New Mexico § 51-1-12 - Penalty; late payment of contributions

§ 51-1-12. Penalty; late payment of contributions

The rate of contribution of an employer shall in no case be raised as a penalty for,

or as a result of, the late filing of any notice, report or payment of contributions

required under Section 51-1-9 NMSA 1978 or any regulations promulgated thereunder. Effective as to all wages for employment paid on and after July 1, 1965, quarterly

wage and contribution reports and contribution payments, if not filed on or before

the due date as prescribed by the secretary, shall be subject to the following penalties: A. if the required report for any calendar quarter is not filed within ten days after

due date, a penalty of fifty dollars ($50.00) is to be paid by the employer; B. if the contributions due on such report are not paid in full within ten days after

due date, an additional penalty of five percent but not less than twenty-five dollars

($25.00) is to be paid by the employer on any such contributions remaining unpaid; C. if any payment required to be made by the Unemployment Compensation Law is attempted

to be made by check which is not paid upon presentment, a penalty of twenty-five dollars

($25.00) shall be paid by the employer; and D. in no case shall any penalty as herein provided or as imposed by this section prior

to June 30, 1965 be assessed for any quarter prior to the six completed calendar quarters

immediately preceding the quarter in which the employer shall be determined subject

to the Unemployment Compensation Law; and in no case shall a penalty for late reporting

or late payment of contribution be imposed if, in the opinion of the secretary, an

employer's late reporting, late payment of contribution, or both, was occasioned by

circumstances beyond the control of the employer, who in good faith exercised reasonable

diligence in an effort to comply with the reporting and contribution payment provisions

of the Unemployment Compensation Law.