New Mexico Administrative Code
Title 3 - TAXATION
Chapter 13 - BUSINESS TAX CREDITS
Part 2 - INVESTMENT TAX CREDIT
Section 3.13.2.14 - CREDIT NOT TRANSFERABLE
Universal Citation: 3 NM Admin Code 3.13.2.14
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any amount of investment credit claimed and approved may be applied by the claimant only against the gross receipts, compensating and withholding taxes owed by the claimant. The credit amount may not be transferred to any other person, including an affiliate.
B. Example:
(1) Corporation T sets up a
manufacturing operation in New Mexico. T subsequently qualifies for $50,000 in
investment credit. After applying $13,000 to its own gross receipts,
compensating and withholding tax liabilities, T creates a subsidiary
corporation, S, to own and operate all of T's New Mexico business, including
the manufacturing operation. T may not transfer the $37,000 remaining
authorized investment credit to S nor may S apply any of the remaining tax
credit to S's gross receipts, compensating and withholding tax liability. T, to
the extent T still has gross receipts, compensating and withholding tax
obligations, may apply the $37,000 balance against those obligations.
(2) When two or more corporations merge, the
resultant corporation is a continuation of any predecessor corporation. When a
business organization changes its form, as for example from a sole
proprietorship to a corporation or from a corporation to a limited liability
company, so that the resultant entity is a successor in business to the
predecessor, the resultant entity shall be deemed a continuation of the
predecessor for investment credit purposes. In both cases, since there is no
transfer, the resultant entity may claim any amount of approved but unclaimed
investment credit held by a predecessor.
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