NMSA 1978, § 7-1-3 — Definitions

Unless the context clearly indicates a different meaning, the definitions of words and
phrases as they are stated in this section are to be used, and whenever in the Tax
Administration Act these words and phrases appear, the singular includes the plural and
the plural includes the singular:

# A.

"automated clearinghouse transaction" means an electronic credit or debit
transmitted through an automated clearinghouse payable to the state treasurer and
deposited with the fiscal agent of New Mexico;

# B.

"business location" means the location where a taxpayer's gross receipts and
deductions are required to be reported pursuant to Section 7-1-14 NMSA 1978;

# C.

"department" means the taxation and revenue department, the secretary or any
employee of the department exercising authority lawfully delegated to that employee by
the secretary;

# D.

"electronic payment" means a payment made by automated clearinghouse
deposit, any funds wire transfer system or a credit card, debit card or electronic cash
transaction through the internet;

# E.

"employee of the department" means any employee of the department, including
the secretary, or any person acting as agent or authorized to represent or perform
services for the department in any capacity with respect to any law made subject to
administration and enforcement under the provisions of the Tax Administration Act;

# F.

"financial institution" means any state or federally chartered, federally insured
depository institution;

# G.

"hearing officer" means a person who has been designated by the chief hearing
officer to serve as a hearing officer and who is:
(1) the chief hearing officer;
(2) an employee of the administrative hearings office; or
(3) a contractor of the administrative hearings office;

# H.

"Internal Revenue Code" means the Internal Revenue Code of 1986, as that
code may be amended or its sections renumbered;

# I.

"levy" means the lawful power, hereby invested in the secretary, to take into
possession or to require the present or future surrender to the secretary or the
secretary's delegate of any property or rights to property belonging to a delinquent
taxpayer;

# J.

"local option gross receipts tax" means a tax authorized to be imposed by a
county or municipality upon a taxpayer's gross receipts, as that term is defined in the
Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA 1978], and
required to be collected by the department at the same time and in the same manner as
the gross receipts tax;

# K.

"managed audit" means a review and analysis conducted by a taxpayer under an
agreement with the department to determine the taxpayer's compliance with a tax
administered pursuant to the Tax Administration Act and the presentation of the results
to the department for assessment of tax found to be due;

# L.

"net receipts" means the total amount of money paid by taxpayers to the
department in a month pursuant to a tax or tax act less any refunds disbursed in that
month with respect to that tax or tax act;

# M.

"overpayment" means an amount paid, pursuant to any law subject to
administration and enforcement under the provisions of the Tax Administration Act, by a
person to the department or withheld from the person in excess of tax due from the
person to the state at the time of the payment or at the time the amount withheld is
credited against tax due;

# N.

"paid" includes the term "paid over";

# O.

"pay" includes the term "pay over";

# P.

"payment" includes the term "payment over";

# Q.

"person" means any individual, estate, trust, receiver, cooperative association,
club, corporation, company, firm, partnership, limited liability company, limited liability
partnership, joint venture, syndicate, other association or gas, water or electric utility
owned or operated by a county or municipality; "person" also means, to the extent
permitted by law, a federal, state or other governmental unit or subdivision, or an
agency, department or instrumentality thereof; and "person", as used in Sections 7-1-72
through 7-1-74 NMSA 1978, also includes an officer or employee of a corporation, a
member or employee of a partnership or any individual who, as such, is under a duty to
perform any act in respect of which a violation occurs;

# R.

"property" means property or rights to property;

# S.

"property or rights to property" means any tangible property, real or personal, or
any intangible property of a taxpayer;

# T.

"return" means any tax or information return, application or form, declaration of
estimated tax or claim for refund, including any amendments or supplements to the
return, required or permitted pursuant to a law subject to administration and
enforcement pursuant to the Tax Administration Act and filed with the secretary or the
secretary's delegate by or on behalf of any person;

# U.

"return information" means a taxpayer's name, address, government-issued
identification number and other identifying information; any information contained in or
derived from a taxpayer's return; any information with respect to any actual or possible
administrative or legal action by an employee of the department concerning a taxpayer's
return, such as audits, managed audits, denial of credits or refunds, assessments of tax,
penalty or interest, protests of assessments or denial of refunds or credits, levies or
liens; or any other information with respect to a taxpayer's return or tax liability that was
not obtained from public sources or that was created by an employee of the department;
but "return information" does not include statistical data or other information that cannot
be associated with or directly or indirectly identify a particular taxpayer;

# V.

"secretary" means the secretary of taxation and revenue and, except for
purposes of Subsection B of Section 7-1-4 NMSA 1978, also includes the deputy
secretary or a division director or deputy division director delegated by the secretary;

# W.

"secretary or the secretary's delegate" means the secretary or any employee of
the department exercising authority lawfully delegated to that employee by the
secretary;

# X.

"security" means money, property or rights to property or a surety bond;

# Y.

"state" means any state of the United States, the District of Columbia, the
commonwealth of Puerto Rico and any territory or possession of the United States;

# Z.

"tax" means the total amount of each tax imposed and required to be paid,
withheld and paid or collected and paid under provision of any law made subject to
administration and enforcement according to the provisions of the Tax Administration
Act, including the amount of any interest or civil penalty relating thereto; "tax" also
means any amount of any abatement of tax made or any credit, rebate or refund paid or
credited by the department under any law subject to administration and enforcement
under the provisions of the Tax Administration Act to any person contrary to law,
including the amount of any interest or civil penalty relating thereto;
AA. "tax return preparer" means a person who prepares for others for
compensation or who employs one or more persons to prepare for others for
compensation any return of income tax, a substantial portion of any return of income
tax, any claim for refund with respect to income tax or a substantial portion of any claim
for refund with respect to income tax; provided that a person shall not be a "tax return
preparer" merely because such person:
(1) furnishes typing, reproducing or other mechanical assistance;
(2) is an employee who prepares an income tax return or claim for refund with
respect to an income tax return of the employer, or of an officer or employee of the
employer, by whom the person is regularly and continuously employed; or
(3) prepares as a trustee or other fiduciary an income tax return or claim for
refund with respect to income tax for any person; and
BB. "taxpayer" means a person liable for payment of any tax; a person
responsible for withholding and payment or for collection and payment of any tax; a
person to whom an assessment has been made, if the assessment remains unabated
or the amount thereof has not been paid; or a person who entered into a special
agreement pursuant to Section 7-1-21.1 NMSA 1978 to assume the liability of gross
receipts tax or governmental gross receipts tax of another person and the special
agreement was approved by the secretary pursuant to the Tax Administration Act.