us-nm/stat
NMSA 1978, § 7-1-28 — Authority for abatements of assessments of tax
A.
The secretary or the secretary's delegate may abate any or part of an
assessment determined by the secretary or the secretary's delegate if:
(1) a written protest is filed against an assessment, submitted in accordance
with the provisions of Section 7-1-24 NMSA 1978, but before any court acquires
jurisdiction of the matter;
(2) a "notice of assessment of taxes" is incorrect or erroneously made; or
(3) a written protest is filed solely against an assessment of penalty and
interest totaling not more than fifty dollars ($50.00).
B.
Pursuant to the final order of the district court, the court of appeals, the supreme
court of New Mexico or any federal court, from which order, appeal or review is not
successfully taken by the department, adjudging that any person is not required to pay
any portion of tax assessed to that person, the secretary or the secretary's delegate
shall cause that amount of the assessment to be abated.
C.
Pursuant to a compromise of taxes agreed to by the secretary and according to
the terms of the closing agreement formalizing the compromise pursuant to Section 7-1-
20 NMSA 1978, the secretary or the secretary's delegate shall cause the abatement of
the appropriate amount of any assessment of tax.
D.
The secretary or the secretary's delegate shall cause the abatement of the
amount of an assessment of tax that is equal to the amount of fee paid to or retained by
an out-of-state attorney or collection agency from a judgment or the amount collected by
the attorney or collection agency pursuant to Section 7-1-58 NMSA 1978.
E.
Records of abatements made in excess of twenty thousand dollars ($20,000)
shall be available for inspection by the public. The department shall keep such records
for a minimum of three years from the date of the abatement.
F.
In response to a timely protest pursuant to Section 7-1-24 NMSA 1978 of an
assessment by the department and notwithstanding any other provision of the Tax
Administration Act, the secretary or the secretary's delegate may abate that portion of
an assessment of tax, including applicable penalties and interest, representing the
amount of tax previously paid by another person on behalf of the taxpayer on the same
transaction; provided that the requirements of equitable recoupment are met. For
purposes of this subsection, the protest pursuant to Section 7-1-24 NMSA 1978 of the
department's assessment may be made by the taxpayer to whom the assessment was
issued or by the other person who claims to have previously paid the tax on behalf of
the taxpayer.
Source: official text