46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO TAXATION; AMENDING THE INCOME TAX ACT TO ACCELERATE PHASED-IN TAX RELIEF; REPEALING SECTIONS OF LAWS 2003, CHAPTER 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 7-2-7 NMSA 1978 (being Laws 1994, Chapter 5, Section 20, as amended, and also amended by Laws 2003, Chapter 2, Section 2) is amended to read:
"7-2-7. INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for any taxable year beginning in 2003:
A. For married individuals filing separate returns:
If the taxable income is: The tax shall be:
[Not over $4,000 1.7% of taxable income
Over $ 4,000 but not over $ 8,000 $ 68.00 plus 3.2% of
excess over $ 4,000
Over $ 8,000 but not over $ 12,000 $ 196 plus 4.7% of
excess over $ 8,000
Over $ 12,000 but not over $ 20,000 $ 384 plus 6.0% of
excess over $ 12,000
Over $ 20,000 but not over $ 32,000 $ 864 plus 7.1% of
excess over $ 20,000
Over $ 32,000 $ 1,716 plus 7.7% of
excess over $ 32,000]
Not over $4,000 1.7% of taxable income
Over $ 4,000 but not over $ 8,000 $ 68.00 plus 3.2% of
excess over $ 4,000
Over $ 8,000 but not over $ 12,000 $ 196 plus 4.7% of
excess over $ 8,000
Over $12,000 $ 384 plus 4.9% of
excess over $ 12,000.
B. For surviving spouses and married individuals filing joint returns:
If the taxable income is: The tax shall be:
[Not over $8,000 1.7% of taxable income
Over $ 8,000 but not over $ 16,000 $ 136 plus 3.2% of excess over $ 8,000
Over $ 16,000 but not over $ 24,000 $ 392 plus 4.7% of excess over $ 16,000
Over $ 24,000 but not over $ 40,000 $ 768 plus 6.0% of excess over $ 24,000
Over $ 40,000 but not over $ 64,000 $ 1,728 plus 7.1% of
excess over $ 40,000
Over $ 64,000 $ 3,432 plus 7.7% of
excess over $ 64,000]
Not over $8,000 1.7% of taxable income
Over $ 8,000 but not over $ 16,000 $ 136 plus 3.2% of
excess over $ 8,000
Over $ 16,000 but not over $ 24,000 $ 392 plus 4.7% of
excess over $ 16,000
Over $ 24,000 $ 768 plus 4.9% of
excess over $ 24,000.
C. For single individuals and for estates and trusts:
If the taxable income is: The tax shall be:
[Not over $5,500 1.7% of taxable income
Over $ 5,500 but not over $ 11,000 $ 93.50 plus 3.2% of excess over $ 5,500
Over $ 11,000 but not over $ 16,000 $ 269.50 plus 4.7% of excess over $ 11,000
Over $ 16,000 but not over $ 26,000 $ 504.50 plus 6.0% of excess over $ 16,000
Over $ 26,000 but not over $ 42,000 $1,104.50 plus 7.1% of excess over $ 26,000
Over $ 42,000 $2,240.50 plus 7.7% of
excess over $ 42,000]
Not over $ 5,500 1.7% of taxable income
Over $ 5,500 but not over $ 11,000 $ 93.50 plus 3.2% of
excess over $ 5,500
Over $ 11,000 but not over $ 16,000 $ 269.50 plus 4.7% of
excess over $ 11,000
Over $ 16,000 $ 504.50 plus 4.9% of
excess over $ 16,000.
D. For heads of household filing returns:
If the taxable income is: The tax shall be:
[Not over $7,000 1.7% of taxable income
Over $ 7,000 but not over $ 14,000 $ 119 plus 3.2% of
excess over $ 7,000
Over $ 14,000 but not over $ 20,000 $ 343 plus 4.7% of
excess over $ 14,000
Over $ 20,000 but not over $ 33,000 $ 625 plus 6.0% of
excess over $ 20,000
Over $ 33,000 but not over $ 53,000 $1,405 plus 7.1% of
excess over $ 33,000
Over $ 53,000 $2,825 plus 7.7% of
excess over $ 53,000]
Not over $7,000 1.7% of taxable income
Over $ 7,000 but not over $ 14,000 $ 119 plus 3.2% of
excess over $ 7,000
Over $ 14,000 but not over $ 20,000 $ 343 plus 4.7% of
excess over $ 14,000
Over $ 20,000 $ 625 plus 4.9% of
excess over $ 20,000.
E. The tax on the sum of any lump-sum amounts included in net income is an amount equal to five multiplied by the difference between:
(1) the amount of tax due on the taxpayer's taxable income; and
(2) the amount of tax that would be due on an amount equal to the taxpayer's taxable income and twenty percent of the taxpayer's lump-sum amounts included in net income."
Section 2. Section 7-2-34 NMSA 1978 (being Laws 1999, Chapter 205, Section 1, as amended by Laws 2003, Chapter 2, Section 7) is amended to read:
"7-2-34. DEDUCTION--NET CAPITAL GAIN INCOME.--
A. Except as provided in Subsection C of this
section, a taxpayer may claim a deduction from net income in an
amount equal to the greater of [(1)] fifty percent of the
taxpayer's net capital gain income for the taxable year for
which the deduction is being claimed [but not to exceed] or one
thousand dollars ($1,000) [or
(2) the following percentage of the taxpayer's
net capital gain income for the taxable year for which the
deduction is being claimed:
(a) for a taxable year beginning in
2003, ten percent;
(b) for a taxable year beginning in
2004, twenty percent;
(c) for a taxable year beginning in
2005, thirty percent;
(d) for a taxable year beginning in
2006, forty percent; and
(e) for taxable years beginning on or
after January 1, 2007, fifty percent].
B. A husband and wife 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 deduction provided by this section that would have been allowed on the joint return.
C. A taxpayer may not claim the deduction provided in Subsection A of this section if the taxpayer has claimed the credit provided in Section 7-2D-8.1 NMSA 1978.
D. As used in this section, "net capital gain" means "net capital gain" as defined in Section 1222 (11) of the Internal Revenue Code."
Section 3. REPEAL.--Laws 2003, Chapter 2, Sections 3 through 6 are repealed.
Section 4. APPLICABILITY.--The provisions of Sections 1 and 2 of this act apply to taxable years beginning on or after January 1, 2003.