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New Mexico Tax Law Questions & Answers
1 Answer | Asked in Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.

1 Answer | Asked in Tax Law for New Mexico on
Q: If I was receiving Medicaid, and earned income far below Federal Poverty figure, how can I owe NM Gross Receipts tax?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

NM Gross Receipts Tax is a unique tax in that anyone who sells a good or service in New Mexico owes it. It’s similar to a “sales tax” but is only levied on the seller and not the buyer. While there are a few exceptions, unless you qualify for one of them and timely file an NTTC, you are... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Mexico on
Q: How do I go about filing for the homestead exemption in my state of New Mexico when County Assessor never heard of it?

This is for assessing property taxes.

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 28, 2019

I’m not entirely sure what you’re asking. The “homestead exemption” in New Mexico offers protection when debts are being collected from an individual...creditors are unable to force someone from their home to pay a debt (up to $60,000 is protected from creditors in these situations, see... Read more »

1 Answer | Asked in Tax Law for New Mexico on
Q: The question is about requirements for NTTCs in NM when selling art on commission & statute of limitations for audits.

I am an artist in NM. In 2013 & 2014 I sold work through a gallery. They collected gross receipts tax from buyers & paid taxes on the full amount of each sale. I reported the income I received from sales on federal & state returns. Recently I was audited by NM Tax. & Rev. They claim I owe gross... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Dec 27, 2019

Based on the information you provided, you are actually in a somewhat complicated situation. You’re going to need to “get moving” soon, because there’s a 60-day within which you need to apply for a retroactive exemption to the NTTC. This pamphlet should get you started:... Read more »

1 Answer | Asked in Tax Law for New Mexico on
Q: Can I use funds from a Coverdell Education Savings Account to pay for transportation costs for a special needs student?

My son is enrolled in the school district's post high school special needs transition program. This program requires transporting him to different job sites throughout the week. The school district does not provide transportation to the program sites. Transportation is provide by the city... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 24, 2019

Yes, transportation expenses for the beneficiary that are required as part of the educational program are considered qualified expenses. Make sure you retain receipts and the information regarding the necessity of the transportation in case of audit.

2 Answers | Asked in Business Formation and Tax Law for New Mexico on
Q: my ex wife and I owned a local corporation and we have divorced. My ex told me that the company was dissolved. how???

I have the articles of the corporation showing me as an officer and that the corporation has not been dissolved. Would a case like mine fall under tax law??

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

It wouldn't be tax to determine if it was dissolved or not. You'd need a business attorney. You can also check the Secretary of State's website to see the current status.

If it was dissolved you may have a taxable event on liquidation.

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1 Answer | Asked in Tax Law for New Mexico on
Q: I been living at motel 6 for 7 months they keep checking me out then checking me in so I can keep paying taxes

I been staying with them off and on for years but months even whole year straight and last week said I was a perment tenant but now this week it said walk in I got proof I save every receipt this is motel 6 here in albuquerque they check me out after 35 days then they check me back in and I never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

You might not agree with me but the amount of money involved is way too small to be of interest to most lawyers.

FYI, the law is not designed to solve every little problem that comes your way during this lifetime, The Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Tax Law for New Mexico on
Q: I have an uncle in assisted living. I have POA. He did not recieve the forms to file his tax. S.S. said I needed a lette

From him to get the forms. He and I are I different cities. I asked the administrator to please write a letter for him and him sign it. So that I could get the forms needed from S.S.

She said she would then later informed me she was told by the facility lawyer not to do it. Does she have... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for... Read more »

1 Answer | Asked in Probate and Tax Law for New Mexico on
Q: I have my deceased mothers land in the middle of probate and state sold it at the public auction because of back taxes

Is this legal to do please help

Ben F Meek III
Ben F Meek III answered on Jan 25, 2017

Probably, yes. There are legal requirements for the State to meet in order to conduct such a sale, but death of the owner or the filing of a probate proceeding usually won't stop it. If they failed to accomplish any of the prerequisites properly, you may be able to bring suit and have the sale... Read more »

1 Answer | Asked in Probate, Tax Law and Real Estate Law for New Mexico on
Q: Can the state sale my land due to back taxes while I have it in probate?
Ben F Meek III
Ben F Meek III answered on Jan 12, 2017

Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed amount and... Read more »

1 Answer | Asked in Collections and Tax Law for New Mexico on
Q: Hello, my federal tax refund was just taken to pay us dptmnt of education for a loan from dec 5,08. Is that legal in NM?

the account went into collections and was opened on dec 5, 2008. it has been over 7 years. Is that llegal for the IRS to take my taxes for this even though its been over 7 years?? They took my taxes last year as well but that was in the 7 year period. Can you please help me out. Thanks.

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

The following constitutes general information and not legal advice specific to your situation. The collection options available with respect to federal student loans and private student loans are different. With federal student loans, there are few ways to make outstanding debt go away. Paying... Read more »

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