Section 7-2A-8 - Credit; income allocation and apportionment. - New Mexico Statutes

7-2A-8. Credit; income allocation and apportionment.

A.     Net income of any taxpayer having income that is taxable both within and without this state shall be apportioned and allocated as follows:   

(1)     except as otherwise provided in Paragraphs (2) through (4) of this subsection, income shall be allocated and apportioned as provided in the Uniform Division of Income for Tax Purposes Act [7-4-1 NMSA 1978];   

(2)     except for gambling winnings, nonbusiness income as defined in the Uniform Division of Income for Tax Purposes Act not otherwise allocated or apportioned under the Uniform Division of Income for Tax Purposes Act shall be equitably allocated or apportioned in accordance with instructions, rulings or regulations of the secretary;   

(3)     other deductions and exemptions allowable in computing federal taxable income and not specifically allocated in the Uniform Division of Income for Tax Purposes Act shall be equitably allocated or apportioned in accordance with instructions, rulings or regulations of the secretary; and   

(4)     gambling winnings that are nonbusiness income and arise from sources within this state shall be allocated to this state.   

B.     For the purposes of this section, "non-New Mexico percentage" means the percentage determined by dividing the difference between the taxpayer's net income and the sum of the amounts allocated or apportioned to New Mexico by that net income.   

C.     A taxpayer may claim a credit in an amount equal to the amount of tax determined to be due under Section 7-2A-5 NMSA 1978 multiplied by the non-New Mexico percentage.