As used in the Withholding Tax Act:

Terms Used In New Mexico Statutes 7-3-2

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

A. “department” means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

B. “employee” means either an individual domiciled within the state who performs services either within or without the state for an employer or, to the extent permitted by law, an individual domiciled outside of the state who performs services within the state for an employer;

C. “employer” means a person or an officer, agent or employee of that person having control of the payment of wages, doing business in or deriving income from sources within the state for whom an individual performs or performed any service as the employee of that person, except that if the person for whom the individual performs or performed the services does not have control over the payment of the wages for such services, “employer” means the person having control of the payment of wages;

D. “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended;

E. “payee” means an individual to whom a payor is making a pension or annuity payment;

F. “payor” means a person making payment of a pension or annuity to an individual domiciled in New Mexico;

G. “payroll period” means a period for which a payment of wages is made to an employee by the employee’s employer;

H. “person” means an individual, a club, a company, a cooperative association, a corporation, an estate, a firm, a joint venture, a partnership, a receiver, a syndicate, a trust or other association, a limited liability company, a limited liability partnership or a gas, water or electric utility owned or operated by a county or municipality and, to the extent permitted by law, a federal, state or other governmental unit or subdivision or an agency, a department or an instrumentality thereof;

I. “wagerer” means any person who receives winnings that are subject to withholding;

J. “wages” means remuneration in cash or other form for services performed by an employee for an employer;

K. “winnings that are subject to withholding” means “winnings which are subject to withholding” as that term is defined in Section 3402 of the Internal Revenue Code;

L. “withholdee” means:

(1)     an individual domiciled in New Mexico receiving a pension or annuity from which an amount of tax is deducted and withheld pursuant to the Withholding Tax Act;

(2)     an employee; and

(3)     a wagerer; and

M. “withholder” means a payor, an employer or any person required to deduct and withhold from winnings that are subject to withholding.

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