Section 53-8-28 - Shares of stock and dividends prohibited; exemption from franchise tax. - New Mexico Statutes

53-8-28. Shares of stock and dividends prohibited; exemption from franchise tax.

A.     A corporation shall not have or issue shares of stock. No dividend shall be paid and no part of the income, profit or assets of a corporation shall be distributed to its members, directors or officers.  A corporation may pay compensation in a reasonable amount to its members, directors or officers for services rendered and may confer benefits upon its members in conformity with its purposes and upon dissolution or final liquidation may make distributions as permitted by the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978].   

B.     A corporation incorporated under the Nonprofit Corporation Act shall not be subject to or required to pay a franchise tax unless the corporation receives unrelated business income, as that term is defined in the Internal Revenue Code of 1986, as amended.