HOUSE BILL 268
56th legislature - STATE OF NEW MEXICO - second session, 2024
RELATING TO TAXATION; INCREASING THE CHILD INCOME TAX CREDIT FOR QUALIFYING CHILDREN UNDER THE AGE OF SIX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-2-18.34 NMSA 1978 (being Laws 2022, Chapter 47, Section 5, as amended) is amended to read:
"7-2-18.34. CHILD INCOME TAX CREDIT.--
A. For taxable years prior to January 1, 2032, a taxpayer who is a resident and is not a dependent of another individual may apply for, and the department may allow, a credit against the taxpayer's tax liability imposed pursuant to the Income Tax Act for each qualifying child of the taxpayer. The tax credit provided by this section may be referred to as the "child income tax credit".
B. Except as provided in [Subsection D] Subsections C and E of this section, the child income tax credit may be claimed as shown in the following table:
Adjusted gross income is Amount of credit per
Over But not over qualifying child is
$ 0 $ 25,000 $600
25,000 50,000 400
50,000 75,000 200
75,000 100,000 100
100,000 200,000 75
200,000 350,000 50
C. For each qualifying child under age six, the amount of credit shown in Subsection B of this section, as adjusted pursuant to Subsection E of this section, shall be multiplied by two.
[C.] D. If a taxpayer's adjusted gross income is less than zero, the taxpayer may claim a tax credit in the amount shown in the first row of the table provided in Subsection B of this section.
[D.] E. For the 2024 taxable year and each subsequent taxable year, the amount of credit shown in the table in Subsection B of this section shall be adjusted to account for inflation. The department shall make the adjustment by multiplying each amount of credit by a fraction, the numerator of which is the consumer price index ending during the prior taxable year and the denominator of which is the consumer price index ending in tax year 2022. The result of the multiplication shall be rounded down to the nearest one dollar ($1.00), except that if the result would be an amount less than the corresponding amount for the preceding taxable year, then no adjustment shall be made.
[E.] F. To receive a child income tax credit, a taxpayer shall apply to the department on forms and in the manner prescribed by the department.
[F.] G. That portion of a child income tax credit that exceeds a taxpayer's tax liability in the taxable year in which the credit is claimed shall be refunded.
[G.] H. Married individuals filing separate returns for a taxable year for which they could have filed a joint return may each claim only one-half of the child income tax credit that would have been claimed on a joint return.
[H.] I. A taxpayer allowed a tax credit pursuant to this section shall report the amount of the credit to the department in a manner required by the department.
[I.] J. The department shall compile an annual report on the child income tax credit that shall include the number of taxpayers approved by the department to receive the credit, the aggregate amount of credits approved and any other information necessary to evaluate the effectiveness of the credit. The department shall compile and present the annual report to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the cost of the tax credit.
[J.] K. As used in this section:
(1) "consumer price index" means the consumer price index for all urban consumers published by the United States department of labor for the month ending September 30; and
(2) "qualifying child" means "qualifying child" as defined by Section 152(c) of the Internal Revenue Code, as that section may be amended or renumbered, but includes any minor child or stepchild of the taxpayer who would be a qualifying child for federal income tax purposes if the public assistance contributing to the support of the child or stepchild was considered to have been contributed by the taxpayer."
SECTION 2. APPLICABILITY.--The provisions of this act apply to taxable years beginning on and after January 1, 2024.
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