NMSA 1978 Chapter 7 — Taxation
NMSA 1978, § 7-1-59
Jeopardy assessments
# A.
If the secretary at any time reasonably believes that the collection of any tax for which a taxpayer is liable will be jeopardized by delay, the secretary may immediately make a jeopardy assessment of the amount of tax the payment of which to the state the secretary believes to be in jeopardy.
# B.
A jeopardy assessment is effective upon the delivery, in person or by certified mail, to the taxpayer against whom the liability for tax is asserted, of a document entitled "notice of jeopardy assessment of taxes", issued in the name of the secretary, stating the nature and amount of the taxes assertedly owed by the taxpayer to the state, demanding of the taxpayer the immediate payment of that amount of tax and briefly informing the taxpayer of the steps that may be taken against the taxpayer as well as of the remedies available to the taxpayer.
# C.
Notwithstanding any other provision of the Tax Administration Act, if any taxpayer against whom a jeopardy assessment has been made neglects or refuses either to pay the amount of tax demanded of the taxpayer or furnish satisfactory security therefor within five days of the service upon the taxpayer of the notice of jeopardy assessment, the secretary may immediately proceed to collect the tax by levy, as provided in Section 7-1-31 NMSA 1978, on sufficient property of the taxpayer to satisfy the deficiency, protect the interests of the state by, as provided in Section 7-1-53 NMSA 1978, enjoining the taxpayer from doing business in New Mexico or both.
# D.
A taxpayer to whom a jeopardy assessment has been made may cause the procedure of levy or injunction as set forth in Subsection C of this section to be stayed by filing with the department acceptable security in an amount equal to the amount of taxes assessed, as provided in Section 7-1-54 NMSA 1978. A taxpayer to whom a jeopardy assessment has been made may dispute the jeopardy assessment either by furnishing security and otherwise following the procedures set forth in Section 7-1-24 NMSA 1978 or by paying the tax and claiming a refund as provided by Section 7-1-26 NMSA 1978.
Amendment history
1953 Comp., § 72-13-72, enacted by Laws 1965, ch. 248, § 60; 1979, ch. 144, § 53; 1993, ch. 30, § 9.
Source: official source (NMSA chapter on nmonesource.com)
In this article (40 sections)
- 7-1-39 · 7-1-39
- 7-1-40 · Foreclosure of lien
- 7-1-41 · Notice of seizure
- 7-1-42 · Notice of sale
- 7-1-43 · Sale of indivisible property
- 7-1-44 · Requirements of sale
- 7-1-45 · Manner of sale or conversion to money
- 7-1-46 · Minimum prices
- 7-1-47 · Redemption before sale
- 7-1-48 · Documents of title
- 7-1-49 · Legal effect of certificate of sale
- 7-1-50 · Legal effect of deed to real property
- 7-1-51 · Proceeds of levy and sale
- 7-1-52 · Release of levy
- 7-1-53 · Enjoining delinquent taxpayer from continuing in business
- 7-1-54 · Security for payment of tax
- 7-1-55 · Contractor's bond for gross receipts; tax; penalty
- 7-1-56 · Sale of or proceedings against security
- 7-1-57 · Surety bonds
- 7-1-58 · Permanence of tax debt; civil actions to collect tax
- 7-1-59 · Jeopardy assessments
- 7-1-60 · Estoppel against state
- 7-1-61 · Duty of successor in business
- 7-1-62 · Duty of secretary; release of successor
- 7-1-63 · Assessment of tax due; application of payment
- 7-1-64 · Repealed
- 7-1-65 · Reciprocal enforcement of tax judgments
- 7-1-66 · 7-1-66
- 7-1-67 · Interest on deficiencies
- 7-1-67.1 · Repealed
- 7-1-68 · Interest on overpayments
- 7-1-69 · Civil penalty for failure to pay tax or file a return
- 7-1-69.1 · Civil penalty for failure to file an information return
- 7-1-69.2 · Civil penalty for failure to correctly file certain…
- 7-1-70 · Civil penalty for bad checks
- 7-1-71 · Civil penalty for failure to collect and pay over tax
- 7-1-71.1 · Tax return preparers; requirements; penalties
- 7-1-71.2 · Repealed
- 7-1-71.3 · Willful failure to collect and pay over taxes
- 7-1-71.4 · Tax return preparer; electronic filing requirement; penalty