Section 7-1-63 - Assessment of tax due; application of payment. - New Mexico Statutes

7-1-63. Assessment of tax due; application of payment.

A.     If, after any business is transferred to a successor, any tax from operating the business for which the former owner is liable remains due, the successor shall pay the amount due within thirty days. If the successor fails to pay within thirty days of the date notice provided for in Section 7-1-62 NMSA 1978 was mailed or if a certificate was not requested, the department shall assess the successor the amount due.   

B.     Upon the payment of the amount due from the amount placed in a trust account as provided by Subsection C of Section 7-1-61 NMSA 1978, the balance, if any, remaining may be released to the former owner or otherwise lawfully disposed of. The former owner shall be credited with the payment of tax.   

C.     A successor may discharge an assessment made pursuant to this section by paying to the department the full value of the transferred tangible and intangible property. The successor shall remain liable for the amount assessed, however, until the amount is paid if:   

(1)     the business has been transferred to evade or defeat any tax;   

(2)     the transfer of the business amounts to a de facto merger, consolidation or mere continuation of the transferor's business; or   

(3)     the successor has assumed the liability.