A taxpayer may dispute the taxpayer's liability for taxes only by protesting the assessment of taxes as provided in Section 7-1-24 NMSA 1978 without making payment or by claiming a refund as provided in Section 7-1-26 NMSA 1978 after making payment of the taxes the department asserts are owed. The pursuit of one of the two remedies constitutes an unconditional waiver of the right to pursue the other.
History: 1953 Comp., § 72-13-37, enacted by Laws 1965, ch. 248, § 25; 1979, ch. 144, § 22; 2013, ch. 27, § 5; 2017, ch. 63, § 24; 2019, ch. 157, § 2.
ANNOTATIONSThe 2019 amendment, effective June 14, 2019, clarified certain provisions related to disputing tax liabilities; after "A taxpayer", deleted "must elect to" and added "may", after "taxpayer's liability for", deleted "the payment of", after the next occurrence of "taxes", deleted "either" and added "only", after "without making payment", deleted "of the disputed tax liability", and after "making payment of the", deleted "disputed tax liability" and added "taxes the department asserts are owed".
The 2017 amendment, effective June 16, 2017, after each occurrence of "making payment", added "of the disputed tax liability".
The 2013 amendment, effective July 1, 2013, at the beginning of the title, added "Disputing liabilities".