NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-1-16

Delinquent taxpayer

Official textnmonesource.comlast amended 2026

# A.

Except as provided in Subsections D and E of this section, any taxpayer to whom taxes have been assessed as provided in Section 7-1-17 NMSA 1978 or upon whom demand for payment has been made as provided in Section 7-1-63 NMSA 1978 who does not within ninety days after the date of assessment or demand for payment make payment of the undisputed amount, protest the assessment or demand for payment as provided by Section 7-1-24 NMSA 1978 or furnish security for payment as provided by Section 7-1-54 NMSA 1978 becomes a delinquent taxpayer and remains such until:

# (1)

payment of the total amount of all such taxes is made;

# (2)

security is furnished for payment; or

# (3)

no part of the assessment remains unabated.

# B.

Any taxpayer who fails to provide security as required by Subsection D of Section 7-1-54 NMSA 1978 shall be deemed to be a delinquent taxpayer.

# C.

If a taxpayer files a protest as provided in Section 7-1-24 NMSA 1978, the taxpayer nevertheless becomes a delinquent taxpayer upon failure of the taxpayer to appear, in person or by authorized representative, at the hearing set or upon failure to perfect an appeal from any decision or part thereof adverse to the taxpayer to the next higher appellate level, as provided in that section, unless the taxpayer makes payment of the total amount of all taxes assessed and remaining unabated or furnishes security for payment.

# D.

A taxpayer does not become a delinquent taxpayer if the taxpayer has been issued an assessment as a result of a managed audit but is still within the allowed time period to pay the tax due as specified in Paragraph (4) of Subsection A of Section 7-1-67 NMSA 1978.

# E.

For the purposes of license or permit renewal, a taxpayer shall not be considered a delinquent taxpayer if the taxpayer has entered into an installment agreement pursuant to Section 7-1-21 NMSA 1978 that is in good standing with the department and the taxpayer has not failed to meet the conditions of the installment agreement with the department during the five calendar years immediately preceding the current calendar year. If an installment agreement is relied on for purposes of license or permit renewal, it shall be secured with a payment of a minimum of twenty percent of the taxpayer's delinquent tax amount for the tax programs required for renewal.

Amendment history

1953 Comp., § 72-13-31, enacted by Laws 1965, ch. 248, § 19; 1979, ch. 144, § 15; 1985, ch. 65, § 14; 1989, ch. 325, § 5; 1993, ch. 5, § 6; 1999, ch. 84, § 1; 2007, ch. 262, § 3; 2013, ch. 27, § 2; 2019, ch. 157, § 1; 2026, ch. 31, § 4.

Source: official source (NMSA chapter on nmonesource.com)

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