New Mexico § 7-1-11.1 - Managed audits

§ 7-1-11.1. Managed audits

A. A managed audit may be limited in scope to certain periods, activities, lines of

business, geographic areas or transactions, including tax on: (1) the receipts from certain sales; (2) the value of certain assets; (3) the value of certain expense items or services used; and (4) any other category specified in an agreement authorized by this section. B. Upon the application of the taxpayer, the secretary or the secretary's delegate

may enter into a written agreement with a taxpayer for a managed audit. To be effective the written agreement must: (1) be signed by the taxpayer or the taxpayer's authorized representative and by the

secretary or the secretary's delegate; (2) contain a declaration by the taxpayer or the taxpayer's authorized representative

that all statements of fact made by the taxpayer or the taxpayer's representative

in the taxpayer's application and the agreement are true and correct as to every material

matter; (3) specify the reporting period or periods, the type of receipts or transactions

and tax to be audited, the procedures to be followed in performing the managed audit,

the records to be used, the date of commencement of the audit for purposes of Section 7-9-43 NMSA 1978 and the date for the taxpayer's presentation of the results of the managed audit

to the department; and (4) include a waiver by the taxpayer of the limitations on assessments for the reporting

period or periods to be audited. C. The agreement for a managed audit may be modified in writing, provided that the

modification meets the requirements of Subsection B of this section. D. In determining whether to enter into an agreement for a managed audit the secretary

or the secretary's delegate may consider, in addition to other relevant factors: (1) the taxpayer's history of tax compliance; (2) the amount of time and resources the taxpayer has available to dedicate to the

audit; (3) the extent and availability of the taxpayer's records; and (4) the taxpayer's ability to pay any expected liability. E. The decision whether to enter into an agreement for a managed audit rests solely

with the secretary or the secretary's delegate. F. The results of the managed audit shall be presented to the department by the taxpayer

on or before any date set for presentation of the results in the managed audit agreement. The department shall assess the tax liability found to be due as the result of a

managed audit performed in accordance with a managed audit agreement. The department may review records, documents, schedules or other information to

determine if the managed audit substantially conforms to the managed audit agreement.