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Section 7-1-55 – Contractor’s bond for gross receipts; tax; penalty.

A. A person engaged in the construction business who does not have a principal place of business in New Mexico and who enters into a prime construction contract to be performed in this state shall, at the time such contract is entered into, furnish the secretary or the secretary’s delegate with a surety bond, or […]

Section 7-1-40 – Foreclosure of lien.

The liens provided for in the Tax Administration Act may be foreclosed or satisfied by seizure and sale of property or rights to property as provided in the Tax Administration Act, except the lien provided for in Section 7-1-47 NMSA 1978. History: 1953 Comp., § 72-13-54, enacted by Laws 1965, ch. 248, § 42; 1979, […]

Section 7-1-56 – Sale of or proceedings against security.

If liability for any tax for the payment of which security has been furnished becomes conclusive, the department may: A. redeem for cash or, as specified in the Tax Administration Act for sale of property levied upon, sell such security; or B. compel the surety directly to discharge the liability for payment of the principal […]

Section 7-1-41 – Notice of seizure.

As soon as practicable after the levy, the secretary or the secretary’s delegate shall notify the owner thereof of the amount and kind of property seized and of the total amount demanded in payment of tax. History: 1953 Comp., § 72-13-55, enacted by Laws 1965, ch. 248, § 43; 1979, ch. 144, § 36; 2001, […]

Section 7-1-42 – Notice of sale.

As soon as practicable after the levy, the secretary or the secretary’s delegate shall decide on a time and place for the sale of the property, shall make a diligent inquiry as to the identity and whereabouts of the owner of the property and persons having an interest therein and shall notify the owner and […]

Section 7-1-29 – Authority to make refunds or credits.

A. In response to a claim for refund, credit or rebate made as provided in Section 7-1-26 NMSA 1978, but before a court acquires jurisdiction of the matter, the secretary or the secretary’s delegate may authorize payment to a person in the amount of the credit or rebate claimed or refund an overpayment of tax […]

Section 7-1-29.1 – Awarding of costs and fees.

A. In an administrative proceeding or court proceeding brought by or against a taxpayer and conducted in connection with the determination, collection or refund of a tax or the interest or penalty for a tax governed by the Tax Administration Act, the taxpayer shall be awarded a judgment or a settlement for reasonable administrative costs […]

Section 7-1-29.2 – Credit claims.

Any taxpayer who requests approval of a statutory tax credit is deemed to have received such approval if the request has not been granted or denied within one hundred eighty days of the date it was filed. Nothing in this section shall be construed to prevent the department from auditing taxes paid or from assessing […]

Section 7-1-30 – Collection of penalties and interest.

Any amount of civil penalty and interest may be collected in the same manner as, and concurrently with, the amount of tax to which it relates, without assessment or separate proceedings of any kind. History: 1953 Comp., § 72-13-44, enacted by Laws 1965, ch. 248, § 32. ANNOTATIONS Cross references. — For interest on deficiencies, […]

Section 7-1-31 – Seizure of property by levy for collection of taxes.

A. The secretary or secretary’s delegate may proceed to collect tax from a delinquent taxpayer by levy upon all property or rights to property of the delinquent taxpayer and convert the property or rights to property to money by appropriate means. B. A levy is made by taking possession of property pursuant to authority contained […]