HOUSE BILL 27

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Jose A. Campos

AN ACT

RELATING TO TAXATION; ALLOWING FOR AN INCOME TAX DEDUCTION FOR SURVIVOR BENEFITS FROM A PEACE OFFICER, A FIREFIGHTER OR A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES KILLED IN THE LINE OF DUTY.

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] DEDUCTION--SURVIVOR BENEFITS.--

          A. A taxpayer may claim a deduction from net income in an amount equal to the survivor benefits that are not retirement benefits and are includable in base income that are paid to the taxpayer or the taxpayer's dependent as the spouse or dependent of a peace officer, a firefighter or a member of the armed services of the United States who was killed in the line of duty. 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 deduction provided by this section that would have been allowed on the joint return.

          B. For the purposes of this section:

                (1) "peace officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a conservation officer of the department of game and fish as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state; and

                (2) "firefighter" means any member of a fire department that is part of or administered by the state or any political subdivision of the state."

     Section 2. APPLICABILITY.--The provisions of this act apply to tax years beginning on or after January 1, 2004.

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