SENATE BILL 126

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bill B. O'Neill and Antonio "Moe" Maestas

AN ACT

RELATING TO TAXATION; PROVIDING AN UPPER TAX BRACKET FOR CERTAIN TAXPAYERS WITH PERSONAL INCOME TAX LIABILITIES.

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

     SECTION 1. Section 7-2-7 NMSA 1978 (being Laws 2005, Chapter 104, Section 4) is amended to read:

     "7-2-7. INDIVIDUAL INCOME TAX RATES.--The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for any taxable year beginning on or after January 1, 2008:

          A. For married individuals filing separate returns:

     If the taxable income is:       The tax shall be:

Not over $4,000                       1.7% of taxable income

Over $4,000 but not over $8,000       $68.00 plus 3.2% of excess over $4,000

Over $8,000 but not over $12,000      $196 plus 4.7% of    excess over $8,000

Over $12,000 but not over $187,500    $384 plus 4.9% of                                          excess over $12,000

Over $187,500                         $8,983.50 plus 8.2% of                                      excess over $187,500.

          B. For heads of household, surviving spouses and married individuals filing joint returns:

     If the taxable income is:       The tax shall be:

Not over $8,000                       1.7% of taxable income

Over $8,000 but not over $16,000      $136 plus 3.2% of                                          excess over $8,000

Over $16,000 but not over $24,000     $392 plus 4.7% of                                          excess over $16,000

Over $24,000 but not over $375,000    $768 plus 4.9% of

                                      excess over $24,000

Over $375,000                         $17,967 plus 8.2% of                                       excess over $375,000.

          C. For single individuals and for estates and trusts:

     If the taxable income is:       The tax shall be:

Not over $5,500                       1.7% of taxable income

Over $5,500 but not over $11,000      $93.50 plus 3.2% of       excess over $5,500

Over $11,000 but not over $16,000     $269.50 plus 4.7% of excess over $ 11,000

Over $16,000 but not over $250,000    $504.50 plus 4.9% of                                       excess over $16,000

Over $250,000                         $11,970.50 plus 8.2% of                                      excess over $250,000.

          D. The tax on the sum of any lump-sum amounts included in net income is an amount equal to five multiplied by the difference between:

                (1) the amount of tax due on the taxpayer's taxable income; and

                (2) the amount of tax that would be due on an amount equal to the taxpayer's taxable income and twenty percent of the taxpayer's lump-sum amounts included in net income."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to taxable years beginning on or after January 1, 2014.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2014.

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