New Mexico Administrative Code
Title 3 - TAXATION
Chapter 4 - CORPORATE INCOME TAXES
Part 14 - TAX CREDITS
Section 3.4.14.9 - CORPORATE-SUPPORTED DAY CARE CREDIT

Universal Citation: 3 NM Admin Code 3.4.14.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Dependent defined. Dependent for purposes of Section 7-2A-14 NMSA 1978 is a child under the age of twelve years who is a dependent as defined in Section 152 of the Internal Revenue Code, as amended or renumbered, and also includes a child of divorced or legally separated parents where the parents meet all the requirements of Section 44A(f)5 of the Internal Revenue Code, as amended or renumbered.

B. Allowable credit; partial offset.

(1) Any receipts of a corporation from an employee for the use of the child care facility shall be considered as a reduction of the allowable expenses for computing the child care credit.

(2) Example: The Spruce corporation receives from employees a nominal fee for use of the child care facility provided by the corporation. The total expenses incurred by the corporation in this taxable year were $12,000. The receipts from the employees amount to $600. Therefore, the allowable tax credit to the corporation is $3,420 computed as follows:

Total expenses incurred

$ 12,000

Less: Receipts from employees

- 600

Net expenses paid

$ 11,400

At 30%, Allowable credit

$ 3,420

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