us-nm/stat
NMSA 1978, § 7-3-11 — Acts to be performed by agents; liability of third parties
A.
When a fiduciary, agent or other person has the control, receipt, custody or
disposal of or pays the wages of an employee or group of employees employed by one
or more employers and the fiduciary, agent or other person has been designated by the
United States secretary of the treasury to perform such acts as are required of
employers for federal withholding purposes under the Internal Revenue Code, the
fiduciary, agent or other person shall perform the acts required of employers by the
provisions of the Withholding Tax Act. All provisions of Chapter 7 NMSA 1978
applicable in respect to an employer shall be applicable to a fiduciary, agent or other
person so designated, but the employer, unless provided otherwise by law, for whom
the fiduciary, agent or other person acts shall remain subject to the provisions of
Chapter 7 NMSA 1978 applicable in respect to employers.
B.
For purposes of the Withholding Tax Act, if a lender, surety or other person who
is not an employer under the Withholding Tax Act with respect to an employee or group
of employees, pays wages directly to the employee or group of employees employed by
one or more employers or to an agent on behalf of the employee or employees, the
lender, surety or other person shall be liable in its own person and estate to the state of
New Mexico in a sum equal to the taxes required to be deducted and withheld from
those wages by the employer. Any amount paid pursuant to this subsection shall be
credited against the liability of the employer.
Source: official text