Chapter 7 — Chapter 7

ANNOTATIONS Repeals. — Laws 1988, ch. 126, § 7 repealed 7-1A-3 NMSA 1978, as enacted by Laws 1988, ch. 126, § 3, relating to definitions, effective July 1, 1990.

ANNOTATIONS Repeals. — Laws 1988, ch. 126, § 7 repealed 7-1A-4 NMSA 1978, as enacted by Laws 1988, ch. 126, § 4, relating to administration of the act, effective July 1, 1990.

ANNOTATIONS Repeals. — Laws 1988, ch. 126, § 7 repealed 7-1A-5 NMSA 1978, as enacted by Laws 1988, ch. 126, § 5, relating to employment tax credit, amount, claimant, procedures, effective July 1, 1990. ARTICLE 1B Administrative Hearings Office

Chapter 7, Article 1B NMSA 1978 may be cited as the "Administrative Hearings Office Act". History: Laws 2015, ch. 73, § 1; 2019, ch. 157, § 6.

proceedings under the Medicaid Provider and Managed Care Act. The chief hearing officer shall select a hearing officer for expedited adjudicatory proceedings as provided by the Medicaid Provider and Managed Care Act. History: Laws 2019, ch. 215, § 17.

The "administrative hearings office" is created and is administratively attached pursuant to the provisions of Section 9-1-7 NMSA 1978 to the department of finance and administration. History: Laws 2015, ch. 73, § 2.

The head of the administrative hearings office is the "chief hearing officer", who shall be appointed for a term of six years, except that the initial term shall begin on July 1, 2015 and shall end on December 31, 2015. The chief hearing officer may be reappointed to successive t…

A. The "chief hearing officer selection committee" is created and consists of nine members, including: (1) four members who are selected by the New Mexico legislative council, no more than two of whom are from the same political party; (2) four members who are selected by the gov…

office. A. The chief hearing officer may: (1) adopt and promulgate rules pertaining to administrative hearings; and (2) subject to appropriations, hire and contract for such professional, technical and support staff as needed to carry out the functions of the administrative heari…

A. The chief hearing officer shall: (1) adopt and promulgate a hearing officer code of conduct; and (2) annually, evaluate each hearing officer's performance for competency, efficiency and professional demeanor in accord with relevant legal standards and the hearing officer code …

A hearing officer shall not: A. engage or participate in any way in the enforcement or formulation of general tax policy other than to conduct hearings. A taxpayer or the taxation and revenue department may request that the chief hearing officer determine whether a hearing office…

A. Upon timely receipt of a tax protest filed in accordance with the provisions of Section 7-1-24 NMSA 1978, the taxation and revenue department shall promptly acknowledge the protest by letter to the protesting taxpayer or the taxpayer's representative. If the department determi…

A. A person may dispute the denial of or failure to either allow or deny a license, permit, placard or registration provided for in the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978]. Upon timely receipt of a protest, the chief hearing officer shall promptly desi…

Chapter 7, Article 2 NMSA 1978 may be cited as the "Income Tax Act". History: 1953 Comp., § 72-15A-1, enacted by Laws 1965, ch. 202, § 1; 1979, ch. 92, § 1.

To the extent permitted by law, no individual shall be relieved from liability for income tax by reason of his residing within a federal area or receiving income from transactions occurring or work or services performed in such area. History: 1953 Comp., § 72-15A-8, enacted by La…

A. Net income of any individual having income that is taxable both within and without this state shall be apportioned and allocated as follows: (1) during the first taxable year in which an individual incurs tax liability as a resident, only income earned on or after the date the…

Every resident of this state and every individual deriving income from any business transaction, property or employment within this state and not exempt from tax under the Income Tax Act who is required by the laws of the United States to file a federal income tax return shall fi…

A. Except as provided otherwise in this section, a credit or tax rebate provided in the Income Tax Act that is claimed shall be disallowed if the claim for the credit or tax rebate was first made after the end of the third calendar year following the calendar year in which the re…

A. Except as otherwise provided in this section, an individual who is required to file an income tax return under the Income Tax Act shall pay the required annual payment in installments through either withholding or estimated tax payments. B. For the purposes of this section: (1…

A. When a resident individual is liable to another state for tax upon income derived from sources outside this state but also included in net income under the Income Tax Act as income allocated or apportioned to New Mexico pursuant to Section 7-2-11 NMSA 1978, the individual, upo…

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…

ANNOTATIONS Repeals. — Laws 1993, ch. 356, § 1 repealed 7-2-14.1 NMSA 1978, as enacted by Laws 1987, ch. 264 § 8, relating to a tax rebate for gross receipts tax on food and medical expenses, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOn…

ANNOTATIONS Repeals. — Laws 1987, ch. 264, § 25B repealed 7-2-14.2 NMSA 1978, as enacted by Laws 1979, ch. 70, § 2, relating to withholding instructions, effective June 19, 1987.

taxpayer; local option; refund. A. The tax rebate provided by this section may be claimed for the taxable year for which the return is filed by an individual who: (1) has his principal place of residence in a county that has adopted an ordinance pursuant to Subsection G of this s…

taxpayers; tax imposition; election. A. The board of county commissioners of any county may adopt a resolution to submit to the qualified electors of the county the question of whether a property tax at a rate not to exceed one dollar ($1.00) per thousand dollars ($1,000) of taxa…

A. If, as a result of an election held on the question of imposing a property tax to fund the property tax rebate for low-income taxpayers provided in the Income Tax Act, a majority of the qualified electors voting on the question votes in favor of the imposition of the tax, the …

ANNOTATIONS Repeals. — Laws 1987, ch. 264, § 25B repealed 7-2-15 NMSA 1978, as enacted by Laws 1975, ch. 207, § 1, relating to rebate for gross receipts tax on medical and dental expenses, effective June 19, 1987.

ANNOTATIONS Repeals. — Laws 1990, ch. 49, § 20 repealed 7-2-16 NMSA 1978, as enacted by Laws 1986, ch. 110, § 1, relating to credits for solar or wind energy equipment installation effective May 16, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com…

ANNOTATIONS Repeals. — Laws 1990, ch. 49, § 20 repealed 7-2-16.1 NMSA 1978, as enacted by Laws 1981, ch. 180, § 2, relating to credits for solar capital investments, effective May 16, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Repeals. — Laws 1990, ch. 49, § 20 repealed 7-2-17 NMSA 1978, as enacted by Laws 1977, ch. 114, § 1, relating to credits for solar or wind energy equipment installation, effective May 16, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.co…

ANNOTATIONS Repeals. — Laws 1990, ch. 49, § 21 repealed 7-2-17.1 NMSA 1978, as enacted by Laws 1983, ch. 212, § 1, relating to tax credits for geothermal capital investments, effective January 1, 1991. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

taxpayer's maximum property tax liability; refund. A. Any resident who has attained the age of sixty-five and files an individual New Mexico income tax return and is not a dependent of another individual may claim a tax rebate for the taxable year for which the return is filed. T…

necessary to enable gainful employment to prevent indigency. A. As used in this section: (1) "caregiver" means a corporation or an individual eighteen years of age or over who receives compensation from a resident for providing direct care, supervision and guidance to a qualifyin…

A. There shall be allowed as a credit against the tax liability imposed by the Income Tax Act, an amount equal to fifty percent of the fair market value of land or interest in land that is conveyed for the purpose of open space, natural resource or biodiversity conservation, agri…

History: Laws 2003, ch. 400, § 1; repealed by Laws 2025, ch. 130, § 155.

History: Laws 2004, ch. 99, § 1; repealed by Laws 2005, ch. 91, § 2.

expenses of individuals sixty-five years of age or older. A. A taxpayer who files an individual New Mexico income tax return, who is sixty- five years of age or older and who is not a dependent of another taxpayer may claim a credit in an amount equal to two thousand eight hundre…

History: Laws 2006, ch. 93, § 1; 2009, ch. 280, § 1; repealed by Laws 2025, ch. 130, § 155.

A. A taxpayer who is a resident and who files an individual New Mexico income tax return may claim a credit in an amount equal to twenty percent for taxable years beginning on or after January 1, 2021, and twenty-five percent for taxable years beginning on or after January 1, 202…

qualifications; duration of credit. A. A taxpayer who files an individual New Mexico income tax return, who is not a dependent of another taxpayer and who adopts or has adopted a special needs child may claim a credit against the taxpayer's tax liability imposed pursuant to the I…

A. A taxpayer who files a New Mexico income tax return, is not a dependent of another taxpayer, is an accredited investor and makes a qualified investment may apply for, and the department may allow, a claim for a credit in an amount not to exceed twenty-five percent of the quali…

A. The tax credit provided in this section may be referred to as the "renewable energy production tax credit". The tax credit provided in this section may not be claimed with respect to the same electricity production for which a tax credit pursuant to Section 7-2A-19 NMSA 1978 h…

History: Laws 2007, ch. 204, § 3; 2009, ch. 59, § 1; 2013, ch. 92, § 1; repealed by Laws 2025, ch. 130, § 155.

A. Tax credits for the preservation of cultural property may be claimed as follows: (1) to encourage the restoration, rehabilitation and preservation of cultural properties, a taxpayer who files an individual New Mexico income tax return and who is not a dependent of another indi…

History: Laws 2007, ch. 204, § 5; repealed by Laws 2007, ch. 204, § 20.

History: Laws 2007, ch. 204, § 7; repealed by Laws 2023, ch. 85, § 28.

A. A taxpayer who files an individual New Mexico tax return, who is not a dependent of another individual, who is an eligible health care practitioner and who has provided health care services in New Mexico in a rural health care underserved area in a taxable year may claim a cre…

History: Laws 2008 (2nd S.S.), ch. 3, § 1; repealed by Laws 2025, ch. 130, § 155.

credit. A. A taxpayer who files an individual New Mexico income tax return for a taxable year beginning on or after January 1, 2024 and who purchases and installs after May 15, 2024 but before December 31, 2034 a geothermal ground-coupled heat pump in a residence, business or agr…

History: Laws 2009, ch. 279, § 1; repealed by Laws 2023, ch. 85, § 28.