New Mexico § 7-1-3 - Definitions

§ 7-1-3. Definitions

Unless the context clearly indicates a different meaning, the definitions of words

and phrases as they are stated in this section are to be used, and whenever in the

Tax Administration Act these words and phrases appear, the singular includes the plural

and the plural includes the singular: A. “ automated clearinghouse transaction ” means an electronic credit or debit transmitted through an automated clearinghouse

payable to the state treasurer and deposited with the fiscal agent of New Mexico; B. “ business location ” means the location where a taxpayer's gross receipts and deductions are required

to be reported pursuant to Section 7-1-14 NMSA 1978; C. “ department ” means the taxation and revenue department, the secretary or any employee of the

department exercising authority lawfully delegated to that employee by the secretary; D. “ electronic payment ” means a payment made by automated clearinghouse deposit, any funds wire transfer

system or a credit card, debit card or electronic cash transaction through the internet; E. “ employee of the department ” means any employee of the department, including the secretary, or any person acting

as agent or authorized to represent or perform services for the department in any

capacity with respect to any law made subject to administration and enforcement under

the provisions of the Tax Administration Act; F. “ financial institution ” means any state or federally chartered, federally insured depository institution; G. “ hearing officer ” means a person who has been designated by the chief hearing officer to serve as

a hearing officer and who is: (1) the chief hearing officer; (2) an employee of the administrative hearings office; or (3) a contractor of the administrative hearings office; H. “ Internal Revenue Code ” means the Internal Revenue Code of 1986, as that code may be amended or its sections

renumbered; I. “ levy ” means the lawful power, hereby invested in the secretary, to take into possession

or to require the present or future surrender to the secretary or the secretary's

delegate of any property or rights to property belonging to a delinquent taxpayer; J. “ local option gross receipts tax ” means a tax authorized to be imposed by a county or municipality upon a taxpayer's

gross receipts, as that term is defined in the Gross Receipts and Compensating Tax

Act, 1 and required to be collected by the department at the same time and in the same manner

as the gross receipts tax; K. “ managed audit ” means a review and analysis conducted by a taxpayer under an agreement with the

department to determine the taxpayer's compliance with a tax administered pursuant

to the Tax Administration Act and the presentation of the results to the department

for assessment of tax found to be due; L. “ net receipts ” means the total amount of money paid by taxpayers to the department in a month pursuant

to a tax or tax act less any refunds disbursed in that month with respect to that

tax or tax act; M. “ overpayment ” means an amount paid, pursuant to any law subject to administration and enforcement

under the provisions of the Tax Administration Act, by a person to the department

or withheld from the person in excess of tax due from the person to the state at the

time of the payment or at the time the amount withheld is credited against tax due; N. “ paid ” includes the term “paid over”; O. “ pay ” includes the term “pay over”; P. “ payment ” includes the term “payment over”; Q. “ person ” means any individual, estate, trust, receiver, cooperative association, club, corporation,

company, firm, partnership, limited liability company, limited liability partnership,

joint venture, syndicate, other association or gas, water or electric utility owned

or operated by a county or municipality; “ person ” also means, to the extent permitted by law, a federal, state or other governmental

unit or subdivision, or an agency, department or instrumentality thereof; and “ person ”, as used in Sections 7-1-72 through 7-1-74 NMSA 1978 , also includes an officer or employee of a corporation, a member or employee of a

partnership or any individual who, as such, is under a duty to perform any act in

respect of which a violation occurs; R. “ property ” means property or rights to property; S. “ property or rights to property ” means any tangible property, real or personal, or any intangible property of a taxpayer; T. “ return ” means any tax or information return, application or form, declaration of estimated

tax or claim for refund, including any amendments or supplements to the return, required

or permitted pursuant to a law subject to administration and enforcement pursuant

to the Tax Administration Act and filed with the secretary or the secretary's delegate

by or on behalf of any person; U. “ return information ” means a taxpayer's name, address, government-issued identification number and other

identifying information; any information contained in or derived from a taxpayer's

return; any information with respect to any actual or possible administrative or

legal action by an employee of the department concerning a taxpayer's return, such

as audits, managed audits, denial of credits or refunds, assessments of tax, penalty

or interest, protests of assessments or denial of refunds or credits, levies or liens;

or any other information with respect to a taxpayer's return or tax liability that

was not obtained from public sources or that was created by an employee of the department;

but “return information” does not include statistical data or other information that

cannot be associated with or directly or indirectly identify a particular taxpayer; V. “ secretary ” means the secretary of taxation and revenue and, except for purposes of Subsection B of Section 7-1-4 NMSA 1978 , also includes the deputy secretary or a division director or deputy division director

delegated by the secretary; W. “ secretary or the secretary's delegate ” means the secretary or any employee of the department exercising authority lawfully

delegated to that employee by the secretary; X. “ security ” means money, property or rights to property or a surety bond; Y. “ state ” means any state of the United States, the District of Columbia, the commonwealth

of Puerto Rico and any territory or possession of the United States; Z. “ tax ” means the total amount of each tax imposed and required to be paid, withheld and

paid or collected and paid under provision of any law made subject to administration

and enforcement according to the provisions of the Tax Administration Act, including

the amount of any interest or civil penalty relating thereto; “ tax ” also means any amount of any abatement of tax made or any credit, rebate or refund

paid or credited by the department under any law subject to administration and enforcement

under the provisions of the Tax Administration Act to any person contrary to law,

including the amount of any interest or civil penalty relating thereto; AA. “ tax return preparer ” means a person who prepares for others for compensation or who employs one or more

persons to prepare for others for compensation any return of income tax, a substantial

portion of any return of income tax, any claim for refund with respect to income tax

or a substantial portion of any claim for refund with respect to income tax; provided

that a person shall not be a “tax return preparer” merely because such person: (1) furnishes typing, reproducing or other mechanical assistance; (2) is an employee who prepares an income tax return or claim for refund with respect

to an income tax return of the employer, or of an officer or employee of the employer,

by whom the person is regularly and continuously employed; or (3) prepares as a trustee or other fiduciary an income tax return or claim for refund

with respect to income tax for any person; and BB. “ taxpayer ” means a person liable for payment of any tax; a person responsible for withholding

and payment or for collection and payment of any tax; a person to whom an assessment

has been made, if the assessment remains unabated or the amount thereof has not been

paid; or a person who entered into a special agreement pursuant to Section 7-1-21.1 NMSA 1978 to assume the liability of gross receipts tax or governmental gross receipts tax

of another person and the special agreement was approved by the secretary pursuant

to the Tax Administration Act. 1

NMSA 1978, § 7-9-1 et seq.