New Mexico
NM · state · 17 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | ESCAPES: trustee/administration test per the state's own instructions; a NV-sited ING is nonresident with no NM-source income. Medium confidence: the rule lives in guidance, not statute. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed | sources (3)N.M. Taxation & Revenue Dept., FID-1 instructions (trust domicile rule); NMSA 7-2-2 · medium confidence · as of 2026-07-13 · TY 2026 New Mexico fixes trust domicile at the trustee's domicile or the principal place of administration A trust is domiciled in New Mexico if the trustee is a resident of New Mexico or if the principal place from which the trust is managed or administered is in New Mexico. Note: NMSA 7-2-2 folds trusts into 'individual' without a trust-residency definition; the operative rule is the department's. https://www.tax.newmexico.gov/all-nm-taxes/2020/10/23/fiduciary-income-tax-for-trusts-and-estates/IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026 IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelimIRC §665(c) · high confidence · as of 2026-07-13 · TY 2026 IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust (1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust. Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim |
| estate-none | Estate and inheritance tax | None | sources (1)New Mexico Taxation and Revenue Department, Estate, Trust, and Fiduciary Income Tax page · high confidence · as of 2026-07-02 · TY 2025 NM estate tax (federal pickup) phased out as of Jan 1, 2005 New Mexico's Estate Tax is phased out due to federal tax law changes as of January 1, 2005. Note: Same page also states verbatim: 'Note: New Mexico does not impose an inheritance tax'. https://www.tax.newmexico.gov/all-nm-taxes/2020/10/23/fiduciary-income-tax-for-trusts-and-estates/ |
| rate | Top income tax rate (TY2025) | 1.5% to 5.9% graduated (5.9% above $315,000 MFJ) | sources (1)NMSA §7-2-7 · medium confidence · as of 2026-06-10 · TY 2025 New Mexico top income tax rate is 5.9% on income above $315,000 (MFJ, TY2025) For taxable years beginning on or after January 1, 2025, a tax is imposed upon the net income of every individual resident at the following rates: 1.5% to $8,000; 3.2% from $8,001 to $25,000; 4.3% from $25,001 to $50,000; 4.7% from $50,001 to $100,000; 4.9% from $100,001 to $315,000; and 5.9% above $315,000, for married individuals filing jointly. Note: NM uses federal AGI minus federal standard or itemized deductions (PIT-1 line 12) as the base. https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=252&year=24 |
| character | Net capital gain deduction (TY2025+) | Greater of min(net capital gain, $2,500), all asset types, or 40% of up to $1M of NM business-sale gain (HB 252 gutted the prior general 40%) | sources (1)NMSA §7-2-34 (as amended by HB 252, 2024 session, Section 8) · high confidence · as of 2026-07-03 · TY 2025 New Mexico net capital gain deduction is the greater of min(net capital gain, $2,500) or 40% of up to $1M of NM business-sale gain (TY2025+) a deduction from net income in an amount equal to the greater of: (1) the taxpayer's net capital gain income for the taxable year... but not to exceed two thousand five hundred dollars ($2,500); or (2) forty percent of up to one million dollars ($1,000,000) of the taxpayer's net capital gain income from the sale of a business that is allocated or apportioned to New Mexico pursuant to Section 7-2-11 NMSA 1978 Note: HB 252 gutted the prior 40% general exclusion for TY2025 ('Sections 5, 8, 10 and 32 through 37 of this act apply to taxable years beginning on or after January 1, 2025'). The $2,500 prong applies to ALL asset types (net capital gain takes the IRC 1222(11) definition per subsection C), not just publicly traded securities; it is de minimis for large-gain filers. The 40% prong survives only for up to $1M of gain from the sale of a New Mexico-apportioned business. https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0252.PDF |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: NMSA §7-2-2 definition of 'state or local bond' excludes New Mexico bonds; NM bond interest not in NM base income | sources (1)NMSA 1978 §7-2-2(B)(3) and §7-2-2 (definition of 'state or local bond') · high confidence · as of 2026-07-02 · TY 2025 NM taxes out-of-state muni bond interest; NM bonds exempt NMSA §7-2-2 'base income' also includes interest received on a state or local bond; ... 'state or local bond' means a bond issued by a state other than New Mexico or by a local government other than one of New Mexico's political subdivisions, the interest from which is excluded from income for federal income tax purposes under Section 103 of the Internal Revenue Code, as that section may be amended or renumbered; Note: NMSA §7-2-2 (as amended by HB 368, 2023) adds 'state or local bond' interest to base income and defines the term to cover only NON-New Mexico bonds: out-of-state muni interest is taxable, NM state and local bond interest stays out of the base by definition. https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0368.pdf#page=1 |
| muni-outstate | Out-of-state muni bond interest | Taxable: NMSA §7-2-2(B)(3) includes 'state or local bond' interest (bonds of other states) in NM base income | sources (1)NMSA 1978 §7-2-2(B)(3) and §7-2-2 (definition of 'state or local bond') · high confidence · as of 2026-07-02 · TY 2025 NM taxes out-of-state muni bond interest; NM bonds exempt NMSA §7-2-2 'base income' also includes interest received on a state or local bond; ... 'state or local bond' means a bond issued by a state other than New Mexico or by a local government other than one of New Mexico's political subdivisions, the interest from which is excluded from income for federal income tax purposes under Section 103 of the Internal Revenue Code, as that section may be amended or renumbered; Note: NMSA §7-2-2 (as amended by HB 368, 2023) adds 'state or local bond' interest to base income and defines the term to cover only NON-New Mexico bonds: out-of-state muni interest is taxable, NM state and local bond interest stays out of the base by definition. https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0368.pdf#page=1 |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity | sources (1)NMSA 1978 §7-2-2(A) · medium confidence · as of 2026-07-02 · TY 2025 New Mexico conforms to IRC §1400Z-2 QOZ gain deferral and exclusion A. "adjusted gross income" means adjusted gross income as defined in Section 62 of the Internal Revenue Code, as that section may be amended or renumbered; ... J. "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended; Note: NMSA §7-2-2 defines New Mexico income by reference to rolling federal AGI under IRC §62 (with §7-2-2(J) adopting the IRC 'as amended'), so §1400Z-2 QOZ deferral and exclusion flow through; no NM addback found. Confidence medium: conformity mechanism verified verbatim, QOZ-specific text does not exist in NM statute. https://www.nmlegis.gov/Sessions/23%20Regular/bills/house/HB0368.HTML |
| qsbs-conformity | QSBS conformity (IRC §1202) | Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback | sources (1)NMSA 1978 §7-2-2(A) · medium confidence · as of 2026-07-02 · TY 2025 New Mexico conforms to IRC §1202 QSBS gain exclusion A. "adjusted gross income" means adjusted gross income as defined in Section 62 of the Internal Revenue Code, as that section may be amended or renumbered; ... J. "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended; Note: NMSA §7-2-2 defines New Mexico income by reference to rolling federal AGI under IRC §62 (with §7-2-2(J) adopting the IRC 'as amended'), so federally excluded §1202 QSBS gain never enters the NM base; no NM addback found. Confidence medium: conformity mechanism verified verbatim, QSBS-specific text does not exist in NM statute. https://www.nmlegis.gov/Sessions/23%20Regular/bills/house/HB0368.HTML |
| agency-obligations | FNMA/FHLMC bond interest | Taxable: New Mexico base income starts from federal AGI (which includes FNMA/FHLMC interest); no NM subtraction exists for GSE interest lacking a federal bondholder preemption | sources (1)NMSA 1978 §7-2-2(A) · medium confidence · as of 2026-07-02 · TY 2025 New Mexico taxes FNMA and FHLMC bond interest: NM base income starts from federal AGI, which includes FNMA/FHLMC interest; no NM subtraction is available for GSE interest lacking a federal bondholder preemption 'adjusted gross income' means adjusted gross income as defined in Section 62 of the Internal Revenue Code, as that section may be amended or renumbered; Note: New Mexico base income starts from federal AGI. FNMA and FHLMC bond interest is INCLUDED in federal AGI (not IRC §103-excluded). NMSA §7-2-2 adds back IRC §103-excluded interest from other states but does not provide a separate exemption for GSE interest. No NM TRD named-entity publication found; confidence: medium. https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0368.pdf#page=1 |
| dividend-qualified | Qualified dividend rate (IRC §1(h)(11)) | Ordinary rate: New Mexico has no IRC §1(h)(11) preferential rate; the §7-2-34 LT capital gain deduction applies only to gains from asset sales, not dividend income; taxed at ordinary rates up to 5.9% | sources (1)NMSA §7-2-7 · medium confidence · as of 2026-06-10 · TY 2025 New Mexico top income tax rate is 5.9% on income above $315,000 (MFJ, TY2025) For taxable years beginning on or after January 1, 2025, a tax is imposed upon the net income of every individual resident at the following rates: 1.5% to $8,000; 3.2% from $8,001 to $25,000; 4.3% from $25,001 to $50,000; 4.7% from $50,001 to $100,000; 4.9% from $100,001 to $315,000; and 5.9% above $315,000, for married individuals filing jointly. Note: NM uses federal AGI minus federal standard or itemized deductions (PIT-1 line 12) as the base. https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=252&year=24 |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from New Mexico income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from New Mexico income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| community-property | Community property state | Community property state: property acquired during marriage is community property; each spouse owns one-half (N.M. Stat. Ann. § 40-3-8); income from separate property is also treated as community property in New Mexico | sources (1)N.M. Stat. Ann. § 40-3-8 · high confidence · as of 2026-06-21 · TY 2025 New Mexico is a community property state: property acquired by either spouse during marriage is community property (N.M. Stat. Ann. § 40-3-8) Property acquired by either or both spouses during marriage and that is not separate property is community property. Note: New Mexico is a community property state since statehood (1912). N.M. Stat. Ann. § 40-3-8 is the primary statute. Income from separate property is also treated as community property in NM (unlike most other community property states). Spouses may agree to change the character of property. https://www.nmlegis.gov/ |
| filing-status-partial | Filing status: partial MFJ bracket widening | Yes: New Mexico graduated income tax up to 5.9% (NMSA §7-2-7, TY2025); MFJ brackets cited; partial widening relative to single filer inferred from the graduated structure; single-filer thresholds not separately cited in this record. | sources (1)NMSA §7-2-7 · medium confidence · as of 2026-06-10 · TY 2025 New Mexico top income tax rate is 5.9% on income above $315,000 (MFJ, TY2025) For taxable years beginning on or after January 1, 2025, a tax is imposed upon the net income of every individual resident at the following rates: 1.5% to $8,000; 3.2% from $8,001 to $25,000; 4.3% from $25,001 to $50,000; 4.7% from $50,001 to $100,000; 4.9% from $100,001 to $315,000; and 5.9% above $315,000, for married individuals filing jointly. Note: NM uses federal AGI minus federal standard or itemized deductions (PIT-1 line 12) as the base. https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=252&year=24 |
| migration-loss-conformity | Migration loss carryforward conformity | Full conform (structural inference): New Mexico computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward. | sources (1)New Mexico Taxation and Revenue Department, Personal Income Tax Information Overview · medium confidence · as of 2026-07-03 · TY 2025 New Mexico conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference Personal income tax in New Mexico starts with the Federally Adjusted Gross Income (FAGI) from your federal return. Note: The New Mexico Taxation and Revenue Department states personal income tax starts with federal adjusted gross income, so the federal section 1212 capital-loss base carries through. No published guidance addresses the imported pre-residency carryforward; that piece stays a structural inference. https://www.tax.newmexico.gov/individuals/personal-income-tax-information-overview/ |