us-nm/stat
NMSA 1978, § 7-1-54 — Security for payment of tax
A.
Whenever it is necessary to ensure payment of any tax due or reasonably
expected to become due, the department is authorized to require or allow any person
subject to the provisions of the Tax Administration Act to furnish an acceptable surety
bond in an appropriate amount, payable to the state and conditioned upon the payment
to the state of the taxes therein identified on a date no later than that on which his
liability for the payment thereof becomes conclusive, or to furnish other acceptable
security in an appropriate amount and to require any person to furnish additional
security as becomes necessary.
B.
If, after notice of a requirement that he furnish security, any person neglects or
refuses to comply, the department may demand of him by certified mail or in person that
he furnish security in a stated amount. Upon the failure of any person to comply within
ten days of the date of the making of such demand upon him for the furnishing of
security, the secretary may institute a proceeding to enjoin him from doing business as
provided in Section 7-1-53 NMSA 1978.
C.
When a serious and immediate risk exists that an amount of tax due or
reasonably expected to become due will not be paid, the secretary may require any
person liable or prospectively liable for tax to furnish security as otherwise provided in
the Tax Administration Act, and, upon a refusal by the person immediately to comply
with the requirement, the secretary may without further notice of any kind apply to any
district court of the state for an injunction as provided in Section 7-1-53 NMSA 1978.
D.
The secretary may require taxpayers who protest, in accordance with Section 7-
1-24 NMSA 1978, an assessment or the payment of any tax administered by the
department under Subsection B of Section 7-1-2 NMSA 1978 to furnish security
pursuant to this section with respect to amounts in excess of two hundred thousand
dollars ($200,000) whenever the total amount protested, whether by a single protest or
a series of protests by a single taxpayer with respect to one or more tax acts
administered by the department under Subsection B of Section 7-1-2 NMSA 1978,
exceeds two hundred thousand dollars ($200,000). If the taxpayer fails to provide
security as required by this subsection, the department may take all appropriate actions
authorized by the Tax Administration Act to collect the amount assessed, provided that
any proceeds collected shall be held as the security required by this subsection until the
protest is resolved.
Source: official text