A. Except as otherwise provided in Subsection C of this section, an individual whose state income tax liability after application of allowable credits and tax rebates in a year is lower than the amount of money held by the department to the credit of the individual for that tax year may designate a portion of the income tax refund due to the individual to be contributed for assistance to members of the New Mexico national guard and to their families. In the case of a joint return, both individuals must make such a designation.

B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

"National Guard Member and Family Assistance Check [ ] if you wish to contribute a part or all of your tax refund for assistance to members of the New Mexico national guard and to their families. Enter here $_____ the amount of your contribution.".

C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act [Chapter 7, Article 2C NMSA 1978], and any designation made under the provisions of this section to such refunds is void.

History: Laws 2005, ch. 220, § 2; 2015, ch. 150, § 2; 2018, ch. 4, § 2.

The 2018 amendment, effective July 1, 2018, changed the eligibility requirements for National Guard members to receive assistance from income tax refund contributions; in Subsection A, after "New Mexico national guard", deleted "activated for overseas service"; and in Subsection B, after "New Mexico national guard", deleted "activated for overseas service".

The 2015 amendment, effective April 10, 2015, authorized a designation of tax refund contribution for assistance to members of the New Mexico national guard activated for overseas service; and in Subsections A and B, after "activated for", added "overseas", and after "service", deleted "in the global war on terrorism".