New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 3 - EMPLOYMENT SECURITY
Part 400 - TAX ADMINISTRATION
Section 11.3.400.409 - REPORT TO DETERMINE LIABILITY
Universal Citation: 11 NM Admin Code 11.3.400.409
Current through Register Vol. 35, No. 18, September 24, 2024
A. REGISTRATION: Each employing unit or employing enterprise engaged in doing business in the state of New Mexico, whether by succession to a business already being operated, by starting a new business, by change in partnership, or otherwise, shall register the business on line. Registration for the business may be filed when the employer has hired its first employee, and:
(1) The employer has paid an individual wages
of $450 or more in any calendar quarter in either the current or preceding
calendar year or if there was one or more persons (part-time workers included)
in employment in each of twenty different calendar weeks during either the
current or the preceding calendar year irrespective of whether the same
individual was in employment in each day.
(2) In agricultural labor, the employer has
paid wages of $20,000 or more to individuals during any calendar quarter in
either the current or the preceding calendar year or employed 10 or more
individuals in agricultural labor (part-time workers included) in each of 20
different calendar weeks in either the current or preceding calendar year,
whether or not the weeks were consecutive and regardless of whether the
individuals were employed at the same time.
(3) The employer has paid an individual in
domestic service in a private home, local college club or local chapter of a
college fraternity or sorority wages of $1,000 in any calendar quarter in the
current or preceding calendar year.
B. REPORT OF CHANGE IN STATUS:
(1) Every subject employer who shall sell,
convey or otherwise dispose of its business, or all or any substantial part of
the assets thereof, or who shall cease business for any reason, whether
voluntarily or by being in bankruptcy shall, within five days, immediately
report such fact, electronically, to the department, stating the name and
address of the person, firm or corporation to whom such business, or all or any
substantial part of the assets thereof, shall have been sold, conveyed or
otherwise transferred.
(2) In cases
of bankruptcy, receivership or similar situations, such employer shall report
the name and address of the trustee, receiver or other official placed in
charge of the business.
(3) Upon
the death of any employer, the report shall be made by the employer's personal
representative upon the representative's appointment by the court. In the event
no personal representative is appointed, the report shall be made by the heir
or other person who succeeds to the interest of the employer.
(4) In the event of a dissolution of a
partnership or joint venture, such report shall be made by the former partners
or joint venturers.
(5) For
purposes of Paragraph (1) of Subsection B of 11.3.400.409 NMAC, "substantial"
part of a business, shall be any identifiable part which, if considered alone,
would constitute an employing unit as defined in Subsection D of Section
51-1-42
NMSA 1978.
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