A. The department is authorized to require where practical, in lieu of:
(1) the filing of paper documents, the filing by electronic or optical means of any return, application, report or other document required under any law or program administered by the department; and
(2) a paper check or cash payment, the remittance by electronic means of any payment required under any law or program administered by the department.
B. The department, using reasonable criteria, may require some classes of persons to file returns and remit payments electronically or optically while not so requiring others to file returns and remit payments in that manner. The date of filing or payment shall be the date the return, application, report, payment or other document is transmitted to the department in a form able to be processed.
History: Laws 1995, ch. 31, § 5; 2021, ch. 65, § 37.
Cross references. — For electronic authentication and substitution for signature, see 14-3-15.2 NMSA 1978.
The 2021 amendment, effective July 1, 2021, authorized the taxation and revenue department to mandate electronic payment of certain taxes; in the section heading, added "and payment"; in Subsection A, added new paragraph designation "(1)" and Paragraph A(2); and in Subsection B, after "persons to file", added "returns and remit payments", after "requiring others to file", added "returns and remit payments", after "date of filing", added "or payment", and after "report", added "payment".
Structure New Mexico Statutes
Chapter 9 - Executive Department
Article 11 - Taxation and Revenue Department
Section 9-11-4 - Department established.
Section 9-11-5 - Secretary of taxation and revenue; appointment.
Section 9-11-6 - Secretary; duties and general powers.
Section 9-11-6.1 - Additional powers of secretary.
Section 9-11-6.4 - Electronic filing and payment.
Section 9-11-8 - Division directors.
Section 9-11-9 - Bureaus as organizational units.
Section 9-11-10 - Personnel Act coverage.
Section 9-11-10.1 - Background investigations; duties; employees; condition of employment.
Section 9-11-11 - Legal adviser [advisor].
Section 9-11-12 - Cooperative agreements among jurisdictions.
Section 9-11-12.1 - Tribal cooperative agreements.
Section 9-11-12.2 - Cooperative agreements with Navajo Nation.
Section 9-11-13 - Taxation and revenue department; additional duties.
Section 9-11-14 - Power to employ law enforcement officers for tax fraud investigations division.
Section 9-11-15 - Collection of delinquent obligations through collection agency.