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Bill > HB2


NM HB2

NM HB2
Tax, Fund & Distribution Changes


summary

Introduced
05/24/2017
In Committee
05/27/2017
Crossed Over
05/25/2017
Passed
05/27/2017
Dead
Signed/Enacted/Adopted
05/27/2017

Introduced Session

2017 1st Special Session

Bill Summary

AN ACT RELATING TO TAXATION; DISTRIBUTING REVENUE IN EXCESS OF A FIVE-YEAR AVERAGE OF THE OIL AND GAS EMERGENCY SCHOOL TAX TO THE TAX STABILIZATION RESERVE; ELIMINATING THE TAXPAYERS DIVIDEND FUND; SUSPENDING A DISTRIBUTION TO THE LEGISLATIVE RETIREMENT FUND FOR TWO YEARS, THEN SENDING THE DISTRIBUTION TO THE MAGISTRATE RETIREMENT FUND AND THE JUDICIAL RETIREMENT FUND FOR THREE YEARS, THEN RESUMING THE DISTRIBUTION TO THE LEGISLATIVE RETIREMENT FUND; DISTRIBUTING A PORTION OF THE GROSS RECEIPTS TAX TO THE COUNTY-SUPPORTED MEDICAID FUND; PROVIDING THAT THE PLACE OF BUSINESS OF A PERSON WITHOUT PHYSICAL PRESENCE IN THIS STATE IS WHERE THE PROPERTY OR SERVICE BEING SOLD IS DELIVERED; ALLOWING A REFUND OF GROSS RECEIPTS TAX DUE A PERSON TO BE APPLIED AGAINST COMPENSATING TAX OWED BY THE PERSON'S CUSTOMER AS A RESULT OF TRANSACTIONS WITH THAT PERSON; CLARIFYING THAT A PERSON WITHOUT PHYSICAL PRESENCE IN THE STATE THAT HAS LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000) IN GROSS RECEIPTS IS NOT ENGAGING IN BUSINESS PURSUANT TO THE GROSS RECEIPTS AND COMPENSATING TAX ACT; BARRING THE TAXATION AND REVENUE DEPARTMENT FROM ENFORCING COLLECTION OF THE GROSS RECEIPTS TAX IN CERTAIN CIRCUMSTANCES; IMPOSING THE STATE GROSS RECEIPTS TAX ON NONPROFIT HOSPITALS; IMPOSING THE GOVERNMENTAL GROSS RECEIPTS TAX ON GOVERNMENT HOSPITALS; DISTRIBUTING THE REVENUE ATTRIBUTABLE TO TAXING ALL HOSPITALS TO THE GENERAL FUND; ADJUSTING CERTAIN DEDUCTIONS AND EXEMPTIONS FROM GROSS RECEIPTS AND GOVERNMENTAL GROSS RECEIPTS FOR HOSPITALS; REQUIRING SEPARATE REPORTING FOR CERTAIN DEDUCTIONS FROM GROSS RECEIPTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

AI Summary

This bill makes the following key changes: This bill distributes revenue from the oil and gas emergency school tax that exceeds a five-year average to the tax stabilization reserve, eliminates the taxpayers dividend fund, temporarily suspends a distribution to the legislative retirement fund and instead sends it to the magistrate and judicial retirement funds, distributes a portion of the gross receipts tax to the county-supported Medicaid fund, clarifies that businesses without a physical presence in the state are considered to have a "place of business" where their product is delivered, allows the Department of Taxation and Revenue to apply refunds of gross receipts tax to compensating tax owed by the person's customer, bars the Department from enforcing collection of gross receipts tax in certain circumstances, imposes the state gross receipts tax and governmental gross receipts tax on nonprofit and government hospitals respectively, and makes various adjustments to deductions and exemptions related to hospitals under the Gross Receipts and Compensating Tax Act.

Committee Categories

Budget and Finance

Sponsors (3)

Last Action

[LD 4] Signed by the Governor - Chapter 3(partial veto). (on 05/27/2017)

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