us-nm/stat
NMSA 1978, § 7-2-18.34 — Child income tax credit
A.
For taxable years prior to January 1, 2032, a taxpayer who is a resident and is
not a dependent of another individual may apply for, and the department may allow, a
credit against the taxpayer's tax liability imposed pursuant to the Income Tax Act for
each qualifying child of the taxpayer. The tax credit provided by this section may be
referred to as the "child income tax credit".
B.
Except as provided in Subsection D of this section, the child income tax credit
may be claimed as shown in the following table:
Adjusted gross income is Amount of credit per
Over But not over qualifying child is
$ 0 $ 25,000 $600
25,000 50,000 400
50,000 75,000 200
75,000 100,000 100
100,000 200,000 75
200,000 350,000 50
350,000 25.
C.
If a taxpayer's adjusted gross income is less than zero, the taxpayer may claim a
tax credit in the amount shown in the first row of the table provided in Subsection B of
this section.
D.
For the 2024 taxable year and each subsequent taxable year, the amount of
credit shown in the table in Subsection B of this section shall be adjusted to account for
inflation. The department shall make the adjustment by multiplying each amount of
credit by a fraction, the numerator of which is the consumer price index ending during
the prior taxable year and the denominator of which is the consumer price index ending
in tax year 2022. The result of the multiplication shall be rounded down to the nearest
one dollar ($1.00), except that if the result would be an amount less than the
corresponding amount for the preceding taxable year, then no adjustment shall be
made.
E.
To receive a child income tax credit, a taxpayer shall apply to the department on
forms and in the manner prescribed by the department.
F.
That portion of a child income tax credit that exceeds a taxpayer's tax liability in
the taxable year in which the credit is claimed shall be refunded.
G.
Married individuals filing separate returns for a taxable year for which they could
have filed a joint return may each claim only one-half of the child income tax credit that
would have been claimed on a joint return.
H.
A taxpayer allowed a tax credit pursuant to this section shall report the amount of
the credit to the department in a manner required by the department.
I.
The department shall compile an annual report on the child income tax credit that
shall include the number of taxpayers approved by the department to receive the credit,
the aggregate amount of credits approved and any other information necessary to
evaluate the effectiveness of the credit. The department shall compile and present the
annual report to the revenue stabilization and tax policy committee and the legislative
finance committee with an analysis of the cost of the tax credit.
J.
As used in this section:
(1) "consumer price index" means the consumer price index for all urban
consumers published by the United States department of labor for the month ending
September 30; and
(2) "qualifying child" means "qualifying child" as defined by Section 152(c) of
the Internal Revenue Code, as that section may be amended or renumbered, but
includes any minor child or stepchild of the taxpayer who would be a qualifying child for
federal income tax purposes if the public assistance contributing to the support of the
child or stepchild was considered to have been contributed by the taxpayer.
Source: official text