0001| SENATE BILL 988
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CARLOS R. CISNEROS
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| AMENDING SECTION 7-2-2 NMSA 1978 (BEING LAWS 1986, CHAPTER 20,
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0012| SECTION 26, AS AMENDED) TO EXCLUDE SOCIAL SECURITY BENEFITS
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0013| FROM NET INCOME OF A TAXPAYER FOR STATE INCOME TAX PURPOSES.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 7-2-2 NMSA 1978 (being Laws 1986,
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0017| Chapter 20, Section 26, as amended) is amended to read:
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0018| "7-2-2. DEFINITIONS.--For the purpose of the Income Tax
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0019| Act and unless the context requires otherwise:
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0020| A. "adjusted gross income" means adjusted gross
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0021| income as defined in Section 62 of the Internal Revenue Code,
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0022| as that section may be amended or renumbered;
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0023| B. "base income":
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0024| (1) means, for estates and trusts, that part
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0025| of the estate's or trust's income defined as taxable income and
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0001| upon which the federal income tax is calculated in the Internal
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0002| Revenue Code for income tax purposes plus, for taxable years
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0003| beginning on or after January 1, 1991, the amount of the net
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0004| operating loss deduction allowed by Section 172(a) of the
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0005| Internal Revenue Code, as that section may be amended or
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0006| renumbered, and taken by the taxpayer for that year;
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0007| (2) means, for taxpayers other than estates or
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0008| trusts, that part of the taxpayer's income defined as adjusted
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0009| gross income plus, for taxable years beginning on or after
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0010| January 1, 1991, the amount of the net operating loss deduction
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0011| allowed by Section 172(a) of the Internal Revenue Code, as that
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0012| section may be amended or renumbered, and taken by the taxpayer
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0013| for that year; and
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0014| (3) includes, for all taxpayers, any other
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0015| income of the taxpayer not included in adjusted gross income
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0016| but upon which a federal tax is calculated pursuant to the
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0017| Internal Revenue Code for income tax purposes, except amounts
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0018| for which a calculation of tax is made pursuant to Section 55
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0019| of the Internal Revenue Code, as that section may be amended or
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0020| renumbered; "base income" also includes interest received on a
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0021| state or local bond;
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0022| C. "compensation" means wages, salaries,
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0023| commissions and any other form of remuneration paid to
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0024| employees for personal services;
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0025| D. "department" means the taxation and revenue
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0001| department, the secretary of taxation and revenue or any
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0002| employee of the department exercising authority lawfully
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0003| delegated to that employee by the secretary;
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0004| E. "fiduciary" means a guardian, trustee, executor,
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0005| administrator, committee, conservator, receiver, individual or
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0006| corporation acting in any fiduciary capacity;
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0007| F. "filing status" means "married filing joint
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0008| returns", "married filing separate returns", "head of
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0009| household", "surviving spouse" and "single", as those terms are
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0010| generally defined for federal tax purposes;
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0011| G. "fiscal year" means any accounting period of
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0012| twelve months ending on the last day of any month other than
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0013| December;
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0014| H. "head of household" means "head of household" as
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0015| generally defined for federal income tax purposes;
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0016| I. "individual" means a natural person, an estate,
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0017| a trust or a fiduciary acting for a natural person, trust or
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0018| estate;
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0019| J. "Internal Revenue Code" means the United States
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0020| Internal Revenue Code of 1986, as amended;
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0021| K. "lump-sum amount" means an amount that, for the
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0022| purpose of determining liability for federal income tax, was
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0023| not included in adjusted gross income but upon which the five-
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0024| year-averaging or the ten-year-averaging method of tax
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0025| computation provided in Section 402 of the Internal Revenue
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0001| Code, as that section may be amended or renumbered, was
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0002| applied;
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0003| L. "modified gross income" means all income of the
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0004| taxpayer and, if any, the taxpayer's spouse and dependents,
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0005| undiminished by losses and from whatever source derived,
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0006| including:
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0007| (1) compensation;
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0008| (2) net profit derived from business;
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0009| (3) gains derived from dealings in property;
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0010| (4) interest;
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0011| (5) net rents;
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0012| (6) royalties;
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0013| (7) dividends;
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0014| (8) alimony and separate maintenance payments;
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0015| (9) annuities;
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0016| (10) income from life insurance and endowment
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0017| contracts;
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0018| (11) pensions;
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0019| (12) discharge of indebtedness;
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0020| (13) distributive share of partnership income;
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0021| (14) income in respect of a decedent;
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0022| (15) income from an interest in an estate or
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0023| trust;
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0024| (16) social security benefits;
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0025| (17) unemployment compensation benefits;
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0001| (18) workers' compensation benefits;
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0002| (19) public assistance and welfare benefits;
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0003| (20) cost-of-living allowances; and
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0004| (21) gifts;
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0005| M. "modified gross income" does not include:
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0006| (1) payments for hospital, dental, medical or
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0007| drug expenses whether made to or on behalf of the taxpayer;
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0008| (2) the value of room and board provided by
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0009| federal, state or local governments or by private individuals
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0010| or agencies based upon financial need and not as a form of
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0011| compensation;
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0012| (3) payments made pursuant to a federal, state
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0013| or local government program directly or indirectly to a third
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0014| party on behalf of the taxpayer when identified to a particular
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0015| use or invoice by the payer; or
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0016| (4) payments made pursuant to Sections
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0017| 7-2-14, [7-2-14.1] 7-2-18, 7-2-18.1 and 7-3-9 NMSA 1978;
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0018| N. "net income" means, for estates and trusts, base
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0019| income adjusted to exclude amounts that the state is prohibited
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0020| from taxing because of the laws or constitution of this state
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0021| or the United States and means, for taxpayers other than
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0022| estates or trusts, base income adjusted to exclude:
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0023| (1) an amount equal to the standard deduction
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0024| allowed the taxpayer for the taxpayer's taxable year by Section
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0025| 63 of the Internal Revenue Code, as that section may be amended
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0001| or renumbered;
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0002| (2) an amount equal to the itemized
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0003| deductions, as defined in Section 63 of the Internal Revenue
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0004| Code, as that section may be amended or renumbered, allowed the
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0005| taxpayer for the taxpayer's taxable year less the amount
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0006| excluded pursuant to Paragraph (1) of this subsection;
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0007| (3) an amount equal to the product of the
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0008| exemption amount allowed for the taxpayer's taxable year by
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0009| Section 151 of the Internal Revenue Code, as that section may
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0010| be amended or renumbered, multiplied by the number of personal
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0011| exemptions allowed for federal income tax purposes;
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0012| (4) income from obligations of the United
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0013| States of America less expenses incurred to earn that income;
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0014| (5) the amount of social security benefits
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0015| included in the taxpayer's base income;
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0016| [(5)] (6) other amounts that the state is
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0017| prohibited from taxing because of the laws or constitution of
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0018| this state or the United States;
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0019| [(6)] (7) for taxable years that began
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0020| prior to January 1, 1991, an amount equal to the sum of:
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0021| (a) net operating loss carryback
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0022| deductions to that year from taxable years beginning prior to
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0023| January 1, 1991 claimed and allowed, as provided by the
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0024| Internal Revenue Code; and
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0025| (b) net operating loss carryover
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0001| deductions to that year claimed and allowed; and
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0002| [(7)] (8) for taxable years beginning on
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0003| or after January 1, 1991, an amount equal to the sum of any net
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0004| operating loss carryover deductions to that year claimed and
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0005| allowed, provided that the amount of any net operating loss
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0006| carryover from a taxable year beginning on or after January 1,
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0007| 1991 may be excluded only as follows:
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0008| (a) in the case of a timely filed
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0009| return, in the taxable year immediately following the taxable
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0010| year for which the return is filed; or
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0011| (b) in the case of amended returns or
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0012| original returns not timely filed, in the first taxable year
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0013| beginning after the date on which the return or amended return
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0014| establishing the net operating loss is filed; and
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0015| (c) in either case, if the net operating
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0016| loss carryover exceeds the amount of net income exclusive of
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0017| the net operating loss carryover for the taxable year to which
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0018| the exclusion first applies, in the next four succeeding
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0019| taxable years in turn until the net operating loss carryover is
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0020| exhausted; in no event shall a net operating loss carryover be
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0021| excluded in any taxable year after the fourth taxable year
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0022| beginning after the taxable year to which the exclusion first
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0023| applies;
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0024| O. "net operating loss" means any net operating
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0025| loss, as defined by Section 172(c) of the Internal Revenue
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0001| Code, as that section may be amended or renumbered, for a
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0002| taxable year as further increased by the income, if any, from
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0003| obligations of the United States for that year less related
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0004| expenses;
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0005| P. "net operating loss carryover" means the amount,
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0006| or any portion of the amount, of a net operating loss for any
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0007| taxable year that, pursuant to Paragraph (6) or (7) of
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0008| Subsection N of this section, may be excluded from base income;
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0009| Q. "nonresident" means every individual not a
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0010| resident of this state;
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0011| R. "person" means any individual, estate, trust,
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0012| receiver, cooperative association, club, corporation, company,
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0013| firm, partnership, limited liability company, joint venture,
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0014| syndicate or other association; "person" also means, to the
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0015| extent permitted by law, any federal, state or other
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0016| governmental unit or subdivision or agency, department or
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0017| instrumentality thereof;
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0018| S. "resident" means an individual who is domiciled
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0019| in this state during any part of the taxable year; but any
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0020| individual who, on or before the last day of the taxable year,
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0021| changed his place of abode to a place without this state with
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0022| the bona fide intention of continuing actually to abide
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0023| permanently without this state is not a resident for the
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0024| purposes of the Income Tax Act;
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0025| T. "secretary" means the secretary of taxation and
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0001| revenue or the secretary's delegate;
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0002| U. "state" means any state of the United States,
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0003| the District of Columbia, the commonwealth of Puerto Rico, any
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0004| territory or possession of the United States or any political
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0005| subdivision of a foreign country;
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0006| V. "state or local bond" means a bond issued by a
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0007| state other than New Mexico or by a local government other than
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0008| one of New Mexico's political subdivisions, the interest from
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0009| which is excluded from income for federal income tax purposes
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0010| under Section 103 of the Internal Revenue Code, as that section
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0011| may be amended or renumbered;
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0012| W. "surviving spouse" means "surviving spouse" as
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0013| generally defined for federal income tax purposes;
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0014| X. "taxable income" means net income less any lump-
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0015| sum amount;
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0016| Y. "taxable year" means the calendar year or fiscal
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0017| year upon the basis of which the net income is computed under
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0018| the Income Tax Act and includes, in the case of the return made
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0019| for a fractional part of a year under the provisions of the
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0020| Income Tax Act, the period for which the return is made; and
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0021| Z. "taxpayer" means any individual subject to the
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0022| tax imposed by the Income Tax Act."
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0023| Section 2. APPLICABILITY.--The provisions of this act
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0024| shall apply to taxable years beginning on and after January 1,
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0025| 1997.
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0001|
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0002|
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0003|
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0004| FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| March 7, 1997
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0009|
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0010| Mr. President:
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0011|
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0012| Your WAYS AND MEANS COMMITTEE, to whom has been
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0013| referred
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0014|
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0015| SENATE BILL 988
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001| __________________________________
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0002| Carlos R. Cisneros, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not
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0007| Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011| Date ________________________
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0012|
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0013|
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0014| The roll call vote was 8 For 0 Against
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0015| Yes: 8
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0016| No: 0
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0017| Excused: Jennings
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0018| Absent: None
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0019|
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0020|
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0021| S0988WM1
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0022|
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