For purposes of allocation and apportionment of income under the Uniform Division of Income for Tax Purposes Act, a taxpayer is taxable in another state if:
A. in that state he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or
B. that state has jurisdiction to subject the taxpayer to a net income tax, regardless of whether the state does or does not.
History: 1953 Comp., § 72-15A-19, enacted by Laws 1965, ch. 203, § 4.
Effective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 4 effective January 1, 1966.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 471, 542.
What suits at domicile of corporation involving corporate stock or rights and obligations incident thereto are in rem, jurisdiction in which may rest upon constructive service of process against nonresidents, 145 A.L.R. 1393.
Income tax on nonresident or on foreign corporation, 156 A.L.R. 1370.
84 C.J.S. Taxation §§ 38, 72, 92 to 93, 112 to 115, 165, 177 to 180; 85 C.J.S. Taxation §§ 1693, 1701 to 1705, 1715 to 1719.
Structure New Mexico Statutes
Article 4 - Division of Income for Tax Purposes
Section 7-4-3 - Allocation and apportionment of income in general.
Section 7-4-4 - When taxable in another state.
Section 7-4-5 - Allocation of certain nonbusiness income.
Section 7-4-6 - Allocation of rents and royalties.
Section 7-4-7 - Allocation of capital gains and losses.
Section 7-4-8 - Allocation of interest and dividends.
Section 7-4-9 - Allocation of patent and copyright royalties.
Section 10 - Apportionment of business income.
Section 7-4-11 - Property factor for apportionment of business income.
Section 7-4-12 - Valuation of property for inclusion in property factor.
Section 7-4-13 - Determination of average value of property for inclusion in property factor.
Section 7-4-14 - Payroll factor for apportionment of business income.
Section 7-4-15 - Determination of compensation for inclusion in payroll factor.
Section 7-4-16 - Sales factor for apportionment of business income.
Section 7-4-19 - Equitable adjustment of standard allocation or apportionment.