us-nm/stat
NMSA 1978, § 7-1-13.1 — Method of payment of certain taxes due
A.
Payment of the taxes, including any applicable penalties and interest, described
in Paragraph (1), (2), (3) or (4) of this subsection shall be made on or before the date
due in accordance with Subsection B of this section if the taxpayer's average tax
payment for the group of taxes during the preceding calendar year equaled or exceeded
twenty-five thousand dollars ($25,000):
(1) Group 1: all taxes due under the Withholding Tax Act [Chapter 7, Article 3
NMSA 1978], the Gross Receipts and Compensating Tax Act [Chapter 7, Article 9
NMSA 1978], local option gross receipts tax acts, the Interstate Telecommunications
Gross Receipts Tax Act [Chapter 7, Article 9C NMSA 1978] and the Leased Vehicle
Gross Receipts Tax Act [Chapter 7, Article 14A NMSA 1978];
(2) Group 2: all taxes due under the Oil and Gas Severance Tax Act [Chapter
7, Article 29 NMSA 1978], the Oil and Gas Conservation Tax Act [Chapter 7, Article 30
NMSA 1978], the Oil and Gas Emergency School Tax Act [Chapter 7, Article 31 NMSA
1978] and the Oil and Gas Ad Valorem Production Tax Act [Chapter 7, Article 32 NMSA
1978];
(3) Group 3: the tax due under the Natural Gas Processors Tax Act [Chapter
7, Article 33 NMSA 1978]; or
(4) Group 4: all taxes and fees due under the Gasoline Tax Act [Chapter 7,
Article 13 NMSA 1978], the Special Fuels Supplier Tax Act [Chapter 7, Article 16A
NMSA 1978] and the Petroleum Products Loading Fee Act [Chapter 7, Article 13A
NMSA 1978].
B.
Taxpayers who are required to make payment in accordance with the provisions
of this section shall make payment by electronic payment; provided that a result of the
payment is that funds are immediately available to the state of New Mexico on or before
the due date.
C.
If the taxes required to be paid under this section are not paid in accordance with
Subsection B of this section, the payment is not timely and is subject to the provisions of
Sections 7-1-67 and 7-1-69 NMSA 1978.
D.
For the purposes of this section, "average tax payment" means the total amount
of taxes paid with respect to a group of taxes listed under Subsection A of this section
during a calendar year divided by the number of months in that calendar year containing
a due date on which the taxpayer was required to pay one or more taxes in the group.
Source: official text