New Mexico § 45-3-923 - Statutory apportionment of estate taxes
Full text of New Mexico New Mexico Statutes Annotated § 45-3-923 — Statutory apportionment of estate taxes, with citation guidance and answers to common questions.
§ 45-3-923. Statutory apportionment of estate taxes
To the extent that apportionment of an estate tax is not controlled by an instrument
described in Section 7 of this act and except as otherwise provided in Sections 10
and 11 of this act, the following rules apply: A. subject to Subsections B, C and D of this section, the estate tax is apportioned
ratably to each person that has an interest in the apportionable estate; B. a generation-skipping transfer tax incurred on a direct skip taking effect at death
is charged to the person to which the interest in property is transferred; C. if property is included in the decedent's gross estate because of Section 2044 of the federal Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate
tax for which the decedent's estate is liable and the amount of estate tax for which
the decedent's estate would have been liable if the property had not been included
in the decedent's gross estate is apportioned ratably among the holders of interests
in the property. The balance of the tax, if any, is apportioned ratably to each other person having
an interest in the apportionable estate; and D. except as otherwise provided in Paragraph (4) of Subsection B of Section 7 of this
act and except as to property to which Section 11 of this act applies, an estate tax
apportioned to persons holding interests in property subject to a time-limited interest
must be apportioned, without further apportionment, to the principal of that property.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-923
What does New Mexico Statutes Annotated § 45-3-923 cover?
Section 45-3-923 ("Statutory apportionment of estate taxes") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 45-3-923?
A common citation format is "New Mexico Statutes Annotated § 45-3-923" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 45-3-923 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.