45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO TAXATION; PROVIDING A ONE-TIME TAX CREDIT FOR A MARRIED COUPLE CONSIDERING DIVORCE THAT HAS RECEIVED MARRIAGE COUNSELING; ENACTING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Income Tax Act is enacted to read:

"[NEW MATERIAL] MARRIED COUPLES CONSIDERING DIVORCE--INCOME TAX CREDIT.--

A. As used in this section:

(1) "accredited marriage counselor" means a person who holds a master's or doctoral degree in counseling from an accredited institution and specializes in marriage counseling; and

(2) "married couple" means a man and a woman who have entered into a lawful marriage.

B. A married couple that files a New Mexico joint income tax return for a taxable year may claim a one-time credit in the amount of five hundred dollars ($500); provided that the married couple received counseling services from an accredited marriage counselor.

C. A married couple that files separate income tax returns for a taxable year in which they could have filed a joint return may each claim a one-time credit in the amount of two hundred fifty dollars ($250); provided that the married couple received counseling services from an accredited marriage counselor."