New Mexico Statutes

N.M. Stat. § 7-1-67 (2026)

Interest on deficiencies.

✓ current as of May 2026
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A. If a tax imposed is not paid on or before the day on which it becomes due,
interest shall be paid to the state on that amount from the first day following the day on
which the tax becomes due, without regard to any extension of time or installment
agreement, until it is paid, except that:

       (1)     for income tax imposed on a member of the armed services of the United
States serving in a combat zone under orders of the president of the United States,
interest shall accrue only for the period beginning the day after any applicable extended
due date if the tax is not paid;

        (2)   if the amount of interest due at the time payment is made is less than one
dollar ($1.00), then no interest shall be due;

       (3)     if demand is made for payment of a tax, including accrued interest, and if
the tax is paid within ten days after the date of the demand, no interest on the amount
paid shall be imposed for the period after the date of the demand;

       (4)    if a managed audit is completed by the taxpayer on or before the date
required, as provided in the agreement for the managed audit, and payment of any tax
found to be due is made in full within one hundred eighty days of the date the secretary
has mailed or delivered an assessment for the tax to the taxpayer, no interest shall be
due on the assessed tax;

        (5)    when, as the result of an audit or a managed audit, an overpayment of a
tax is credited against an underpayment of tax pursuant to Section 7-1-29 NMSA 1978,
interest shall accrue from the date the tax was due until the tax is deemed paid;

        (6)     if the department does not issue an assessment for the tax program and
period within the time provided in Subsection D of Section 7-1-11.2 NMSA 1978,
interest shall be paid from the first day following the day on which the tax becomes due
until the tax is paid, excluding the period between either:

          (a) the one hundred eightieth day after giving a notice of outstanding records
or books of account and the date of the assessment of the tax; or

          (b) the ninetieth day after the expiration of the additional time requested by
the taxpayer to comply pursuant to Section 7-1-11.2 NMSA 1978, if such request was
granted, and the date of the assessment of the tax; and
       (7)   if the taxpayer was not provided with proper notices as required in Section
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1994–2025 · leading case: ITT Educ. Servs., Inc. v. Taxation & Revenue Dep't, 959 P.2d 969 (N.M. Ct. App. 1998).
ITT Educ. Servs., Inc. v. Taxation & Revenue Dep't, 959 P.2d 969 (N.M. Ct. App. 1998). · cites it 2× “NMSA 1978, § 7-1-69 (1997) (assessing penalties); NMSA 1978, § 7-1-67 (1996) (assessing interest).”
Amoco Prod. Co. v. New Mexico Taxation & Revenue Dep't, 878 P.2d 1021 (N.M. Ct. App. 1994). · cites it 8× “The Department calculates and assesses interest owed for late payment of taxes, see § 7-1-67, based on the 0-2 forms. If the actual wellhead price for the reporting period is less than that originally estimated by Taxpayer, Taxpayer can apply for a refund of the excess tax paid.”
GEA Integrated Cooling Tech. v. State Taxation & Revenue Dep't, 2012 NMCA 10 (N.M. Ct. App. 2011). · cites it 2× “{23} To the extent that both the Department and Taxpayer cite to Bradbury & Stamm as authority for how the penalty cap should be calculated, we note that Bradbury & Stamm is a case about the change in an interest rate, not a penalty.”
State ex rel. Shell W. E & P, Inc. v. Chavez, 2002 NMCA 005 (N.M. Ct. App. 2001). · cites it 6× “Section 7-1-69 relates to the imposition of civil penalties for failure to pay taxes or file a return. Section 7-l-69(C) assesses a civil fraud penalty and states as follows: C.”
State Ex Rel. Shell W. v. Chavez, 38 P.3d 886 (N.M. Ct. App. 2001). · cites it 6× “Section 7-1-69(C) assesses a civil fraud penalty and states as follows: C.”
Amoco Prod. Co. v. New Mexico Taxation & Revenue Dep't, 74 P.3d 96 (N.M. Ct. App. 2003). “Even assuming that the plant operators failed to timely fulfill their tax responsibilities, nothing in Sections 7-1-67(A) or 7-33-8 indicates that a plant operator’s failure to timely remit monthly taxes absolves Producers of their NGPT obligations.”
Active Solutions v. Taxation & Revenue Dep't (N.M. Ct. App. 2020). · cites it 2× “19(C)(1) NMAC”; (2) “[s]ince Taxpayer was not a disclosed agent under [that statute and regulation], Taxpayer’s receipts derived from providing [f]amily [l]iving [s]ervices under the DD Waiver [Program] were taxable gross receipts”; (3) “[u]nder NMSA 1978, Section 7-1-67…”
Bonney v. N.M. Tax'n & Revenue Dep't (N.M. Ct. App. 2025). · cites it 2× “See NMSA 1978, § 7-1-67(A) (2013) (“If a tax imposed is not paid on or before the day on which it becomes due, interest shall be paid to the state on that amount from the first day following the day on which the tax becomes due .”
N.M. Stat. § 7-1-67(A): 3 cases
Amoco Prod. Co. v. New Mexico Taxation & Revenue Dep't, 878 P.2d 1021 (N.M. Ct. App. 1994). “The Department calculates and assesses interest owed for late payment of taxes, see § 7-1-67, based on the 0-2 forms. If the actual wellhead price for the reporting period is less than that originally estimated by Taxpayer, Taxpayer can apply for a refund of the excess tax paid.”
Amoco Prod. Co. v. New Mexico Taxation & Revenue Dep't, 74 P.3d 96 (N.M. Ct. App. 2003). “Even assuming that the plant operators failed to timely fulfill their tax responsibilities, nothing in Sections 7-1-67(A) or 7-33-8 indicates that a plant operator’s failure to timely remit monthly taxes absolves Producers of their NGPT obligations.”
Bonney v. N.M. Tax'n & Revenue Dep't (N.M. Ct. App. 2025). “See NMSA 1978, § 7-1-67(A) (2013) (“If a tax imposed is not paid on or before the day on which it becomes due, interest shall be paid to the state on that amount from the first day following the day on which the tax becomes due .”
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