0001| HOUSE BILL 37
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| DAVID M. PARSONS
|
0005|
|
0006|
|
0007|
|
0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
|
0009|
|
0010| AN ACT
|
0011| RELATING TO TAXATION; CHANGING CERTAIN PROVISIONS OF THE TAX
|
0012| ADMINISTRATION ACT.
|
0013|
|
0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0015| Section 1. Section 7-1-3 NMSA 1978 (being Laws 1965,
|
0016| Chapter 248, Section 3, as amended) is amended to read:
|
0017| "7-1-3. DEFINITIONS.--Unless the context clearly
|
0018| indicates a different meaning, the definitions of words and
|
0019| phrases as they are stated in this section are to be used, and
|
0020| whenever in the Tax Administration Act these words and phrases
|
0021| appear, the singular includes the plural and the plural
|
0022| includes the singular:
|
0023| A. "department" means the taxation and revenue
|
0024| department, the secretary [of taxation and revenue] or any
|
0025| employee of the department exercising authority lawfully
|
0001| delegated to that employee by the secretary;
|
0002| B. "division" or "oil and gas accounting division"
|
0003| means the [taxation and revenue] department;
|
0004| C. "director" means the secretary [of taxation and
|
revenue];
|
0006| D. "director or his delegate" means the secretary
|
0007| or the secretary's delegate;
|
0008| E. "employee of the department" means any employee
|
0009| of the department, including the secretary, or any person
|
0010| acting as agent or authorized to represent or perform services
|
0011| for the department in any capacity with respect to any law made
|
0012| subject to administration and enforcement under the provisions
|
0013| of the Tax Administration Act;
|
0014| F. "Internal Revenue Code" means the Internal
|
0015| Revenue Code of 1986, as amended;
|
0016| G. "levy" means the lawful power, hereby invested
|
0017| in the secretary, to take into possession or to require the
|
0018| present or future surrender to the secretary or the secretary's
|
0019| delegate of any property or rights to property belonging to a
|
0020| delinquent taxpayer;
|
0021| H. "local option gross receipts tax" means a tax
|
0022| authorized to be imposed by a county or municipality upon the
|
0023| taxpayer's gross receipts, as that term is defined in the Gross
|
0024| Receipts and Compensating Tax Act, and required to be collected
|
0025| by the department at the same time and in the same manner as
|
0001| the gross receipts tax; "local option gross receipts tax"
|
0002| includes the taxes imposed pursuant to the Municipal Local
|
0003| Option Gross Receipts Taxes Act, Supplemental Municipal Gross
|
0004| Receipts Tax Act, Special Municipal Gross Receipts Tax Act,
|
0005| County Local Option Gross Receipts Taxes Act, Local Hospital
|
0006| Gross Receipts Tax Act, County Correctional Facility Gross
|
0007| Receipts Tax Act and such other acts as may be enacted
|
0008| authorizing counties or municipalities to impose taxes on gross
|
0009| receipts, which taxes are to be collected by the department in
|
0010| the same time and in the same manner as it collects the gross
|
0011| receipts tax;
|
0012| I. "net receipts" means the total amount of money
|
0013| paid by taxpayers to the department in a month pursuant to a
|
0014| tax or tax act less any refunds disbursed in that month with
|
0015| respect to that tax or tax act;
|
0016| J. "overpayment" means any amount paid, pursuant to
|
0017| any law subject to administration and enforcement under the
|
0018| provisions of the Tax Administration Act, by any person to the
|
0019| department, or withheld from the person, in excess of tax due
|
0020| from the person to the state at the time of the payment or at
|
0021| the time the amount withheld is credited against tax due;
|
0022| K. "paid" includes the term "paid over";
|
0023| L. "pay" includes the term "pay over";
|
0024| M. "payment" includes the term "payment over";
|
0025| N. "person" means any individual, estate, trust,
|
0001| receiver, cooperative association, club, corporation, company,
|
0002| firm, partnership, limited liability company, limited liability
|
0003| partnership, joint venture, syndicate, other association or
|
0004| gas, water or electric utility owned or operated by a county or
|
0005| municipality; "person" also means, to the extent permitted by
|
0006| law, any federal, state or other governmental unit or
|
0007| subdivision, or an agency, department or instrumentality
|
0008| thereof; "person", as used in Sections 7-1-72 through 7-1-74
|
0009| NMSA 1978, also includes an officer or employee of a
|
0010| corporation, a member or employee of a partnership or any
|
0011| individual who, as such, is under a duty to perform any act in
|
0012| respect of which a violation occurs;
|
0013| O. "property" means property or rights to property;
|
0014| P. "property or rights to property" means any
|
0015| tangible property, real or personal, or any intangible property
|
0016| of a taxpayer;
|
0017| Q. "secretary" means the secretary of taxation and
|
0018| revenue and, except for purposes of Subsection B of Section
|
0019| 7-1-4 [Paragraphs (1) and (2) of Subsection B of Section
|
7-1-5] and Subsection E of Section 7-1-24 NMSA 1978, also
|
0021| includes the deputy secretary or a division director or deputy
|
0022| division director delegated by the secretary;
|
0023| R. "secretary or the secretary's delegate" means
|
0024| the secretary [of taxation and revenue] or any employee of
|
0025| the department exercising authority lawfully delegated to that
|
0001| employee by the secretary;
|
0002| S. "security" means money, property or rights to
|
0003| property or a surety bond;
|
0004| T. "state" means any state of the United States,
|
0005| the District of Columbia, the commonwealth of Puerto Rico and
|
0006| any territory or possession of the United States;
|
0007| U. "tax" means the total amount of each tax imposed
|
0008| and required to be paid, withheld and paid or collected and
|
0009| paid under provision of any law made subject to administration
|
0010| and enforcement according to the provisions of the Tax
|
0011| Administration Act and, unless the context otherwise requires,
|
0012| includes the amount of any interest or civil penalty relating
|
0013| thereto; "tax" also means any amount of any abatement of tax
|
0014| made or any credit, rebate or refund paid or credited by the
|
0015| department under any law subject to administration and
|
0016| enforcement under the provisions of the Tax Administration Act
|
0017| to any person contrary to law and includes, unless the context
|
0018| requires otherwise, the amount of any interest or civil penalty
|
0019| relating thereto;
|
0020| V. "taxpayer" means a person liable for payment of
|
0021| any tax, a person responsible for withholding and payment or
|
0022| for collection and payment of any tax or a person to whom an
|
0023| assessment has been made, if the assessment remains unabated or
|
0024| the amount thereof has not been paid; and
|
0025| W. "tax return preparer" means a person who
|
0001| prepares for others for compensation, or who employs one or
|
0002| more persons to prepare for others for compensation, any return
|
0003| of income tax, a substantial portion of any return of income
|
0004| tax, any claim for refund with respect to income tax or a
|
0005| substantial portion of any claim for refund with respect to
|
0006| income tax; provided that a person shall not be a "tax return
|
0007| preparer" merely because such person:
|
0008| (1) furnishes typing, reproducing or other
|
0009| mechanical assistance;
|
0010| (2) is an employee who prepares an income tax
|
0011| return or claim for refund with respect to an income tax return
|
0012| of the employer, or of an officer or employee of the employer,
|
0013| by whom the person is regularly and continuously employed; or
|
0014| (3) prepares as a trustee or other fiduciary
|
0015| an income tax return or claim for refund with respect to income
|
0016| tax for any person."
|
0017| Section 2. Section 7-1-9 NMSA 1978 (being Laws 1965,
|
0018| Chapter 248, Section 14, as amended) is amended to read:
|
0019| "7-1-9. ADDRESS OF NOTICES AND PAYMENTS--TIMELY MAILING
|
0020| CONSTITUTES TIMELY FILING OR MAKING.--
|
0021| A. Any notice required or authorized by the Tax
|
0022| Administration Act to be given by mail is effective if mailed
|
0023| or served by the secretary or the secretary's delegate to the
|
0024| taxpayer or person at the last address shown on his
|
0025| registration certificate or other record of the department.
|
0001| Any notice, return, application or payment required or
|
0002| authorized to be delivered to the secretary or the department
|
0003| by mail shall be addressed to the secretary of taxation and
|
0004| revenue, taxation and revenue department, Santa Fe, New Mexico
|
0005| or in any other manner which the secretary by regulation or
|
0006| instruction may direct.
|
0007| B. Except as provided otherwise in Section 7-1-13.1
|
0008| NMSA 1978, all notices, returns, applications or payments
|
0009| authorized or required to be made or given by mail are timely
|
0010| if mailed on or before the date on which they are required.
|
0011| The secretary by regulation may provide that delivery to a
|
0012| private delivery or courier service on or before the date on
|
0013| which mailing is required constitutes timely mailing and may
|
0014| specify standards under which the service's time stamps or
|
0015| other indication of date of delivery to the service are
|
0016| adequate to determine actual time of delivery to the service."
|
0017| Section 3. Section 7-1-26 NMSA 1978 (being Laws 1965,
|
0018| Chapter 248, Section 28, as amended) is amended to read:
|
0019| "7-1-26. CLAIM FOR REFUND.--
|
0020| A. Any person who believes that an amount of tax
|
0021| has been paid by or withheld from that person in excess of that
|
0022| for which the person was liable, who has been denied any credit
|
0023| or rebate claimed or who claims a prior right to property in
|
0024| the possession of the department pursuant to a levy made under
|
0025| authority of Sections 7-1-31 through 7-1-34 NMSA 1978 may claim
|
0001| a refund by directing to the secretary, within the time limited
|
0002| by the provisions of Subsections [B, C and D] C, D and E of
|
0003| this section, a written claim for refund. Except as provided
|
0004| in Subsection [G] H of this section, a refund claim
|
0005| [must] shall include the taxpayer's name, address and
|
0006| identification number, the type of tax for which a refund is
|
0007| being claimed, the sum of money being claimed, the period for
|
0008| which overpayment was made and the basis for the refund.
|
0009| B. The secretary or the secretary's delegate may
|
0010| allow the claim in whole or in part or may deny the claim. If
|
0011| the claim is denied in whole or in part in writing, the claim
|
0012| may not be refiled. If the claim is not granted in full, the
|
0013| person, within ninety days after either the mailing or
|
0014| delivery of the denial of all or any part of the claim, may
|
0015| elect to pursue one, but not more than one, of the remedies in
|
0016| Paragraphs (1) and (2) of this subsection. If the department
|
0017| has neither granted nor denied any portion of a claim for
|
0018| refund within one hundred twenty days of the date the claim was
|
0019| mailed or delivered to the department, the department may not
|
0020| approve or deny the claim but the person may refile it within
|
0021| the time limits set forth in Subsection [B] C of this
|
0022| section or may within ninety days elect to pursue one, but only
|
0023| one, of the remedies in Paragraphs (1) and (2) of this
|
0024| subsection. In any case, if a person does timely pursue more
|
0025| than one remedy, the person shall be deemed to have elected the
|
0001| first remedy invoked. The remedies are as follows:
|
0002| (1) the person may direct to the secretary a
|
0003| written protest against the denial of, or failure to either
|
0004| allow or deny, the claim, which shall be set for hearing by a
|
0005| hearing officer designated by the secretary promptly after the
|
0006| receipt of the protest in accordance with the provisions of
|
0007| Section 7-1-24 NMSA 1978, and pursue the remedies of appeal
|
0008| from decisions adverse to the protestant as provided in Section
|
0009| 7-1-25 NMSA 1978; or
|
0010| (2) the person may commence a civil action in
|
0011| the district court for Santa Fe county by filing a complaint
|
0012| setting forth the circumstance of the claimed overpayment,
|
0013| alleging that on account thereof the state is indebted to the
|
0014| plaintiff in the amount stated, together with any interest
|
0015| allowable, demanding the refund to the plaintiff of that amount
|
0016| and reciting the facts of the claim for refund. The plaintiff
|
0017| or the secretary may appeal from any final decision or order of
|
0018| the district court to the court of appeals.
|
0019| [B.] C. Except as otherwise provided in
|
0020| Subsections [C and D] D and E of this section, no credit or
|
0021| refund of any amount may be allowed or made to any person
|
0022| unless as the result of a claim made by that person as provided
|
0023| in this section:
|
0024| (1) within three years of the end of the
|
0025| calendar year in which:
|
0001| (a) the payment was originally due or
|
0002| the overpayment resulted from an assessment by the department
|
0003| pursuant to Section 7-1-17 NMSA 1978, whichever is later;
|
0004| (b) the final determination of value
|
0005| occurs with respect to any overpayment that resulted from a
|
0006| disapproval by any agency of the United States or the state of
|
0007| New Mexico or any court of increase in value of a product
|
0008| subject to taxation under the Oil and Gas Severance Tax Act,
|
0009| the Oil and Gas Conservation Tax Act, the Oil and Gas Emergency
|
0010| School Tax Act, the Oil and Gas Ad Valorem Production Tax Act
|
0011| or the Natural Gas Processors Tax Act; or
|
0012| (c) property was levied upon pursuant to
|
0013| the provisions of the Tax Administration Act;
|
0014| (2) within one year of the date:
|
0015| (a) of the denial of the claim for
|
0016| credit under the provisions of the Investment Credit Act or
|
0017| Filmmaker's Credit Act;
|
0018| (b) an assessment of tax is made; or
|
0019| (c) a proceeding begun in court by the
|
0020| department with respect to any period that is covered by a
|
0021| waiver signed on or after July 1, 1993 by the taxpayer pursuant
|
0022| to Subsection F of Section 7-1-18 NMSA 1978; or
|
0023| (3) for assessments made on or after July 1,
|
0024| 1993, within one year of the date of an assessment of tax made
|
0025| under Subsection B, C or D of Section 7-1-18 NMSA 1978 when the
|
0001| assessment applies to a period ending at least three years
|
0002| prior to the beginning of the year in which the assessment was
|
0003| made, but the claim for refund shall not be made with respect
|
0004| to any period not covered by the assessment.
|
0005| [C.] D. No credit or refund shall be allowed or
|
0006| made to any person claiming a refund of gasoline tax under
|
0007| Section
|
0008| 7-13-11 NMSA 1978 unless notice of the destruction of the
|
0009| gasoline was given the department within thirty days of the
|
0010| actual destruction and the claim for refund is made within six
|
0011| months of the date of destruction. No credit or refund shall
|
0012| be allowed or made to any person claiming a refund of gasoline
|
0013| tax under Section 7-13-14 NMSA 1978 unless the refund is
|
0014| claimed within six months of the date of purchase of the
|
0015| gasoline and the gasoline has been used at the time the claim
|
0016| for refund is made.
|
0017| [D.] E. If, as a result of an audit by the
|
0018| internal revenue service or the filing of an amended federal
|
0019| return changing a prior election or making any other change for
|
0020| which federal approval is required by the Internal Revenue
|
0021| Code, any adjustment of federal tax is made with the result
|
0022| that there would have been an overpayment of tax if the
|
0023| adjustment to federal tax had been applied to the taxable
|
0024| period to which it relates, claim for credit or refund of only
|
0025| that amount based on the adjustment may be made as provided in
|
0001| this section within one year of the date of the internal
|
0002| revenue service audit adjustment or payment of the federal
|
0003| refund or within the period limited by Subsection [B] C of
|
0004| this section, whichever expires later. Interest, computed at
|
0005| the rate specified in Subsection B of Section 7-1-68 NMSA 1978,
|
0006| shall be allowed on any such claim for refund from the date one
|
0007| hundred twenty days after the claim is made until the date the
|
0008| final decision to grant the credit or refund is made.
|
0009| [E.] F. Any refund of tax paid under any tax or
|
0010| tax act administered under Subsection B of Section 7-1-2 NMSA
|
0011| 1978 may be made, at the discretion of the department, in the
|
0012| form of credit against future tax payments if future tax
|
0013| liabilities in an amount at least equal to the credit amount
|
0014| reasonably may be expected to become due.
|
0015| [F.] G. For the purposes of this section, the
|
0016| term "oil and gas tax return" means a return reporting tax due
|
0017| with respect to oil, natural gas, liquid hydrocarbons or carbon
|
0018| dioxide pursuant to the Oil and Gas Severance Tax Act, the Oil
|
0019| and Gas Conservation Tax Act, the Oil and Gas Emergency School
|
0020| Tax Act, the Oil and Gas Ad Valorem Production Tax Act, the
|
0021| Natural Gas Processors Tax Act or the Oil and Gas Production
|
0022| Equipment Ad Valorem Tax Act.
|
0023| [G.] H. The filing of a fully completed
|
0024| original income tax return, corporate income tax return,
|
0025| corporate income and franchise tax return, estate tax return or
|
0001| special fuel excise tax return that shows a balance due the
|
0002| taxpayer or a fully completed amended income tax return, an
|
0003| amended corporate income tax return, an amended corporate
|
0004| income and franchise tax return, an amended estate tax return,
|
0005| an amended special fuel excise tax return or an amended oil and
|
0006| gas tax return that shows a lesser tax liability than the
|
0007| original return constitutes the filing of a claim for refund
|
0008| for the difference in tax due shown on the original and amended
|
0009| returns."
|
0010| Section 4. Section 7-1-39 NMSA 1978 (being Laws 1965,
|
0011| Chapter 248, Section 41, as amended) is amended to read:
|
0012| "7-1-39. RELEASE OR EXTINGUISHMENT OF LIEN--LIMITATION ON
|
0013| ACTIONS TO ENFORCE LIEN.--
|
0014| A. When any substantial part of the amount of tax
|
0015| due from a taxpayer is paid, the department shall immediately
|
0016| file, in the same county in which a notice of lien was filed,
|
0017| and in the same records, a document completely or partially
|
0018| releasing the lien. The county clerk to whom such a document
|
0019| is presented shall record it without charge.
|
0020| B. The department may file, in the same county as
|
0021| the notice of lien was filed, a document releasing or partially
|
0022| releasing any lien filed in accordance with Section 7-1-38 NMSA
|
0023| 1978 when the filing of the lien was premature or did not
|
0024| follow requirements of law, when the taxpayer enters into an
|
0025| installment agreement to pay the taxes due that filing of the
|
0001| lien was intended to secure or when release or partial release
|
0002| would facilitate collection of taxes due. The county clerk to
|
0003| whom the document is presented shall record it without charge.
|
0004| [B.] C. In all cases when a notice of lien for
|
0005| taxes, penalties and interest has been filed under Section
|
0006| 7-1-38 NMSA 1978 and a period of ten years has passed from the
|
0007| date the lien was filed, as shown on the notice of lien, the
|
0008| taxes, penalties and interest for which the lien is claimed
|
0009| shall be conclusively presumed to have been paid. The county
|
0010| clerk shall enter in his records a notice including the words
|
0011| "canceled by act of legislature" and the lien is thereby
|
0012| extinguished. No action shall be brought to enforce any lien
|
0013| extinguished in accordance with this [section] subsection."
|
0014| Section 5. Section 7-1-61 NMSA 1978 (being Laws 1965,
|
0015| Chapter 248, Section 62, as amended) is amended to read:
|
0016| "7-1-61. DUTY OF SUCCESSOR IN BUSINESS.--
|
0017| A. As used in Sections 7-1-61 through 7-1-64 NMSA
|
0018| 1978, "tax" means the amount of tax due imposed by provisions
|
0019| of the [Gross Receipts and Compensating Tax Act, the Liquor
|
Excise Tax Act, the Resources Excise Tax Act, the County Fire
|
Protection Excise Tax Act or any municipal or county sales or
|
gross receipts tax] taxes or tax acts set forth in
|
0023| Subsections A and B of Section 7-1-2 NMSA 1978, except the
|
0024| Income Tax Act.
|
0025| B. The tangible and intangible property used in any
|
0001| business remains subject to liability for payment of the tax
|
0002| due on account of that business to the extent stated herein,
|
0003| even though the business changes hands.
|
0004| C. If any person liable for any amount of tax
|
0005| [sells out his business] from operating a business transfers
|
0006| that business to a successor the [purchaser] successor
|
0007| shall [withhold and] place in a trust account sufficient
|
0008| [of] money from the purchase price or other source to
|
0009| cover such amount of tax until the secretary or secretary's
|
0010| delegate issues a certificate stating that no amount is due,
|
0011| or [he] the successor shall pay over the amount due to the
|
0012| department upon proper demand [therefor] for, or assessment
|
0013| of, that amount due by the secretary."
|
0014| Section 6. Section 7-1-62 NMSA 1978 (being Laws 1965,
|
0015| Chapter 248, Section 63, as amended) is amended to read:
|
0016| "7-1-62. DUTY OF [DIRECTOR] SECRETARY--RELEASE OF
|
0017| [PURCHASER] SUCCESSOR.--
|
0018| A. Within thirty days after receiving from the
|
0019| [purchaser] successor a written request for a certificate,
|
0020| or within thirty days from the date the former owner's records
|
0021| are made available for audit, whichever period expires the
|
0022| later, but in any event not later than sixty days after
|
0023| receiving the request, the [director or his delegate]
|
0024| secretary or secretary's delegate shall either issue the
|
0025| certificate or mail a notice to the [purchaser] successor
|
0001| of the amount of tax due from operating the business for
|
0002| which the [vendor] former owner is liable and which must be
|
0003| paid as a condition of issuing the certificate.
|
0004| B. Failure of the [director or his delegate]
|
0005| department to mail or deliver the notice of tax due
|
0006| within the required time releases the [purchaser] successor
|
0007| from any obligation [to withhold from the purchase price and
|
releases the property from the operation of] as a successor
|
0009| under Section 7-1-61 NMSA 1978."
|
0010| Section 7. Section 7-1-63 NMSA 1978 (being Laws 1965,
|
0011| Chapter 248, Section 64, as amended) is amended to read:
|
0012| "7-1-63. [DEMAND FOR PAYMENT] ASSESSMENT OF TAX DUE--
|
0013| APPLICATION OF PAYMENT.--
|
0014| A. If, after any business is [sold] transferred
|
0015| to a successor, any tax from operating the business for
|
0016| which the former owner is liable remains due, the [director or
|
his delegate shall make demand upon the purchaser for payment
|
over of that amount and the purchaser shall comply with the
|
demand] successor shall pay the amount due within thirty
|
0020| days. If the successor fails to pay within thirty days of the
|
0021| date notice provided for in Section 7-1-62 NMSA 1978 was mailed
|
0022| or if a certificate was not requested, the department shall
|
0023| assess the successor the amount due.
|
0024| B. Upon the payment [over] of the amount
|
0025| [required to be withheld] due from the amount placed in a
|
0001| trust account as provided by Subsection C of Section 7-1-61
|
0002| NMSA 1978, the balance, if any, remaining may be released to
|
0003| the former owner or otherwise lawfully disposed of. The former
|
0004| owner shall be credited with the payment of tax.
|
0005| C. A successor may discharge an assessment made
|
0006| pursuant to this section by paying to the department the full
|
0007| value of the transferred tangible and intangible property. The
|
0008| successor shall remain liable for the amount assessed, however,
|
0009| until the amount is paid if:
|
0010| (1) the business has been transferred to evade
|
0011| or defeat any tax;
|
0012| (2) the transfer of the business amounts to a
|
0013| de facto merger, consolidation or mere continuation of the
|
0014| transferor's business; or
|
0015| (3) the successor has assumed the liability."
|
0016| Section 8. Section 7-1-69 NMSA 1978 (being Laws 1965,
|
0017| Chapter 248, Section 70, as amended) is amended to read:
|
0018| "7-1-69. CIVIL PENALTY FOR FAILURE TO PAY TAX OR FILE A
|
0019| RETURN.--
|
0020| A. Except as provided in Subsection B of this
|
0021| section, in the case of failure due to negligence or disregard
|
0022| of rules and regulations, but without intent to [defraud]
|
0023| evade or defeat any tax, to pay when due any amount of tax
|
0024| required to be paid, to pay in accordance with the provisions
|
0025| of Section 7-1-13.1 NMSA 1978 when required to do so or to
|
0001| file by the date required a return regardless of whether any
|
0002| tax is due, there shall be added to the amount as penalty the
|
0003| greater of:
|
0004| (1) two percent per month or any fraction of a
|
0005| month from the date the tax was due multiplied by the amount of
|
0006| tax due but not paid, not to exceed ten percent of the tax due
|
0007| but not paid;
|
0008| (2) two percent per month or any fraction of a
|
0009| month from the date the return was required to be filed
|
0010| multiplied by the tax liability established in the late return,
|
0011| not to exceed ten percent of the tax liability established in
|
0012| the late return; or
|
0013| (3) a minimum of five dollars ($5.00), but the
|
0014| five-dollar ($5.00) minimum penalty shall not apply to taxes
|
0015| levied under the Income Tax Act or taxes administered by the
|
0016| department pursuant to Subsection B of Section 7-1-2 NMSA 1978.
|
0017| B. If a different penalty is specified in a compact
|
0018| or other interstate agreement to which New Mexico is a party,
|
0019| [then] the penalty provided in the compact or other
|
0020| interstate agreement shall be applied to amounts due under the
|
0021| compact or other interstate agreement at the rate and in the
|
0022| manner prescribed by the compact or other interstate agreement.
|
0023| C. In the case of failure, with willful intent to
|
0024| [defraud the state] evade or defeat any tax, to pay when
|
0025| due any amount of tax required to be paid, there shall be added
|
0001| to the amount fifty percent of the tax or a minimum of twenty-
|
0002| five dollars ($25.00), whichever is greater, as penalty.
|
0003| [D. In the case of failure to pay the amount of
|
tax required to be paid in accordance with Section 7-1-13.1
|
NMSA 1978 in the manner required by that section, there shall
|
be added to the amount due a penalty of two percent of the
|
amount due, except that if a penalty is required to be imposed
|
by this subsection and a penalty is also required to be imposed
|
under Subsection A of this section, the penalty shall be
|
imposed and collected pursuant to Subsection A of this section
|
only]
|
0012| D. If demand is made for payment of any tax,
|
0013| including penalty imposed pursuant to this section, and if such
|
0014| tax is paid within ten days after the date of such demand, no
|
0015| penalty shall be imposed for the period after the date of the
|
0016| demand with respect to the amount paid."
|
0017| Section 9. A new section of the Tax Administration Act is
|
0018| enacted to read:
|
0019| "[NEW MATERIAL] CIVIL PENALTY--WILLFUL ATTEMPT TO CAUSE
|
0020| EVASION OF ANOTHER'S TAX.--Any person other than the taxpayer
|
0021| who willfully causes or attempts to cause the evasion of a
|
0022| taxpayer's obligation to report and pay tax may be assessed a
|
0023| civil penalty in an amount equal to the amount of the tax,
|
0024| penalty and interest attempted to be evaded."
|
0025| Section 10. REPEAL.--Sections 7-1-26.1 and 7-1-64 NMSA
|
0001| 1978 (being Laws 1991, Chapter 9, Section 23 and Laws 1965,
|
0002| Chapter 248, Section 65, as amended) are repealed.
|
0003| Section 11. APPLICABILITY.--The provisions of Subsection
|
0004| B of Section 7-1-26 NMSA 1978 as set forth in Section 3 of this
|
0005| act apply to claims for refund filed on or after July 1, 1997.
|
0006| Claims for refund filed before July 1, 1997 shall be
|
0007| administered in accordance with those provisions of Section
|
0008| 7-1-26 NMSA 1978 in effect on June 30, 1997.
|
0009| Section 12. EFFECTIVE DATE.--The effective date of the
|
0010| provisions of Sections 1 through 10 of this act is July 1,
|
0011| 1997.
|
0012| State of New Mexico
|
0013| House of Representatives
|
0014|
|
0015| FORTY-THIRD LEGISLATURE
|
0016| FIRST SESSION, 1997
|
0017|
|
0018|
|
0019| February 3, 1997
|
0020|
|
0021|
|
0022| Mr. Speaker:
|
0023|
|
0024| Your TAXATION AND REVENUE COMMITTEE, to whom has
|
0025| been referred
|
0001|
|
0002| HOUSE BILL 37
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS, amended as follows:
|
0006|
|
0007| 1. On page 13, line 19, strike ", when the taxpayer enters
|
0008| into an", strike line 20 in its entirety, and on line 21, strike
|
0009| "lien was intended to secure".
|
0010|
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018| Jerry W. Sandel, Chairman
|
0019|
|
0020|
|
0021| Adopted Not Adopted
|
0022|
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025| Date
|
0001|
|
0002| The roll call vote was 9 For 0 Against
|
0003| Yes: 9
|
0004| Excused: Gubbels, Lujan, Ryan, Sandel
|
0005| Absent: None
|
0006|
|
0007|
|
0008|
|
0009| G:\BILLTEXT\BILLW_97\H0037
|
0010|
|
0011| FORTY-THIRD LEGISLATURE
|
0012| FIRST SESSION, 1997
|
0013|
|
0014|
|
0015| March 19, 1997
|
0016|
|
0017| Mr. President:
|
0018|
|
0019| Your WAYS AND MEANS COMMITTEE, to whom has been
|
0020| referred
|
0021|
|
0022| HOUSE BILL 37, as amended
|
0023|
|
0024| has had it under consideration and reports same with
|
0025| recommendation that it DO PASS.
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| __________________________________
|
0008| Carlos R. Cisneros, Chairman
|
0009|
|
0010|
|
0011|
|
0012| Adopted_______________________ Not
|
0013| Adopted_______________________
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017|
|
0018| Date ________________________
|
0019|
|
0020|
|
0021| The roll call vote was 7 For 0 Against
|
0022| Yes: 7
|
0023| No: 0
|
0024| Excused: Duran, McSorley
|
0025| Absent: None
|
0001|
|
0002|
|
0003| H0037WM1
|