us-nm/stat
NMSA 1978, § 7-1-29.2 — Credit claims
A.
A taxpayer who submits a complete application for a tax credit is deemed to have
received approval of the application if the application has not been granted or denied
within one hundred twenty days of the date it was filed. Nothing in this section shall be
construed to prevent the department from auditing taxes paid or from assessing taxes
owed, including any tax resulting from tax credits found not to be valid.
B.
A taxpayer who believes that the taxpayer is eligible to receive a tax credit may
apply for approval of the credit by directing to the secretary a complete application on
the form and in the manner prescribed by the department.
C.
An application for a tax credit that has all fields completed, includes all
attachments required by the application instructions and is submitted in accordance with
the application instructions is deemed to be properly before the department for
consideration, regardless of whether the department requests additional documentation
after receipt of the application for credit.
D.
If the department requests additional relevant documentation from a taxpayer
who has submitted an incomplete application for a tax credit, the application shall be
considered complete on the date that the taxpayer mails or delivers sufficient
information for the department to consider the application.
E.
The secretary or the secretary's delegate may approve or deny an application for
a tax credit in whole or in part. An approval or denial by the secretary or the secretary's
delegate shall be in writing. If the application is denied in whole or in part, the taxpayer
shall not refile the denied application, but the taxpayer, within one hundred twenty days
after the mailing or delivery of the denial of all or any part of the application, may elect to
pursue only one of the remedies provided in this subsection. A taxpayer who timely
pursues more than one remedy is deemed to have elected the first remedy requested.
The taxpayer may:
(1) direct to the secretary, pursuant to the provisions of Section 7-1-24 NMSA
1978, a written protest that sets forth:
(a) the circumstances of the denied application for a tax credit;
(b) an allegation that, because of the denial, the state is indebted to the
taxpayer for a specified amount, including any allowed interest;
(c) a demand for the approval of the application for the tax credit of the
specified amount; and
(d) a recitation of the facts supporting the application for the tax credit; or
(2) commence a civil action in the district court for Santa Fe county by filing a
complaint setting forth the circumstance of the denied application for the tax credit;
alleging that on account of the denial, the state is indebted to the taxpayer for a
specified amount, together with any interest allowable; demanding approval of the
application for the tax credit of that amount; and reciting the facts of the application for
the tax credit. The taxpayer or the secretary may appeal from any final decision or
order of the district court to the court of appeals.
Source: official text