New Mexico Statutes
Article 2 - Income Tax General Provisions
Section 7-2-7 - Individual income tax rates.

The tax imposed by Section 7-2-3 NMSA 1978 shall be at the following rates for any taxable year beginning on or after January 1, 2021:
A. For married individuals filing separate returns:
If the taxable income is:
The tax shall be:
Not over $4,000
1.7% of taxable income
Over $4,000 but not over $8,000
$68.00 plus 3.2% of excess over $4,000
Over $8,000 but not over $12,000
$196 plus 4.7% of excess over $8,000
Over $12,000 but not over $157,500
$384 plus 4.9% of excess over $12,000
Over $157,500
$7,513.50 plus 5.9% of excess over $157,500.
B. For heads of household, surviving spouses and married individuals filing joint returns:
If the taxable income is:
The tax shall be:
Not over $8,000
1.7% of taxable income
Over $8,000 but not over $16,000
$136 plus 3.2% of excess over $8,000
Over $16,000 but not over $24,000
$392 plus 4.7% of excess over $16,000
Over $24,000 but not over $315,000
$768 plus 4.9% of excess over $24,000
Over $315,000
$15,027 plus 5.9% of excess over $315,000.
C. For single individuals and for estates and trusts:
If the taxable income is:
The tax shall be:
Not over $5,500
1.7% of taxable income
Over $5,500 but not over $11,000
$93.50 plus 3.2% of excess over $5,500
Over $11,000 but not over $16,000
$269.50 plus 4.7% of excess over $11,000
Over $16,000 but not over $210,000
$504.50 plus 4.9% of excess over $16,000
Over $210,000
$10,010.50 plus 5.9% of excess over $210,000.
D. The tax on the sum of any lump-sum amounts included in net income is an amount equal to five multiplied by the difference between:
(1) the amount of tax due on the taxpayer's taxable income; and
(2) the amount of tax that would be due on an amount equal to the taxpayer's taxable income and twenty percent of the taxpayer's lump-sum amounts included in net income.
History: Laws 2005, ch. 104, § 4; 2019, ch. 270, § 12.
Compiler's notes. — Pursuant to Laws 2019, ch. 270, § 61, the effective date of Laws 2019, ch. 270, § 12 is December 18, 2020. On December 18, 2020, the secretary of finance and administration certified to the New Mexico compilation commission and the director of the legislative council service that fiscal year 2020 recurring general fund revenues are less than five percent above fiscal year 2019 recurring general fund revenues.
The 2019 amendment, effective December 18, 2020, revised individual income tax rates and individual income tax brackets; in Subsection A, after "If the taxable income is", deleted the remainder of the subsection; deleted former Subsections B and C and added new Subsections B and C.
Applicability. — Laws 2019, ch. 270, § 59 provided that the provisions of Laws 2019, ch. 270, § 12 apply to taxable years beginning on or after January 1, 2021.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 7 - Taxation

Article 2 - Income Tax General Provisions

Section 7-2-1 - Short title.

Section 7-2-2 - Definitions.

Section 7-2-3 - Imposition and levy of tax.

Section 7-2-4 - Exemptions.

Section 7-2-5 - Repealed.

Section 7-2-5.1 - Repealed.

Section 7-2-5.2 - Exemption; income of persons sixty-five and older or blind.

Section 7-2-5.3 - Repealed.

Section 7-2-5.4 - Repealed.

Section 7-2-5.5 - Exemption; earnings by Indians, their Indian spouses and Indian dependents on Indian lands.

Section 7-2-5.6 - Exemption; medical care savings accounts.

Section 7-2-5.7 - Exemption; income of individuals one hundred years of age or older.

Section 7-2-5.8 - Exemption for low- and middle-income taxpayers.

Section 7-2-5.9 - Exemption; unreimbursed or uncompensated medical care expenses of individuals sixty-five years of age or older.

Section 7-2-5.10 - Exemption; New Mexico national guard member premiums paid for group life insurance.

Section 7-2-5.11 - Exemption; armed forces salaries.

Section 7-2-6 - Repealed.

Section 7-2-7 - Individual income tax rates.

Section 7-2-7 - Individual income tax rates. (Effective January 1, 2006 through December 31, 2007.)

Section 7-2-7.1 - Tax tables.

Section 7-2-7.2 - Tax rebate; 2005 taxable year. (Effective for 2005 tax year.)

Section 7-2-7.3 - Exemption; 2005 taxable year rebate. (Effective for 2005 tax year.)

Section 7-2-7.4 - 2020 income tax rebate.

Section 7-2-8 - Repealed.

Section 7-2-9 - Tax computation; alternative method.

Section 7-2-10 - Income taxes applied to individuals on federal areas.

Section 7-2-11 - Tax credit; income allocation and apportionment.

Section 7-2-12 - Taxpayer returns; payment of tax.

Section 7-2-12.1 - Limitation on claiming of credits and tax rebates.

Section 7-2-12.2 - Estimated tax due; payment of estimated tax; penalty.

Section 7-2-13 - Credit for taxes paid other states by resident individuals.

Section 7-2-14 - Low-income comprehensive tax rebate.

Section 7-2-14.1 - Repealed.

Section 7-2-14.2 - Repealed.

Section 7-2-14.3 - Tax rebate of part of property tax due from low-income taxpayer; local option; refund.

Section 7-2-14.4 - Authorization to fund property tax rebate for low-income taxpayers; tax imposition; election.

Section 7-2-14.5 - Imposition of tax; limitations.

Section 7-2-15 - Repealed.

Section 7-2-16 - Repealed.

Section 7-2-16.1 - Repealed.

Section 7-2-17 - Repealed.

Section 7-2-17.1 - Repealed.

Section 7-2-18 - Tax rebate of property tax due that exceeds the elderly taxpayer's maximum property tax liability; refund.

Section 7-2-18.1 - Credit for expenses for dependent child day care necessary to enable gainful employment to prevent indigency.

Section 7-2-18.2 - Credit for preservation of cultural property; refund.

Section 7-2-18.3 - Repealed.

Section 7-2-18.4 - Qualified business facility rehabilitation credit; income tax credit.

Section 7-2-18.5 - Welfare-to-work tax credit.

Section 7-2-18.6 - Repealed.

Section 7-2-18.7 - Tax rebate of property tax paid on property eligible for disabled veteran exemption; refund; limitation.

Section 7-2-18.8 - Credit; certain electronic equipment.

Section 7-2-18.9 - Repealed.

Section 7-2-18.10 - Tax credit; certain conveyances of real property.

Section 7-2-18.11 - Job mentorship tax credit.

Section 7-2-18.12 - Repealed.

Section 7-2-18.13 - Credit; unreimbursed or uncompensated medical care expenses of individuals sixty-five years of age or older.

Section 7-2-18.14 - Solar market development tax credit; residential and small business solar thermal and photovoltaic market development tax credit.

Section 7-2-18.15 - Working families tax credit.

Section 7-2-18.16 - Credit; special needs adopted child tax credit; created; qualifications; duration of credit.

Section 7-2-18.17 - Angel investment credit.

Section 7-2-18.18 - Renewable energy production tax credit.

Section 7-2-18.19 - Sustainable building tax credit.

Section 7-2-18.20 - Repealed.

Section 7-2-18.21 - Credit; blended biodiesel fuel.

Section 7-2-18.22 - Tax credit; rural health care practitioner tax credit.

Section 7-2-18.23 - Refundable credit; 2007 taxable year.

Section 7-2-18.24 - Geothermal ground-coupled heat pump tax credit.

Section 7-2-18.25 - Advanced energy income tax credit.

Section 7-2-18.26 - Agricultural biomass income tax credit.

Section 7-2-18.27 - Credit; physician participation in cancer treatment clinical trials.

Section 7-2-18.28 - Veteran employment tax credit.

Section 7-2-18.29 - 2015 sustainable building tax credit.

Section 7-2-18.30 - Foster youth employment income tax credit.

Section 7-2-18.31 - New solar market development income tax credit.

Section 7-2-18.32 - 2021 sustainable building tax credit.

Section 7-2-19 - Repealed.

Section 7-2-20 - Information returns.

Section 7-2-21 - Fiscal years permitted.

Section 7-2-21.1 - Accounting methods.

Section 7-2-22 - Administration.

Section 7-2-23 - Finding[; wildlife funds].

Section 7-2-24 - Optional designation of tax refund contribution [; game protection fund].

Section 7-2-24.1 - Optional designation of tax refund contribution for tree plantings.

Section 7-2-24.2 - Optional designation of tax refund contribution; healthy soil program.

Section 7-2-25 - Repealed.

Section 7-2-26 - Repealed.

Section 7-2-27 - Repealed.

Section 7-2-28 - Optional designation of tax refund contribution.

Section 7-2-28.1 - Veterans' state cemetery fund; created.

Section 7-2-29 - Finding.

Section 7-2-30 - Optional designation of tax refund contribution [; substance abuse education fund].

Section 7-2-30.1 - Optional designation of tax refund contribution; amyotrophic lateral sclerosis research fund.

Section 7-2-30.2 - Optional designation of tax refund contribution; energy, minerals and natural resources department; state parks division.

Section 7-2-30.3 - Optional designation of tax refund contribution; national guard member and family assistance.

Section 7-2-30.4 - Optional designation of tax refund contribution; Vietnam veterans memorial.

Section 7-2-30.5 - Optional designation of tax refund contribution; veterans' enterprise fund.

Section 7-2-30.6 - Optional designation of tax refund contribution; lottery tuition fund.

Section 7-2-30.7 - Optional designation of tax refund contribution; horse shelter rescue fund.

Section 7-2-30.8 - Finding; optional designation of tax refund contribution; senior services.

Section 7-2-30.9 - Optional designation of tax refund contribution; animal care and facility fund.

Section 7-2-30.10 - Optional designation of tax refund contribution; sexual assault examination kit processing grant fund; sexual assault services. (Repealed effective January 1, 2023.)

Section 7-2-30.11 - Optional designation of tax refund contribution; New Mexico housing trust fund.

Section 7-2-31 - Optional designation of tax refund contribution.

Section 7-2-31.1 - Optional refund contribution provisions; conditional repeal.

Section 7-2-32 - Deduction-payments into education trust fund.

Section 7-2-33 - Repealed.

Section 7-2-34 - Deduction; net capital gain income.

Section 7-2-35 - Deleted.

Section 7-2-36 - Deduction; expenses related to organ donation.

Section 7-2-37 - Deduction; unreimbursed or uncompensated medical care expenses.

Section 7-2-38 - Deduction; income set aside for future distribution from an estate or trust to a nonresident individual.

Section 7-2-39 - Deduction from net income for certain dependents.

Section 7-2-40 - Deduction; income from leasing a liquor license.