A. Except as provided in Subsection D of this section, any taxpayer to whom taxes have been assessed as provided in Section 7-1-17 N.M. Stat. Ann. or upon whom demand for payment has been made as provided in Section 7-1-63 N.M. Stat. Ann. who does not within ninety days after the date of assessment or demand for payment make payment of the undisputed amount, protest the assessment or demand for payment as provided by Section 7-1-24 N.M. Stat. Ann. or furnish security for payment as provided by Section 7- 1-54 NMSA 1978 becomes a delinquent taxpayer and remains such until: (1)     payment of the total amount of all such taxes is made;

Terms Used In New Mexico Statutes 7-1-16

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.

(2)     security is furnished for payment; or

(3)     no part of the assessment remains unabated.

B. Any taxpayer who fails to provide security as required by Subsection D of section 7-1-54 N.M. Stat. Ann. shall be deemed to be a delinquent taxpayer.

C. If a taxpayer files a protest as provided in Section 7-1-24 N.M. Stat. Ann., the taxpayer nevertheless becomes a delinquent taxpayer upon failure of the taxpayer to appear, in person or by authorized representative, at the hearing set or upon failure to perfect an appeal from any decision or part thereof adverse to the taxpayer to the next higher appellate level, as provided in that section, unless the taxpayer makes payment of the total amount of all taxes assessed and remaining unabated or furnishes security for payment.

D. A taxpayer does not become a delinquent taxpayer if the taxpayer has been issued an assessment as a result of a managed audit but is still within the allowed time period to pay the tax due as specified in Paragraph (4) of Subsection A of Section 7-1- 67 NMSA 1978.