45th legislature - STATE OF NEW MEXICO - SECOND session, 2002

RELATING TO TAXATION; ENACTING AN INCOME TAX CREDIT FOR COMPLETION OF PREMARITAL EDUCATION OR MARRIAGE MAINTENANCE PROGRAMS.

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

Section 1. A new section of the Income Tax Act is enacted to read:

"[NEW MATERIAL] CREDIT--PREMARITAL EDUCATION OR MARRIAGE MAINTENANCE PROGRAMS.--

A. A resident who files an individual New Mexico income tax return and who is not a dependent of another individual may claim a credit in the amount of up to one hundred dollars ($100) for amounts paid for a premarital education or marriage maintenance program in the taxable year for which the credit is claimed.

B. The credit provided in this section may only be deducted from the taxpayer's New Mexico income tax liability for the taxable year.

C. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the credit provided under this section that would have been allowed on a joint return.

D. The credit provided in this section may be claimed only for a premarital education or marriage maintenance program:

(1) that provides a minimum of six hours of education or counseling in no less than three separate sessions;

(2) is conducted by an official representative of a religious institution or his designee or a person who is licensed or certified pursuant to state law as a marriage and family therapist, a psychiatrist, a psychologist, a professional clinical mental health counselor, an independent social worker or a certified family life educator; and

(3) for which the taxpayer has received written certification verifying completion in a form determined by the department."

Section 2. APPLICABILITY.--The provisions of this act apply to taxable years beginning on or after January 1, 2002.