New Mexico 2023 Regular Session

New Mexico Senate Bill SB146

Introduced
1/19/23  
Report Pass
2/17/23  
Report Pass
3/4/23  
Report Pass
3/14/23  
Engrossed
3/16/23  
Report Pass
3/17/23  
Enrolled
3/18/23  
Chaptered
3/30/23  

Caption

Tax Administration Changes

Impact

The introduction of SB146 is expected to have a considerable impact on property tax administration in New Mexico. By establishing clearer guidelines on how taxes are assessed and how disputes can be managed, the bill seeks to protect the integrity of the tax system while ensuring that taxpayers have defined avenues for contesting unjust tax liabilities. A key feature of the bill is its provision stating that using software designed to manipulate sales data constitutes tax fraud, which raises the stakes for businesses and individuals attempting to evade tax obligations.

Summary

SB146, also known as the Tax Administration Changes bill, introduces several significant revisions to the state's tax laws, particularly focusing on taxation processes and the disputes taxpayers can raise against tax assessments. The bill aims to streamline the assessment process for tax liabilities, allowing for clearer procedures on how taxpayers can dispute assessments, access tax credits, and the protocols related to claims of tax fraud. Key amendments include clarifications around the assessment processes and the introduction of penalties for using sales suppression software to evade state taxes.

Sentiment

Overall, the sentiment surrounding SB146 appears to be largely positive, especially among lawmakers who view it as a necessary update to hold taxpayers accountable and maintain the integrity of the state's tax revenue system. However, concerns have been voiced by some groups about the balance between enforcing tax compliance and ensuring that taxpayer rights are preserved in the protest and dispute processes. The endorsement from various legislative committees suggests broad support, but some criticisms indicate that the bill could be seen as punitive in nature.

Contention

Despite the general support, notable points of contention include the specifics surrounding the penalties for tax fraud as defined in the bill, particularly regarding the use of sales suppression software. Critics argue that the definitions and enforcement mechanisms may not sufficiently distinguish between inadvertent errors or genuine oversight and deliberate tax evasion. This could lead to undue penalties for individuals who may have legitimate disputes with tax assessments, raising questions about fairness and administrative burdens.

Companion Bills

No companion bills found.

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