HOUSE BILL 877

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 but not over $20,000    $384 plus 4.9% of    excess over $12,000

Over $20,000                          $776 plus 5.3% of excess

                                      over $20,000.

          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 but not over $40,000    $768 plus 4.9% of    excess over $24,000

Over $40,000                          $1,552 plus 5.3% 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 4.9% of excess over $16,000

Over $26,000                          $994.50 plus 5.3% of

                                      excess over $26,000.

          D. 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 but not over $20,000 $384 plus 4.9% of excess

                                      over $12,000

Over $20,000 but not over $32,000     $776 plus 5.3% of excess

                                      over $20,000

Over $32,000                          $1,412 plus 6.0% of                                        excess over $32,000.

          B. For heads of households, 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 4.9% of                                          excess over $24,000

Over $40,000 but not over $64,000     $1,552 plus 5.3% of

                                      excess over $40,000

Over $64,000                          $2,824 plus 6.0% 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 4.9% of                                       excess over $16,000.

Over $26,000 but not over $42,000     $994.50 plus 5.3% of                                       excess over $26,000

Over $42,000                          $1,842.50 plus 6.0% of

                                      excess over $42,000.

          D. 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 4.9% of                                          excess over $12,000

Over $20,000 but not over $32,000     $776 plus 5.3% of                                          excess over $20,000

Over $32,000 but not over $50,000     $1,412 plus 6.0% of                                        excess over $32,000

Over $50,000                          $2,492 plus 6.8% of                                        excess over $50,000.

          B. For heads of households, 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 4.9% of                                          excess over $24,000

Over $40,000 but not over $64,000     $1,552 plus 5.3% of                                        excess over $40,000

Over $64,000 but not over $100,000    $2,824 plus 6.0% of                                        excess over $64,000

Over $100,000                         $4,984 plus 6.8% 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 4.9% of

                                      excess over $16,000

Over $26,000 but not over $42,000     $994.50 plus 5.3% of

                                      excess over $26,000

Over $42,000 but not over $65,000     $1,842.50 plus 6.0% of                                       excess over $42,000

Over $65,000                          $3,222.50 plus 6.8% of                                       excess over $65,000.

          D. 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. EFFECTIVE DATES.--The effective date of:

          A. Section 1 of this 2009 act is January 1, 2010;

          B. Section 2 of this 2009 act is January 1, 2011; and

          C. Section 3 of this 2009 act is January 1, 2012.

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