Partnertax.ai
Start free trial →

NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-8A-24

Interest and penalties

Official textnmonesource.comlast amended

# (a)

A holder who fails to report, pay or deliver property within the time prescribed by the Uniform Unclaimed Property Act (1995) shall pay to the administrator interest at the annual rate set forth in Section 7-1-67 NMSA 1978 on the property or value thereof from the date the property should have been reported, paid or delivered.

# (b)

Except as otherwise provided in Subsection (c) of this section, a holder who fails to report, pay or deliver property within the time prescribed by the Uniform Unclaimed Property Act (1995), or fails to perform other duties imposed by that act, shall pay to the administrator, in addition to interest as provided in Subsection (a) of this section, a civil penalty of one hundred dollars ($100) for each day the report, payment or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000).

# (c)

A holder who willfully fails to report, pay or deliver property within the time prescribed by the Uniform Unclaimed Property Act (1995), or willfully fails to perform other duties imposed by that act, shall pay to the administrator, in addition to interest as provided in Subsection (a) of this section, a civil penalty of two hundred fifty dollars ($250) for each day the report, payment or delivery is withheld, or the duty is not performed, up to a maximum of seven thousand five hundred dollars ($7,500), plus twenty-five percent of the value of any property that should have been but was not reported.

# (d)

A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in Subsection (a) of this section, a civil penalty of five hundred dollars ($500) for each day from the date a report under the Uniform Unclaimed Property Act (1995) was due, up to a maximum of twelve thousand five hundred dollars ($12,500), plus twenty-five percent of the value of any property that should have been but was not reported.

# (e)

The administrator for good cause may waive, in whole or in part, penalties under Subsections (b) and (c) of this section, and shall waive penalties if the holder acted in good faith and without negligence.

Amendment history

Laws 1997, ch. 25, § 24.

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

Report a problem

What's wrong?

Sent anonymously with this page's citation. No personal information is collected.
In this article (32 sections)
  1. 7-8A-1 · Definitions
  2. 7-8A-2 · Presumptions of abandonment
  3. 7-8A-3 · 7-8A-3
  4. 7-8A-4 · Rules for taking custody
  5. 7-8A-5 · Dormancy charge
  6. 7-8A-6 · 7-8A-6
  7. 7-8A-7 · Report of abandoned property
  8. 7-8A-8 · Payment or delivery of abandoned property
  9. 7-8A-9 · Notice and publication of lists of abandoned property
  10. 7-8A-10 · Custody by state; recovery by holder; defense of holder
  11. 7-8A-10.1 · Exercise of due diligence; liability; notice
  12. 7-8A-11 · 7-8A-11
  13. 7-8A-12 · Public sale of abandoned property
  14. 7-8A-13 · Deposit of funds
  15. 7-8A-14 · Claim of another state to recover property
  16. 7-8A-15 · 7-8A-15
  17. 7-8A-16 · Appeal; action to establish claim
  18. 7-8A-17 · Election to take payment or delivery
  19. 7-8A-18 · 7-8A-18
  20. 7-8A-19 · Periods of limitation
  21. 7-8A-20 · Requests for reports and examination of records
  22. 7-8A-21 · Retention of records
  23. 7-8A-22 · Enforcement
  24. 7-8A-23 · 7-8A-23
  25. 7-8A-24 · Interest and penalties
  26. 7-8A-25 · Agreement to locate property
  27. 7-8A-26 · Foreign transactions
  28. 7-8A-27 · Transitional provisions
  29. 7-8A-28 · Rules
  30. 7-8A-29 · Uniformity of application and construction
  31. 7-8A-30 · Short title
  32. 7-8A-31 · Severability clause
Full table of contents →