HOUSE BILL 144

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Christine Chandler and Derrick J. Lente and

Elizabeth "Liz" Stefanics

 

 

 

 

AN ACT

RELATING TO TAXATION; INCREASING AND INDEXING THE AMOUNT OF THE CHILD INCOME TAX CREDIT FOR CERTAIN TAXPAYERS.

 

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) is amended to read:

     "7-2-18.34. CHILD INCOME TAX CREDIT.--

          A. For taxable years beginning January 1, 2023 and 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 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                        [$175] $600

  25,000         50,000                         [150] 400

  50,000         75,000                         [125] 200

  75,000          100,000                         100

 100,000          200,000                         75

 200,000          350,000                         50

 350,000                                         25.

          C. 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. For the 2024 taxable year and each subsequent taxable year, the amount of rebate 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 rebate 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 2023. 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.

          [D.] E. To receive a child income tax credit, a taxpayer shall apply to the department on forms and in the manner prescribed by the department.

          [E.] F. 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.

          [F.] G. 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.

          [G.] H. 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.

          [H.] I. 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.

          [I.] J. 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."

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