeds", adds the phrase "and Pass-Through Entity". Temporary provisions. — Laws 2010, ch. 53, § 17 provided that for a taxable year beginning on or after January 1, 2011, but before January 1, 2012, no remitter or pass-through entity shall be subject to the penalty imposed pursuant to Section 7-1-69 NMSA 1978 for failure to comply with the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.
NM Stat § 7-3A-8 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-8 - Withheld amounts credited against income tax.

The entire amount of oil and gas proceeds and an allocable share of net income upon which the tax was deducted and withheld or upon which payments were made by owners in lieu of withholding shall be included in the base income of the remittee for purposes of the Income Tax Act [Chapter 7, Article 2 NMSA 1978] and the Corporate Income and Franchise Tax Act [Chapter 7, Article 2A NMSA 1978]. The amount of tax deducted and withheld or payments made by owners in lieu of withholding pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act during the taxable year shall be credited against any income tax or corporate income tax due from the remittee or owner. History: 1978 Comp., § 7-3A-8, enacted by Laws 2003, ch. 86, § 11; 2010, ch. 53, § 15; 2012, ch. 40, § 7. ANNOTATIONSThe 2012 amendment, effective May 16, 2012, measured net income by allocable shares and in the first sentence, after "gas proceeds and", added "an allocable share of". Applicability. — Laws 2012, ch. 40, § 8 provided that the provisions of Laws 2012, ch. 40, §§ 1 through 7 are applicable to taxable years beginning on or after January 1, 2012. The 2010 amendment, effective May 19, 2010, in the first sentence, after "oil and gas proceeds", added "and net income" and after "deducted and withheld", added "or upon which payments were made by owners in lieu of withholding"; and in the second sentence, after "deducted and withheld", added "or payments made by owners in lieu of withholding"; after "Oil and Gas Proceeds", added "and Pass-Through Entity; and after "tax due from the remittee", added "or owner". Temporary provisions. — Laws 2010, ch. 53, § 17 provided that for a taxable year beginning on or after January 1, 2011, but before January 1, 2012, no remitter or pass-through entity shall be subject to the penalty imposed pursuant to Section 7-1-69 NMSA 1978 for failure to comply with the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.