reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 7 - PROTEST › Section 3.1.7.12 - STATEMENT OF GROUNDS OF A PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. A statement of the grounds for a protest
				must include an explanation of the law and facts supporting the protest. It
				should include for each ground asserted the legal basis under the constitution,
				statute, regulation, or case law for the challenge to the assessment or other
				action of the department and a summary of the evidence expected to be produced.
				A summary of the evidence to be produced means the facts expected to be proven
				by testimony and documentary evidence surrounding the taxpayer's transactions
				that support relief under the cited legal standards. It is the facts alleged,
				not the evidence to prove them, that must be stated. If the taxpayer changes
				the legal theory or facts supporting the protest, the taxpayer must file a
				supplemental statement of grounds for the protest prior to the date of the
				hearing or, if a scheduling order has been issued, by the date set in the
				scheduling order. For protests filed on or after July 1, 2000, the statement of
				grounds for the protest must be supplemented no later than ten (10) days prior
				to the date of the hearing or, if a scheduling order has been issued, by the
				date set in the scheduling order. A prehearing statement filed in conformance
				with a scheduling order issued by the hearing officer will qualify as a
				supplemental statement of grounds for the protest.
B.To accelerate the processing and review of
				the protest, copies of the evidence may be included with the statement of the
				grounds for protest. Evidence included with a protest still must be introduced
				and admitted at the formal hearing on the protest before it will be considered
				by the hearing officer
.
C. Example: A taxpayer's protest of penalty
				and interest for late payment of gross receipts tax would be valid if it stated
				"Taxpayer, I.D. No. 00-123456-00 -0, protests Assessment No. 1234567 issued
				December 14, 1993, imposing interest and penalty pursuant to Sections
				7-1-67
				and
				7-1-69
				NMSA 1978 (allegedly for late payment) on the grounds that taxpayer's payment
				of gross receipts tax for August, 1993, was timely delivered to the department
				on September 24, 1993". It would be helpful, but not necessary, to specify with
				submission of the statement of grounds what documentary or testimonial evidence
				will prove the facts alleged by the taxpayer, such as, "The date of delivery of
				the payment will be shown by the date of deposit on the canceled check." It
				would be even more helpful to attach a copy of the canceled check, which, in
				this circumstance, would probably permit the department to resolve the matter
				in the taxpayer's favor without even a hearing. The taxpayer may choose to
				submit the evidence at a later time, but not later than the hearing.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 7 - PROTEST › Section 3.1.7.13 - INFORMAL CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Upon the taxpayer's written request or the department's own initiative, the
				department will provide for an informal conference before setting a hearing on
				the protest. When requested, an informal conference will be scheduled at a time
				and place agreed to by both parties.
The secretary may attend or designate a delegate to attend.
				  Both parties may bring representatives of their own choosing to the conference,
				  and both parties may bring any records or documents that are pertinent to the
				  issues to be discussed. An informal conference will be vacated if the parties
				  resolve the protest prior to the scheduled date.
B. The purpose of the informal conference is
				to discuss the facts and the legal issues. The result of an informal conference
				will usually be one of the following:
(1) an
				agreement that the taxpayer will withdraw all or part of the protest;
(2) an agreement that the department will
				abate all or part of the assessment protested, or will refund all or part of
				the amount of refund claimed;
(3)
				an agreement to enter into a closing agreement;
(4) an agreement that one or more issues will
				be litigated upon stipulated facts or a statement of the case;
(5) an agreement to schedule a formal
				hearing; or
(6) any combination of
				the above agreements.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe, NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all taxpayers, their agents and
				  representatives and all persons required to submit a return or information to
				  the taxation and revenue department under any tax, tax act or other law
				  administered and enforced pursuant to the Tax Administration
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.17 - DATE OF MAILING OR DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
Use of the phrase "date of mailing or delivery" in Subsection
				  7-1-25
				  A NMSA 1978 authorizes the department to choose between mailing and
				  hand-delivering the written decision and order of the hearing officer. "Date of
				  mailing" means the time that the hearing officer's decision and order enclosed
				  in properly addressed envelope or wrapper was postmarked by the U.S. postal
				  service. "Delivery" means time of hand delivery of the written decision and
				  order to the taxpayer's business or residence.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.18 - TIMELY FILING

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of an appeal from the hearing officer's decision
				  and order is governed by the Supreme Court Rules of Appellate
				  Procedure.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 8 - HEARINGS › Section 3.1.8.19 - ISSUES ON APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
Only issues raised before the hearing officer may be heard on
				  appeal. A party may appeal from a decision only on the same theory as presented
				  to the hearing officer.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all taxpayers, their agents and
				  representatives and all persons required to submit a return or information to
				  the taxation and revenue department under any tax, tax act or other law
				  administered and enforced pursuant to the Tax Administration
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.8 - CLAIM FOR REFUND - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may submit a written claim for
				refund to the department when the person believes the person:
1) has made payment of or had withheld from
				that person any tax in excess of that for which the person was liable;
2) has been denied any credit or
				rebate claimed; or
3) has a claim
				of prior right to property possessed by the department pursuant to a levy. The
				secretary has not been given statutory authority to initiate action in the
				circumstances specified in numbers 1), 2) and 3) above. The person affected
				must initiate the claim for refund. The filing of a fully completed income,
				corporate income and franchise, estate or special fuel excise tax return or a
				fully completed amended income, corporate income and franchise, estate or
				special fuel excise tax return showing an overpayment of tax, a credit or
				rebate claimed will constitute the filing of a claim for refund and no separate
				claim for refund is required.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.9 - REMEDIES OF CLAIMANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person who has been denied a claim for refund or who has submitted a valid
				claim for refund upon which the department has taken no action within 120 days
				may submit to the secretary a written protest against the denial of, or failure
				to either allow or deny, the claim pursuant to Section
				7-1-26
				NMSA 1978. The protest must be received by the department either:
(1) on or before 90 days after the date that
				the department has mailed to the claimant a written denial of the claim for
				refund; or
(2) within 90 days after
				the expiration of 120 days after the mailing of a claim to the department on
				which no action has been taken by the department.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.10 - CLAIM FOR REFUND OF CORPORATE INCOME TAX BASED ON ADJUSTMENT TO FEDERAL INCOME TAX

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department may require that a claim for refund of state corporate income
				tax resulting from an adjustment to or claim for refund of federal income tax
				include proof of the approval and/or payment of such claim by the United States
				treasury department as a prerequisite to approval and payment of such claim by
				the state of New Mexico.
B. The
				supporting documentation requested may include copies of the internal revenue
				service revenue agent report (RAR); IRS form 1139, corporation application for
				tentative refund; and IRS form 1120X, amended u.s. corporation income tax
				return.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.11 - CLAIM FOR REFUND OF INCOME TAXES OR BANKING AND FINANCIAL CORPORATIONS TAXES BASED ON A NET OPERATING LOSS CARRYBACK OR CARRYFORWARD - 1990 AND PRIOR INCOME TAX YEARS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				For the 1990 and prior income tax years, New Mexico tax law had no provision
				for net operating loss carrybacks or carryforwards. The only way the federal
				Internal Revenue Code provisions concerning net operating loss carrybacks and
				carryforwards can affect New Mexico taxes for the 1990 and prior income tax
				years is through the fact that New Mexico taxes are based on federal tax
				computations and federal net operating loss carryback or carryforward
				provisions change those federal tax computations.
B. The New Mexico individual income tax,
				corporate income tax and banking and financial corporations taxes are based on
				either adjusted gross income of individuals or federal taxable income of
				corporations, subject to various modifications. Application of federal law
				concerning net operating loss carrybacks may thus result in a reduction of
				adjusted gross income or federal taxable income for a past tax year. This
				reduction in federal adjusted gross income or taxable income for that past year
				will then result in a reduction of the New Mexico tax owed under one of those
				tax acts. In such case, a taxpayer may claim a refund on those taxes within one
				year of the date on which the adjustment of federal tax became fixed or within
				the period limited by Subsection
				7-1-26
				D NMSA 1978, whichever expires later. No other provision for a net operating
				loss carryback exists under New Mexico tax law for the 1990 and prior income
				tax years.
C. Example: X Bank is
				permitted under federal law to carryback a net operating loss for ten years. In
				1986 X has a net operating loss of $10,000. In 1976 X had federal taxable
				income reflecting a net loss. Under federal law, the net operating loss cannot
				be carried back to a previous loss year. Thus, even though the add-back
				provision under Subsection 7-6-2 F NMSA 1978 of the New Mexico Banking and
				Financial Corporation Tax Act produced net income resulting in state tax
				liability in 1976, no modification is permitted to the state tax in the 1976
				tax year. If X had federal taxable income of $10,000 in 1977, federal tax law
				does allow X to carry back the 1986 net operating loss to 1977, thereby
				reducing the 1977 federal taxable income to $0. X could then recompute its 1977
				state tax under the Banking and Financial Corporations Tax Act by starting with
				a federal taxable income of $0 instead of $10,000 and completing its
				computation using the appropriate add backs for that year. The result would be
				a lessened state tax liability for 1977. X would then have one year from the
				adjustment in the federal tax to file a claim for refund of the excess New
				Mexico bank tax paid in 1977.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.12 - PERIODS FOR WHICH CERTAIN REFUNDS MAY BE CLAIMED

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the department has assessed tax for
				any part of a period covered by a waiver signed on or after July 1, 1993, by
				the taxpayer pursuant to Subsection
				7-1-18
				F NMSA 1978, the taxpayer may submit a claim for refund for any part of the
				waiver period with respect to the taxes covered by the waiver, regardless of
				whether tax is assessed for that part of the waiver period. Any such claim for
				refund must be submitted within one year of the date of the
				assessment.
B. When the department
				has assessed tax for periods specified in Subsections
				7-1-18
				B, C or D NMSA 1978 and the assessment applies to a period ending at least
				three years prior to the beginning of the year in which the assessment is made,
				the taxpayer may submit a claim for refund with respect to those periods for
				which an assessment is made. Any such claim for refund must be submitted within
				one year of the date of the assessment.
C. Example: Taxpayer, a monthly filer,
				underreported by more than 25% gross receipts taxes due in the period November
				1988 through December 1991. The department audits Taxpayer in 1993. On May 1,
				1993, the department assessed Taxpayer with respect to underreported taxes for
				the entire period. In May 1993, the November 1988 through December 1989 portion
				of the period is beyond the time described in Subsection
				7-1-18
				A NMSA 1978. The taxpayer may claim a refund at any time until April 30, 1994
				with respect to gross receipts taxes paid in the period November 1988 through
				December 1989.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.13 - CONDITIONS FOR REFUND OR CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A refund or credit of tax may be granted
				to a taxpayer by the secretary or secretary's delegate only if all the
				following conditions are satisfied:
(1) the
				tax has been erroneously paid and payment has been verified from the
				department's or taxpayer's records;
(2) the taxpayer has submitted a proper claim
				for refund pursuant to Section
				7-1-26
				NMSA 1978 and the regulations thereunder; and
(3) the secretary has secured the prior
				approval of the attorney general for any refund of tax and interest erroneously
				paid when such approval is required in Subsection A of Section
				7-1-29
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.14 - INTEREST ON REFUNDS OF TAXES SELF-ASSESSED BY THE TAXPAYER

Current through Register Vol. 35, No. 13, July 16, 2024
A. When an overpayment results from a
				self-assessment of taxes based on a return filed by the taxpayer, interest on a
				refund of that overpayment of taxes shall be computed from the date of filing
				of the claim for refund when the refund is not paid within the appropriate 60,
				75 or 120 day limit specified in Subsection
				7-1-68 D
				NMSA 1978 and when the overpayment results from a self-assessment of taxes
				based on a return filed by the taxpayer. The fact that a subsequent notice of
				assessment is issued by the department due to failure of the taxpayer to
				accompany the return with full payment does not change the date from which
				interest is computed.
B. The
				determinative factor in deciding whether an overpayment is an "overpayment
				arising from an assessment by the department" - requiring interest on a refund
				to be computed from the date of overpayment rather than the date of a claim for
				refund - is whether the action establishing the amount of liability for taxes
				was initiated by the taxpayer or by the department. Actions initiated by the
				taxpayer include, but are not limited to, the filing of a tax return reporting
				a tax liability, whether or not payment accompanies the return. Actions
				initiated by the department include, but are not limited to, an audit of the
				taxpayers books and records or the issuance of a provisional assessment as a
				result of a taxpayer's failure to file any return or returns.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.15 - INTEREST ON REFUNDS BASED ON ADJUSTMENT TO FEDERAL INCOME TAX

Current through Register Vol. 35, No. 13, July 16, 2024
Interest on refunds based on an adjustment to federal tax
				  pursuant to Subsection
				  7-1-26
				  F NMSA 1978 shall be allowed from the date 120 days after the claim is filed
				  until the date the final authorizing signature approves the
				  claim.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 9 - REFUND › Section 3.1.9.16 - REFUND OF CERTAIN INTEREST OR PENALTY PAID

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a taxpayer has paid interest with
				respect to an amount of tax that is paid after the time it is due to be paid
				and the taxpayer subsequently becomes entitled to a refund of part or all of
				the tax, the taxpayer is also entitled to a refund of a proportionate amount of
				the interest paid by the taxpayer whether or not the taxpayer specifically
				requests refund of the interest.
B.
				When a taxpayer has paid penalty pursuant to Section
				7-1-69
				NMSA 1978 with respect to an amount of tax that is paid after the time it is
				due to be paid and the taxpayer subsequently becomes entitled to a refund of
				part or all of the tax, the taxpayer is also entitled to a proportionate refund
				of the penalty paid by the taxpayer whether or not the taxpayer specifically
				requests refund of the penalty.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all taxpayers, their agents and
				  representatives and all persons required to submit a return or information to
				  the taxation and revenue department under any tax, tax act or other law
				  administered and enforced pursuant to the Tax Administration
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.8 - SEIZURE OF REAL PROPERTY BY LEVY

Current through Register Vol. 35, No. 13, July 16, 2024
A levy on real property is made by personal service of a copy
				  of the warrant of levy on the taxpayer-owner of the property, and by recording
				  a copy of the levy in the county in which the property is located. The
				  secretary or delegate shall make every reasonable effort to send notice of the
				  levy to each party with a recorded interest in the property. Real property
				  seized under warrant of levy shall be sold pursuant to the provisions of
				  Sections
				  7-1-44
				  through
				  7-1-51
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.10 - RELEASE OF LEVY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary or secretary's delegate is authorized by
				  Section
				  7-1-52 NMSA 1978
				  to release all or any part of property levied upon under the following
				  conditions:
A. the release of levy
				will cause the collection of the taxes to be facilitated; and
B. the interests of the state will continue
				to be protected.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.11 - INJUNCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary has statutory authority to apply to a district
				  court of New Mexico to have any delinquent taxpayer or other person who may be
				  or may become liable for any tax enjoined from engaging in business in the
				  state. The following examples illustrate some, but not all, situations where
				  the secretary may make application to a district court for a temporary
				  restraining order and an injunction against delinquent taxpayers or persons for
				  the purpose of protecting the revenues of the state:
A. a taxpayer who has established a record of
				recurring tax delinquency as defined by Section
				7-1-16 NMSA
				1978;
B. a taxpayer who has
				neglected or refused to respond to a jeopardy assessment, issued pursuant to
				Section
				7-1-59 NMSA
				1978, by either paying the amount of tax demanded or furnishing satisfactory
				security;
C. a taxpayer who has
				established a recurring record of attempting to pay taxes due with bad checks
				as defined in Section
				7-1-70
				NMSA 1978;
D. a successor in
				business who has wrongfully failed to withhold and pay over tax or has not made
				payment or surrendered property after demand as provided by Section
				7-1-63
				NMSA 1978;
E. a person who
				self-denominates by declaration or actions as a "tax protestor" and who, as a
				means of protesting taxation or other issues, refuses to comply with the
				provisions of the Tax Administration Act;
F. a person who fails, neglects or refuses to
				collect and pay over withholding tax from that person's employees who perform
				personal services in New Mexico as provided by the Withholding Tax
				Act;
G. a prime construction
				contractor with principal place of business located outside New Mexico,
				performing construction services in New Mexico, and who has failed to comply
				with acceptable security requirements pursuant to Section
				7-1-55
				NMSA 1978;
H. a person who has
				failed within 90 days to respond to a demand from the department to file any
				tax return which was required to be filed on a date which occurred at least 45
				days prior to the date the demand to file was made by the department.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.12 - METHODS TO AVOID IMPENDING INJUNCTION

Current through Register Vol. 35, No. 13, July 16, 2024
Persons who are subject to an impending injunction action by
				  the secretary may take any of the following actions to avoid an
				  injunction:
A. pay the assessed tax
				and, if applicable, submit a claim for refund pursuant to Section
				7-1-26
				NMSA 1978;
B. furnish acceptable
				security as provided by Section
				7-1-54
				and Section
				7-1-55
				NMSA 1978;
C. make application for
				an extension of time as provided by Section
				7-1-13
				NMSA 1978; or
D. make application
				for and enter into an installment agreement as provided by Section
				7-1-21
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.13 - GENERAL PROVISIONS FOR PROVIDING SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the secretary or secretary's delegate
				believes that it is necessary to ensure payment of any tax due, or reasonably
				expected to become due, the secretary or secretary's delegate may require or
				allow a person subject to the Tax Administration Act to furnish acceptable
				security. The secretary or secretary's delegate will notify the person by
				mailing or hand-delivering a written notice of requirement to furnish security
				in the amount stated in the notice. If the person addressed does not promptly
				comply, the secretary or secretary's delegate will make a written demand of the
				person by certified mail or in person that the person furnish security in the
				stated amount. Upon the failure of any person to comply within ten days of the
				date of the written demand for furnishing security, the secretary may institute
				a proceeding to enjoin that person from engaging in business in the state as
				provided in Section
				7-1-53
				NMSA 1978. The following examples illustrate some, but not all, situations in
				which the secretary or secretary's delegate may require or allow the furnishing
				of security:
(1) the taxpayer is a delinquent
				taxpayer;
(2) the taxpayer is
				granted an extension of time to pay taxes;
(3) the taxpayer enters into an installment
				agreement;
(4) the taxpayer
				requests a stay of levy;
(5) the
				taxpayer requests permission to report and pay certain taxes on a quarterly or
				semiannual basis;
(6) the taxpayer
				wishes to avoid an impending restraining order or an injunction
				proceeding;
(7) the taxpayer wishes
				to stay the enforcement of a jeopardy assessment;
(8) a successor in business has failed to
				withhold the amount of the tax liability of the predecessor or to pay the tax
				or surrender the property;
(9) a
				corporation is dissolving or withdrawing from the state;
(10) the taxpayer is conducting a business of
				a transient nature;
(11) the
				taxpayer has a recurring record of attempted payment of tax liabilities with
				bad checks;
(12) the taxpayer has
				failed to file any required tax returns within 45 days from the date the return
				was required to be filed;
(13) the
				taxpayer has engaged in business for more than three months during which period
				of time the taxpayer was not registered with the department or did not maintain
				an active identification number issued by the department.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.15 - LIMITATION ON ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
LIMITATION ON ACTIONS TO COLLECT TAX DEBT:
Pursuant to the
				provisions of Section
				7-1-19 NMSA
				1978, the secretary or attorney general may not bring an action or proceeding
				to collect taxes after ten years from the date of the assessment of
				taxes.
B.
INTEREST ASSESSED
				FOR PRIOR TAX LIABILITIES:
When the secretary or delegate has, within
				the last ten years, caused interest to be assessed on a tax liability due under
				a self-assessment or notice of assessment of taxes made more than ten years
				ago, no action or proceeding to collect on the interest assessments may be
				brought by the secretary or secretary's delegate after ten years from the date
				of the underlying assessment, even though the interest assessment may have been
				made less than ten years ago. Subsection 3.1.10.15B NMAC is applicable to
				liabilities which originally became due on or after October 31, 1986 and to the
				related interest assessments.
C.
TEN-YEAR LIMITATION OVERRIDES OTHER STATUTES:
The ten-year
				limitation in Section
				7-1-19 NMSA
				1978 overrides the permanence of tax debt provided for in Section
				7-1-58
				NMSA 1978 and Subsection
				7-1-17
				D NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.16 - DETERMINATION OF SUCCESSOR IN BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following indicia are used by the
				secretary or secretary's delegate as factors in determining whether a business
				is a successor:
(1) Has a sale and purchase
				of a major part of the materials, supplies, equipment, merchandise or other
				inventory of a business enterprise occurred between a transferor and a
				transferee in a single or limited number of transactions?
(2) Was a transfer not in the ordinary course
				of the transferor's business?
(3)
				Was a substantial part of both equipment and inventories transferred?
(4) Was a substantial portion of the business
				enterprise that had been conducted by the transferor continued by the
				transferee?
(5) By express or
				implied agreement did the transferor's goodwill follow the transfer of the
				business properties?
(6) Were
				uncompleted sales, service or lease contracts of the transferor honored by the
				transferee?
(7) Was unpaid
				indebtedness to suppliers, utility companies, service contractors, landlords or
				employees of the transferor paid by the transferee?
(8) Was there an agreement precluding the
				transferor from engaging in a competing business to that which was
				transferred?
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 10 - COLLECTIONS › Section 3.1.10.18 - INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
INTEREST:
(1) Interest on the
				unpaid portion of a tax indebtedness is due to the State of New Mexico at the
				rate of 15% per year computed on a daily basis for amounts due on or after
				January 1, 2001. The daily rate will be determined by dividing the annual rate
				by 365 or 366 as appropriate.
(2)
				Except as otherwise provided in Subsection
				7-1-67 A
				NMSA 1978, interest on the unpaid portion of a tax indebtedness shall begin to
				accrue on the day following the date on which payment of the tax is required by
				law. Interest shall continue to accrue until the tax indebtedness is
				paid.
(3) [Reserved.]
(4) The following are instances when interest
				is accrued on the unpaid balance of a taxpayer's tax indebtedness under the Tax
				Administration Act from the day following the due date:
(a) granting of an extension of time pursuant
				to Subsection
				7-1-13
				E NMSA 1978;
(b) entering into a
				closing agreement pursuant to Section
				7-1-20
				NMSA 1978;
(c) entering into an
				installment agreement pursuant to Section
				7-1-21
				NMSA 1978;
(d) making of a protest
				of an assessment of tax pursuant to Section
				7-1-24
				NMSA 1978 unless payment has been made under the provisions of Section 3.1.7.9
				NMAC, in which case interest will accrue only until the date payment is
				tendered to the department;
(e) an
				appeal by a taxpayer from an adverse decision rendered at an administrative
				hearing;
(f) the granting of a
				partial abatement of an assessment of tax;
(g) seizure of property under levy pursuant
				to Section
				7-1-34
				NMSA 1978;
(h) imposition of an
				injunction or temporary restraining order against a taxpayer pursuant to
				Section
				7-1-53;
(i) furnishing of security by the taxpayer
				pursuant to Sections
				7-1-54
				and
				7-1-55
				NMSA 1978;
(j) in the case where a
				tax liability was incurred by a predecessor in business, ignorance of a
				successor in business of a tax liability;
(k) an attempt to pay tax by a bad check;
				and
(l) proper dissolution of a
				corporation.
(5) In the
				case where the due date has not yet passed, interest will begin to accrue on
				the sixth day following the jeopardy assessment made pursuant to Section
				7-1-59 NMSA
				1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all taxpayers, their agents and
				  representatives and all persons required to submit a return or information to
				  the taxation and revenue department under any tax, tax act or other law
				  administered and enforced pursuant to the Tax Administration
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.8 - ASSESSMENT AND PROTEST OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Civil penalty is assessed by the secretary
				or delegate in the manner provided for issuing assessments in Paragraph
				7-1-17
				B(2) NMSA 1978 and any regulations thereunder. Any assessment of civil penalty
				or demand for payment made by the department is presumed to be correct under
				Subsection
				7-1-17
				C NMSA 1978.
B. Civil penalty shall
				be collected in the same manner as, and concurrently with, the amount of tax to
				which it relates, in accordance with Section
				7-1-30
				NMSA 1978.
C. A taxpayer who has
				been assessed civil penalty and who believes that the taxpayer has been neither
				negligent nor in disregard of rules or regulations has available all the legal
				remedies in the Tax Administration Act that are available for any assessed
				taxpayer, whether for tax, taxes, interest or penalty.
D. The effect of the presumption of
				correctness of assessment of civil penalty is that the taxpayer has the burden
				of coming forward with some evidence showing that the assessment made by the
				department is not correct. When not correct, the assessment shall be abated by
				the secretary or secretary's delegate as provided by Section
				7-1-28
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.9 - COMPROMISE BY SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary may compromise the assessment of civil penalty
				  by entering into a written closing agreement if and when the secretary has a
				  good faith doubt of the taxpayer's liability. The secretary may not compromise
				  the civil penalty because of the taxpayer's inability to pay. The secretary may
				  not compromise the civil penalty solely because of the threat of litigation.
				  The secretary may not compromise the civil penalty solely as an expedient means
				  of disposing of a controversy.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.10 - NEGLIGENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Taxpayer "negligence" under Subsection
				  7-1-69
				  A NMSA 1978 means:
A. failure to
				exercise that degree of ordinary business care and prudence which reasonable
				taxpayers would exercise under like circumstances;
B. inaction by taxpayers where action is
				required;
C. inadvertance,
				indifference, thoughtlessness, carelessness, erroneous belief or
				inattention.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.12 - FAILURE TO FILE A RETURN

Current through Register Vol. 35, No. 13, July 16, 2024
If a taxpayer does not file a return on the date on which
				  payment of tax is due, as required by Subsection
				  7-1-13
				  B NMSA 1978, the minimum penalty of $5.00 imposed by Section
				  7-1-69
				  NMSA 1978 will apply only once per return, regardless of the number of tax
				  programs included in the return.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.13 - FRAUDULENT RETURN FILED WHEN NO TAX IS DUE

Current through Register Vol. 35, No. 13, July 16, 2024
When a taxpayer files a return with intent to defraud the
				  state by making a claim for a tax credit or rebate, and no amount of tax is
				  required to be paid on the return, the provisions of Section
				  7-1-69
				  NMSA 1978 will not apply. Nothing in Section 3.1.11.13 NMAC, however, shall be
				  construed to prohibit criminal prosecution of such person for false statement
				  and fraud under Section
				  7-1-73 NMSA
				  1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.14 - APPLICATION OF PENALTY PROVISIONS TO GOVERNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Penalty with respect to the unpaid portion
				of a tax indebtedness or with respect to the failure to file a return by the
				date required is due to the state of New Mexico when the tax indebtedness is
				owed by any agency, institution, instrumentality or political subdivision of
				the state of New Mexico.
B. To the
				extent permitted by the constitution, treaties and laws of the United States,
				penalty with respect to the unpaid portion of a tax indebtedness or with
				respect to the failure to file a return by the date required is due to the
				state of New Mexico when the tax indebtedness is owed by any other state, any
				Indian tribe, nation or pueblo, the United States, any alien government or any
				agency, institution, instrumentality or political subdivision of any of the
				foregoing.
C. Section 3.1.11.14
				NMAC is retroactively applicable on July 1, 1992.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.15 - APPLICATION OF PENALTY UPON EXPIRATION OF EXTENSION

Current through Register Vol. 35, No. 13, July 16, 2024
Penalty for failing to file a required return or, if tax is
				  due, to pay tax by an extended due date will be computed beginning with the
				  first day following the extended due date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.16 - DEFINITION OF BAD CHECK

Current through Register Vol. 35, No. 13, July 16, 2024
A bad check is a check or draft to the order of the
				  department which the bank, as drawee, dishonors upon presentment by the
				  department. "Dishonor" means the bank refuses to pay the amount of the check to
				  the order of the department. The burden is on the taxpayer to prove that the
				  taxpayer was not responsible for the bank's dishonoring of the check. "Bank"
				  includes any financial institution upon which a check or draft is
				  drawn.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 11 - PENALTIES › Section 3.1.11.17 - IMPOSITION OF PENALTY ON BAD CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A penalty in the amount of twenty dollars
				($20.00) will be imposed under Section
				7-1-70
				NMSA 1978 for each instance in which a check tendered to the department is not
				paid upon presentment. This penalty is in addition to any penalty imposed under
				Section
				7-1-69
				NMSA 1978.
B. This version of
				Section 3.1.11.17 NMAC is applicable January 1, 1995.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all taxpayers, their agents and
				  representatives and all persons required to submit a return or information to
				  the taxation and revenue department under any tax, tax act or other law
				  administered and enforced pursuant to the Tax Administration
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.8 - REPORTING SALE OR USE OF FUEL FOR TURBOPROP OR JET-TYPE ENGINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each month, the
				department shall distribute to the state aviation fund a percentage of the
				gross receipts or value attributable to the sale or use of fuel specially
				prepared and sold for use in turboprop or jet-type engines as specified in
				Section
				7-1-6.7
				NMSA 1978.
B. In order for the
				department to be able to determine the correct amount to be distributed to the
				aviation fund, the department requires, pursuant to Subsection
				7-1-10
				E NMSA 1978, taxpayers who are in the business of selling fuel for use in
				turboprop and jet engines, users who are direct purchasers of such fuel from
				out-of-state sources and users who purchase such fuel through the use of
				nontaxable transaction certificates are required to report the dollar amount of
				such sales or purchases to the department on forms to be supplied by the
				department. This information shall be submitted to the department as an
				attachment to the taxpayer's monthly CRS-1 report and is due by the 25th day of
				the month following the end of the period covered by the CRS-1
				report.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.9 - ETHANOL PRODUCERS' REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person doing business in the state of New Mexico as an
				  ethanol producer (manufacturer) shall file monthly reports, providing
				  information necessary to the administration of the Gasoline Tax Act, in form
				  and content as prescribed by the department.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.10 - TAX IDENTIFICATION ON VENDING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
All coin-operated vending machine owners shall prominently
				  display on the front of each machine a plaque or sticker which bears the
				  owner's name, complete address and combined reporting system (CRS) taxpayer
				  identification number.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.11 - SECURITY POSTED BY GASOLINE DISTRIBUTORS

Current through Register Vol. 35, No. 13, July 16, 2024
Registered gasoline distributors shall post security as
				  required by the secretary or secretary's delegate pursuant to
				  3.16.7.10
				  NMAC.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.12 - LIQUOR WHOLESALE REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person doing business in the state of New Mexico as a
				  liquor wholesaler shall file monthly reports, providing sales information
				  necessary to the administration of the Gross Receipts and Compensating Tax Act,
				  in form and content as prescribed by the department. The monthly report is due
				  by the 25th day of the month following the close of
				  the calendar month in which the alcoholic beverages are sold.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 1 - TAX ADMINISTRATION › Part 12 - MISCELLANEOUS PROVISIONS › Section 3.1.12.13 - COLLECTION OF COMMUNITY DEBT AGAINST A SPOUSE OR FORMER SPOUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary or secretary's delegate may decline to bring an
				  action or proceeding to collect community debt against a spouse or former
				  spouse when bringing an action or proceeding would be inequitable.
A. In the case of community tax debt arising
				from a jointly-filed income tax return, the secretary or the secretary's
				delegate may decline to bring an action or proceeding to collect such taxes
				against the spouse or former spouse of a taxpayer who is granted relief by the
				internal revenue service (IRS) pursuant to
				26 U.S.C.
				Section 6015. Where relief is granted in
				writing by the IRS, the spouse who received such relief may provide a copy of
				the IRS's determination and request that the secretary cease any collection
				activity against that spouse or former spouse to the extent such relief was
				allowed by the IRS. The secretary or the secretary's delegate may decline to
				pursue collection activity against a spouse or former spouse for community debt
				while an application for such relief is pending before the IRS, but the failure
				to seek or obtain such relief shall not preclude the secretary or secretary's
				delegate from declining to bring an action or proceeding against a spouse or
				former spouse for collection of a community debt when bringing an action or
				proceeding would be inequitable. The secretary or the secretary's delegate
				shall consider the following facts and circumstances when determining whether
				to bring an action or proceeding to collect community debt:
(1) Did the spouse or former spouse have
				knowledge of the tax liability at the time that liability arose?
(2) Did the spouse or former spouse have a
				meaningful opportunity to contest the assessment of tax at the time the
				assessment was made?
(3) Has the
				spouse or former spouse cooperated with the department in collection and
				compliance efforts?
(4) Can the
				state protect its interests without pursuing active collection efforts against
				the spouse or former spouse, including collection efforts against the other
				spouse or former spouse?
(5) Has
				the spouse or former spouse benefited from the transfer of significant amounts
				of property from the other spouse or former spouse?
(6) Was the spouse or former spouse given an
				opportunity to participate in the business decisions of the household during
				the periods when the debt arose?