Sat Mar 8 5:33PM - 13 days, 17 hours left in session

House Bill 14

Earned Income Tax Credit [view on nmlegis.gov]

Financial Analysis: FIR


Sponsors
Rep. Derrick J. Lente 65 Rio Arriba, Sandoval & San Juan
Rep. Javier Martínez 11 Bernalillo

Status
HCEDCPassed, Feb 12, with Do Pass recommendation
HTRCWas scheduled for Feb 17. No vote recorded. Presumed stalled.


"Official" History

This is the official nmlegis action history. I'm doing my best to translate the LONG/WEIRD-STRING to something less gibberishy. And before you ask, no, the "Legis Day" number has no mapping to the real world.

Actions: [4] HCEDC/HTRC-HCEDC [5] DP-HTRC

Legis DayActionDetails
4 referred HCEDC/HTRC
4 sent HCEDC
5 passed HCEDC (view committee report) DP 10-0
5 sent HTRC


This table shows bill actions detected on Ed's system, using heuristics that may not be 100% accurate and which may not reflect the "official" nmlegis chronology. It is probably more than you care to know.

Feb 5 filed: [Prefiled by Derrick J. Lente et al; not yet on nmlegis]
[new]
sent to HCEDC
title: '[prefiled by Derrick J. Lente Et Al; Not Yet on Nmlegis]' -> 'Earned Income Tax Credit'
actions: 'HPREF' -> '[4] HCEDC/HTRC-HCEDC'
new sponsor: Derrick J. Lente
new sponsor: Javier Martínez
Feb 6 added to HCEDC agenda on Wed Feb 12, 13:30
Feb 13 passed HCEDC; sent to HTRC
actions: '[4] HCEDC/HTRC-HCEDC' -> '[4] HCEDC/HTRC-HCEDC [5] DP-HTRC'
Feb 14 scheduled for HTRC on Mon Feb 17, 08:30

HOUSE BILL 14

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Derrick J. Lente and Javier Martínez

 

 

 

 

 

AN ACT

RELATING TO TAXATION; REPEALING THE WORKING FAMILIES TAX CREDIT AND ENACTING THE EARNED INCOME TAX CREDIT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-2-18.15 NMSA 1978 (being Laws 2007, Chapter 45, Section 9, as amended) is repealed and a new Section 7-2-18.15 NMSA 1978 is enacted to read:

     "7-2-18.15. [NEW MATERIAL] EARNED INCOME TAX CREDIT.--

          A. The credit provided by this section may be referred to as the "earned income tax credit". A taxpayer who is an eligible individual may claim the earned income tax credit against the taxpayer's tax liability imposed pursuant to the Income Tax Act in an amount equal to the credit percentage of so much of the taxpayer's earned income for the taxable year as does not exceed the earned income amount; provided that the amount of the credit shall not exceed the excess of:

                (1) the credit percentage of the earned income amount; over

                (2) the phaseout percentage of so much of the adjusted gross income or, if greater, the earned income, of the taxpayer for the taxable year as exceeds the phaseout amount.

          B. The credit percentage and the phaseout percentage shall be determined as follows:

In the case of a taxpayer       The credit      The phaseout

with:                           percentage is:  percentage is:

1 qualifying child              10.2%           4.8%

2 qualifying children           12%             6.3%

3 or more qualifying children   13.5%           6.3%

No qualifying children          2.3%            1.8%.

          C. Except as provided in Subsections E and F of this section, the earned income amount and the phaseout amount shall be determined as follows:

In the case of a taxpayer       The earned      The phaseout

with:                           income amount   amount is:

                                is:

1 qualifying child              $11,000         $31,000

2 or more qualifying children   $15,200         $35,200

No qualifying children          $8,000          $25,000.

          D. For married individuals filing joint returns, the phaseout amount shall be increased by five thousand dollars ($5,000).

          E. Except as provided in Subsection F of this section, if the greater of an eligible individual's earned income or adjusted gross income is less than the earned income amount and the amount of credit is less than one hundred dollars ($100), the amount of the credit shall be one hundred dollars ($100).

          F. For the 2026 taxable year and each subsequent taxable year, the earned income amounts and phaseout amounts shown in the table in Subsection C of this section and the amount of credit provided in Subsection E of this section shall be adjusted to account for inflation. The department shall make the adjustment by multiplying each amount of credit by a fraction, the numerator of which is the consumer price index ending during the prior taxable year and the denominator of which is the consumer price index ending in taxable year 2025. The result of the multiplication shall be rounded to the nearest ten dollars ($10.00), except that if the result would be an amount less than the corresponding amount for the preceding taxable year, then no adjustment shall be made.

          G. The secretary shall reflect the provisions of Subsections B and C of this section in tables that shall have income brackets of not greater than fifty dollars ($50.00) each for:

                (1) earned income between zero and the amount of earned income at which the credit is phased out under Subsection C of this section; and

                (2) adjusted gross income between the dollar amount at which the phase out begins under Subsection C of this section and the amount of adjusted gross income at which the credit is phased out under that subsection.

          H. That portion of credit that exceeds a taxpayer's tax liability in the taxable year in which the credit is claimed shall be refunded. A refund made to a taxpayer pursuant to this section shall not be treated as income.

          I. A taxpayer allowed a tax credit pursuant to this section shall report the amount of the credit to the department in a manner required by the department.

          J. The credit provided by this section shall be included in the tax expenditure budget pursuant to Section 7-1-84 NMSA 1978, including the total annual aggregate cost of the credit.

           K. As used in this section:

                (1) "earned income" means "earned income" as defined in 26 U.S.C. 32(c)(2);

                (2) "eligible individual" means a resident who is:

                     (a) an "eligible individual" pursuant to the federal earned income tax credit who is eligible to claim the federal earned income tax credit in the taxable year; or

                     (b) an individual who would have been eligible for the federal earned income tax credit but for the: 1) identification number requirement pursuant to 26 U.S.C. 32(m), as that section may be amended or renumbered; or 2) the age requirement pursuant to 26 U.S.C. 32(c)(1)(A)(ii)(II), as that section may be amended or renumbered; provided that the taxpayer is at least eighteen years of age but has not reached the age of twenty-five;

                (3) "federal earned income tax credit" means the federal tax credit allowed pursuant to 26 U.S.C. 32, as that section may be amended or renumbered; and

                (4) "qualifying child" means "qualifying child" as defined by Section 152(c) of the Internal Revenue Code, as that section may be amended or renumbered, but includes any minor child or stepchild of the taxpayer who would be a qualifying child for federal income tax purposes if the public assistance contributing to the support of the child or stepchild was considered to have been contributed by the taxpayer."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to taxable years beginning on or after January 1, 2025.

- 5 -


Legislators: Democratic sponsorship Republican sponsorship Bipartisan sponsorship This indicates your legislator
(Highlights bills they sponsor, committees they sit in)
Bill Rows: Active -- hearings scheduled (NN) - sequence number in agenda Inactive -- no hearings scheduled
Bill Progress: Passed Failed Vote Tabled
Incomplete Data: Heard(?)
(was scheduled for hearing recently)
Heard Long Ago
(was scheduled for hearing many days ago)
(There is very little I can do about these because nmlegis.gov does not report real-time results)

This site pulls data from nmlegis.gov but is in no way associated with that site or the state of New Mexico. It's just a labor of love by Ed.

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