HOUSE BILL 64

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Miguel P. Garcia

 

 

 

 

 

AN ACT

RELATING TO TAXATION; RESTORING PROGRESSIVITY TO INCOME TAX RATES.

 

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

     Section 1. Section 7-2-7 NMSA 1978 (being Laws 2005, Chapter 104, Section 4) 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 on or after January 1, [2008] 2010:

          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                         $384 plus [4.9%] 5.3% of excess over $12,000.

          B. For [heads of household] 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                         $768 plus [4.9%] 5.3% 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                         $504.50 plus [4.9%] 5.3% of excess over $16,000.

          D. For heads of households 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                          $625 plus 5.3% of excess                                      over $20,000.

          [D.] 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 7-2-7 NMSA 1978 (being Laws 2005, Chapter 104, Section 4, as amended by Section 1 of this act if it becomes law) is repealed and a new Section 7-2-7 NMSA 1978 is enacted to read:

     "7-2-7. [NEW MATERIAL] INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for a taxable year beginning in 2011:

          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 $384 plus 6.0% 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                          $768 plus 6.0% 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                          $504.50 plus 6.0% 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                          $625 plus 6.0% 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 3. Section 7-2-7 NMSA 1978 (being Section 2 of this act if it becomes law) is repealed and a new Section 7-2-7 NMSA 1978 is enacted to read:

     "7-2-7. [NEW MATERIAL] INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for a taxable year beginning in 2012:

          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                          $864 plus 6.8% of excess

                                      over $20,000.

          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                          $1,728 plus 6.8% of

                                      excess over $40,000.

          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                          $1,104.50 plus 6.8% of

                                      excess over $26,000.

          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                          $1,405 plus 6.8% of

                                      excess over $33,000.

          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 4. Section 7-2-7 NMSA 1978 (being Section 3 of this act if it becomes law) is repealed and a new Section 7-2-7 NMSA 1978 is enacted to read:

     "7-2-7. [NEW MATERIAL] INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for a taxable year beginning in 2013:

          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.

          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.

          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.

          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.

          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 5. Section 7-2-7 NMSA 1978 (being Section 4 of this act if it becomes law) is repealed and a new Section 7-2-7 NMSA 1978 is enacted to read:

     "7-2-7. [NEW MATERIAL] INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for a taxable year beginning in 2014:

          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 but not over $50,000     $1,716 plus 7.9% of

                                      excess over $32,000

Over $50,000                          $3,138 plus 8.2% of

                                      excess over $50,000.

          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 but not over $100,000    $3,432 plus 7.9% of

                                      excess over $64,000

Over $100,000                         $6,276 plus 8.2% of

                                      excess over $100,000.

          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 but not over $65,000     $2,240.50 plus 7.9% of

                                      excess over $42,000

Over $65,000                          $4,057.50 plus 8.2% of

                                      excess over $65,000.

          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 but not over $83,000     $2,825 plus 7.9% of                                        excess over $53,000

Over $83,000                          $5,195 plus 8.2% of

                                      excess over $83,000.

          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."

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