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State Tax Disputes
The primary state tax program that most businesses have to deal with is the state gross receipts tax, or “GRT.” There are numerous exemptions and deductions to GRT. Many of those exemptions or deductions are not clear, and the TRD often interprets the statutes and its own regulations incorrectly.
In addition to issues regarding whether state taxes are owed in the first place, many businesses need assistance in dealing with how to contest or protest a tax, how to request a refund, and how to settle a disputed tax assessment. There are also many issues regarding determining who, or which entity, is liable for a particular tax assessment, and how to work with the NMTRD regarding payment options.
Unlike the IRS, the TRD does not have any mechanism to “offer and compromise” taxes. The New Mexico Constitution prohibits the state government from waiving or forgiving any debt.
However, an experienced attorney in issues of New Mexico state taxation can often help a business to continue while addressing issues of liability and collectibility of state taxes.
Don Harris was an attorney with the New Mexico Taxation and Revenue Department for nearly ten years. He represented the NMTRD before the Department’s Hearing Officers and in state and federal court. He wrote several of the statutes and regulations that the NMTRD relies on to this day.
At New Mexico Financial and Family Law, we may be able to find solutions to your New Mexico state tax problem when others may not be able to identify a solution.