0001| HOUSE BILL 1235 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DELORES C. WRIGHT | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO TAXATION; AMENDING THE INCOME TAX ACT TO INCREASE, | 0012| INDEX AND EXPAND ELIGIBILITY FOR THE EXEMPTION FOR PERSONS WHO | 0013| ARE SIXTY-FIVE YEARS OF AGE AND OLDER OR BLIND. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 7-2-5.2 NMSA 1978 (being Laws 1985, | 0017| Chapter 114, Section 1, as amended) is amended to read: | 0018| "7-2-5.2. EXEMPTION--INCOME OF PERSONS SIXTY-FIVE AND | 0019| OLDER OR BLIND.-- | 0020| A. Any individual sixty-five years of age or | 0021| older or who, for federal income tax purposes, is blind may | 0022| claim an exemption in an amount specified in [Subsections A | 0023| through C of this section not to exceed eight thousand dollars | 0024| ($8,000)] Paragraphs (1) through (3) of this subsection as | 0025| adjusted pursuant to Subsections C and D of this section of | 0001| income includable except for this exemption in net income. | 0002| Individuals having income both within and without this state | 0003| shall apportion this exemption in accordance with regulations | 0004| of the secretary. | 0005| [A.] (1) For married individuals filing | 0006| separate returns, for any taxable year beginning [on or | 0007| after] prior to January 1, [1987] 1997: | 0008| The maximum amount of | 0009| exemption allowable | 0010| If adjusted under this section shall | 0011| gross income is: be: | 0012| Not over $15,000 $8,000 | 0013| Over $15,000 but not over $16,500 $7,000 | 0014| Over $16,500 but not over $18,000 $6,000 | 0015| Over $18,000 but not over $19,500 $5,000 | 0016| Over $19,500 but not over $21,000 $4,000 | 0017| Over $21,000 but not over $22,500 $3,000 | 0018| Over $22,500 but not over $24,000 $2,000 | 0019| Over $24,000 but not over $25,500 $1,000 | 0020| Over $25,500 0. | 0021| [B.] (2) For heads of household, surviving | 0022| spouses and married individuals filing joint returns, for any | 0023| taxable year beginning [on or after] prior to January 1, | 0024| [1987] 1997: | 0025| The maximum amount of | 0001| exemption allowable | 0002| If adjusted under this section | 0003| gross income is: shall be: | 0004| Not over $30,000 $8,000 | 0005| Over $30,000 but not over $33,000 $7,000 | 0006| Over $33,000 but not over $36,000 $6,000 | 0007| Over $36,000 but not over $39,000 $5,000 | 0008| Over $39,000 but not over $42,000 $4,000 | 0009| Over $42,000 but not over $45,000 $3,000 | 0010| Over $45,000 but not over $48,000 $2,000 | 0011| Over $48,000 but not over $51,000 $1,000 | 0012| Over $51,000 0. | 0013| [C.] (3) For single individuals, for any taxable | 0014| year beginning [on or after] prior to January 1, [1987] | 0015| 1997: | 0016| The maximum amount of | 0017| exemption allowable | 0018| If adjusted under this section | 0019| gross income is: shall be: | 0020| Not over $18,000 $8,000 | 0021| Over $18,000 but not over $19,500 $7,000 | 0022| Over $19,500 but not over $21,000 $6,000 | 0023| Over $21,000 but not over $22,500 $5,000 | 0024| Over $22,500 but not over $24,000 $4,000 | 0025| Over $24,000 but not over $25,500 $3,000 | 0001| Over $25,500 but not over $27,000 $2,000 | 0002| Over $27,000 but not over $28,500 $1,000 | 0003| Over $28,500 0. | 0004| B. For taxable years beginning on or after January | 0005| 1, 1997, the secretary by regulation or instruction shall | 0006| prescribe inflation-adjusted tables for the exemption provided | 0007| in Subsection A of this section. The secretary shall determine | 0008| the inflation-adjusted tables for any taxable year by | 0009| multiplying the minimum and maximum dollar amounts and | 0010| allowable exemption amount for each rate bracket in Paragraphs | 0011| (1) through (3) of Subsection A of this section by the cost-of- | 0012| living adjustment calculated for the taxable year pursuant to | 0013| Subsection C of this section. The secretary shall round down | 0014| each adjusted bracket and exemption amount to the nearest | 0015| multiple of twenty-five dollars ($25.00) in the table in | 0016| Paragraph (1) of Subsection A of this section and fifty dollars | 0017| ($50.00) in the tables in Paragraphs (2) and (3) of Subsection | 0018| A of this section. | 0019| C. The cost-of-living adjustment for the taxable | 0020| year shall be: | 0021| (1) for taxable years beginning in calendar | 0022| year 1997, a fraction, the numerator of which is the consumer | 0023| price index for August 1990 and the denominator of which is the | 0024| consumer price index for August 1987; | 0025| (2) for taxable years beginning in calendar | 0001| year 1998, a fraction, the numerator of which is the consumer | 0002| price index for August 1994 and the denominator of which is the | 0003| consumer price index for August 1990; | 0004| (3) for taxable years beginning in calendar | 0005| year 1999, a fraction, the numerator of which is the consumer | 0006| price index for August 1998 and the denominator of which is the | 0007| consumer price index for August 1994; and | 0008| (4) for taxable years beginning in calendar | 0009| years after 1999, a fraction, the numerator of which is the | 0010| consumer price index for August of the calendar year prior to | 0011| the taxable year and the denominator of which is the consumer | 0012| price index for the August of the calendar year prior to that | 0013| calendar year. If the cost-of-living adjustment determined | 0014| pursuant to this paragraph is less than one for any taxable | 0015| year, the secretary shall prescribe the rate table for the | 0016| prior taxable year for that taxable year. | 0017| D. As used in this section, "consumer price index" | 0018| means the consumer price index for all-urban consumers | 0019| published by the United States department of labor." | 0020| Section 2. APPLICABILITY.--The provisions of this act | 0021| apply to taxable years on or after January 1, 1997. | 0022|  |