SENATE FLOOR SUBSTITUTE FOR
SENATE BILL 24
48th legislature - STATE OF NEW MEXICO - second special session, 2008
AN ACT
PROVIDING A REFUNDABLE PERSONAL INCOME TAX CREDIT FOR TAXPAYERS FILING RETURNS FOR THE 2007 TAXABLE YEAR; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
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] REFUNDABLE CREDIT--2007 TAXABLE YEAR.--
A. Except as otherwise provided in Subsection B of this section, a taxpayer who for the 2007 taxable year files a New Mexico income tax return, is a full-year or first-year resident of New Mexico and is not a trust, estate or a dependent of another taxpayer is allowed a credit in the amount determined under Subsection C of this section. The credit may be allowed even though the taxpayer has no income taxable under the Income Tax Act for the 2007 taxable year.
B. A claim for the refundable tax credit provided in this section is not allowed for a resident who was an inmate of a public institution for more than six months during the 2007 taxable year.
C. The tax credit allowed in this section shall be in the amount determined from the following tables for:
(1) married taxpayers filing jointly:
Adjusted Gross Income |
Credit Amount for Taxpayer and Spouse |
Additional Credit Amount for Each Dependent |
|
Over |
Not Over |
||
0 |
$30,000 |
$100 |
$50.00 |
$30,000 |
$50,000 |
$ 80.00 |
$40.00 |
$50,000 |
$70,000 |
$ 50.00 |
$25.00 |
$70,000 |
|
$ 0.00 |
$ 0.00; or |
(2) taxpayers filing as single, head of household, married filing separately or as a surviving spouse:
Adjusted Gross Income |
Credit Amount for Taxpayer |
Additional Credit Amount for Each Dependent |
|
Over |
Not Over |
||
0 |
$30,000 |
$50.00 |
$50.00 |
$30,000 |
$50,000 |
$40.00 |
$40.00 |
$50,000 |
$70,000 |
$25.00 |
$25.00 |
$70,000 |
|
$ 0.00 |
$ 0.00. |
D. The tax credit allowed in this section may be credited by the department against the taxpayer's New Mexico income tax liability. If the taxpayer is liable for interest and penalties on the taxpayer's income tax liability for the 2007 taxable year prior to the effective date of this section, the amount of interest and penalties shall not be recomputed due to the credit provided by this section but may be satisfied by applying the credit to the penalty or interest due. Notwithstanding the provisions of Section 7-1-68 NMSA 1978, interest in the amount established by Subsection B of Section 7-1-68 NMSA 1978 shall only be allowed and paid on the amount to be refunded under Subsection E of this section if not refunded or credited within one hundred twenty days after the effective date of this section or the applicable period established in Subsection D of Section 7-1-68 NMSA 1978, whichever is later.
E. If the tax credit exceeds the taxpayer's income tax liability, the excess shall be refunded to the taxpayer.
F. For purposes of this section, "dependent" means "dependent" as defined by Section 152 of the Internal Revenue Code."
Section 2. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the taxation and revenue department for expenditure in fiscal year 2009 to administer the tax credits adopted in the second special session of the forty-eighth legislature. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
Section 3. APPLICABILITY.--The provisions of this act apply to taxable years beginning between January 1, 2007 and December 31, 2007.
Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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