New Mexico § 7-1-29.2 - Credit claims

§ 7-1-29.2. Credit claims

A. A taxpayer who submits a complete application for a tax credit is deemed to have

received approval of the application if the application has not been granted or denied

within one hundred twenty days of the date it was filed. Nothing in this section shall be construed to prevent the department from auditing

taxes paid or from assessing taxes owed, including any tax resulting from tax credits

found not to be valid. B. A taxpayer who believes that the taxpayer is eligible to receive a tax credit may

apply for approval of the credit by directing to the secretary a complete application

on the form and in the manner prescribed by the department. C. An application for a tax credit that has all fields completed, includes all attachments

required by the application instructions and is submitted in accordance with the application

instructions is deemed to be properly before the department for consideration, regardless

of whether the department requests additional documentation after receipt of the application

for credit. D. If the department requests additional relevant documentation from a taxpayer who

has submitted an incomplete application for a tax credit, the application shall be

considered complete on the date that the taxpayer mails or delivers sufficient information

for the department to consider the application. E. The secretary or the secretary's delegate may approve or deny an application for

a tax credit in whole or in part. An approval or denial by the secretary or the secretary's delegate shall be in writing. If the application is denied in whole or in part, the taxpayer shall not refile

the denied application, but the taxpayer, within one hundred twenty days after the

mailing or delivery of the denial of all or any part of the application, may elect

to pursue only one of the remedies provided in this subsection. A taxpayer who timely pursues more than one remedy is deemed to have elected the

first remedy requested. The taxpayer may: (1) direct to the secretary, pursuant to the provisions of Section 7-1-24 NMSA 1978 , a written protest that sets forth: (a) the circumstances of the denied application for a tax credit; (b) an allegation that, because of the denial, the state is indebted to the taxpayer

for a specified amount, including any allowed interest; (c) a demand for the approval of the application for the tax credit of the specified

amount; and (d) a recitation of the facts supporting the application for the tax credit; or (2) commence a civil action in the district court for Santa Fe county by filing a

complaint setting forth the circumstance of the denied application for the tax credit;

alleging that on account of the denial, the state is indebted to the taxpayer for

a specified amount, together with any interest allowable; demanding approval of the

application for the tax credit of that amount; and reciting the facts of the application

for the tax credit. The taxpayer or the secretary may appeal from any final decision or order of the

district court to the court of appeals.