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NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-1-84

Tax expenditure budget

Official textnmonesource.comlast amended 14 subsections

# A.

No later than November 15 of each year, the secretary shall compile and present a tax expenditure budget to the governor, the revenue stabilization and tax policy committee and the legislative finance committee and post the tax expenditure budget to the department's website.

# B.

A tax expenditure budget shall include the following information for each tax expenditure of a tax administered by the department:

# (1)

the statutory basis;

# (2)

the year of enactment, amendment or repeal, if any;

# (3)

a brief description;

# (4)

the intended purpose, if specified in the law providing for the tax expenditure;

# (5)

an estimate of the amount of foregone revenue by fiscal year for the three fiscal years preceding the current fiscal year, including the general fund, other state funds and local government revenues;

# (6)

the number of taxpayers that claimed a tax expenditure for each fiscal year reported, unless reporting of such data is in a form that can be associated with or otherwise identify, directly or indirectly, a particular taxpayer;

# (7)

the data source used for the estimate;

# (8)

a description of the reliability of the estimate;

# (9)

an evaluation of the tax expenditure, if required in statute for the specific expenditure; and

# (10)

a description of the tax expenditure's effect on tax administration, if any.

# C.

The department may request from an executive agency or a local government agency or official the information necessary to complete a tax expenditure budget required by this section. The agency or official shall comply with a request made pursuant to this section by the department as permitted by law.

# D.

As used in this section, "tax expenditure" means a provision of law administered by the department to reflect state tax policy, as determined by the secretary, including promoting the general welfare of citizens, giving preferential tax treatment to a specific industry or reflecting a specific purpose, including incentivizing consumer behavior, economic development or job creation. A tax expenditure does not include provisions of laws enacted to prevent violation of state or federal law, prevent federal preemption, ensure comity between governments, avoid multiple taxation or define a tax base.

Amendment history

Laws 2023, ch. 85, § 1.

Source: official source (NMSA chapter on nmonesource.com)

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In this article (40 sections)
  1. 7-1-53 · Enjoining delinquent taxpayer from continuing in business
  2. 7-1-54 · Security for payment of tax
  3. 7-1-55 · Contractor's bond for gross receipts; tax; penalty
  4. 7-1-56 · Sale of or proceedings against security
  5. 7-1-57 · Surety bonds
  6. 7-1-58 · Permanence of tax debt; civil actions to collect tax
  7. 7-1-59 · Jeopardy assessments
  8. 7-1-60 · Estoppel against state
  9. 7-1-61 · Duty of successor in business
  10. 7-1-62 · Duty of secretary; release of successor
  11. 7-1-63 · Assessment of tax due; application of payment
  12. 7-1-64 · Repealed
  13. 7-1-65 · Reciprocal enforcement of tax judgments
  14. 7-1-66 · 7-1-66
  15. 7-1-67 · Interest on deficiencies
  16. 7-1-67.1 · Repealed
  17. 7-1-68 · Interest on overpayments
  18. 7-1-69 · Civil penalty for failure to pay tax or file a return
  19. 7-1-69.1 · Civil penalty for failure to file an information return
  20. 7-1-69.2 · Civil penalty for failure to correctly file certain…
  21. 7-1-70 · Civil penalty for bad checks
  22. 7-1-71 · Civil penalty for failure to collect and pay over tax
  23. 7-1-71.1 · Tax return preparers; requirements; penalties
  24. 7-1-71.2 · Repealed
  25. 7-1-71.3 · Willful failure to collect and pay over taxes
  26. 7-1-71.4 · Tax return preparer; electronic filing requirement; penalty
  27. 7-1-72 · Attempts to evade or defeat tax
  28. 7-1-72.1 · 7-1-72.1
  29. 7-1-73 · Tax fraud
  30. 7-1-74 · 7-1-74
  31. 7-1-75 · Assault and battery of a department employee
  32. 7-1-76 · Revealing information concerning taxpayers
  33. 7-1-77 · 7-1-77
  34. 7-1-78 · Burden of proof in fraud cases
  35. 7-1-79 · Enforcement officials
  36. 7-1-80 · Dissolution or withdrawal of corporation
  37. 7-1-81 · Repealed
  38. 7-1-82 · 7-1-82
  39. 7-1-83 · 7-1-83
  40. 7-1-84 · Tax expenditure budget
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