A warrant of levy shall:
A. bear on its face a statement of the authority for its service and compelling compliance with its terms, shall be attested by the secretary by electronic signature, if necessary, unless the warrant is served in electronic format upon a financial institution pursuant to the Electronic Authentication of Documents Act [14-15-1 to 14-15-6 NMSA 1978] and the Uniform Electronic Transactions Act [Chapter 14, Article 16 NMSA 1978] and shall bear the seal of the department;
B. identify the taxpayer whose liability for taxes is sought to be enforced, the amount thereof and the date or approximate date on which the tax became due;
C. order the person on whom it is served to reveal the amount of property or rights to property in the person's possession that belong to the taxpayer and the extent of the person's interest therein and to reveal the amount and kind of property or rights to property of the taxpayer that are, to the best of the person's knowledge, in the possession of others;
D. order the person on whom it is served to surrender the property forthwith but may allow the person to agree in writing to surrender the property or the proceeds therefrom on a certain date in the future when the taxpayer's right to it would otherwise mature;
E. order the employer of the taxpayer to surrender wages or salary of the taxpayer in excess of the amount exempt under Section 7-1-36 NMSA 1978 owed by the employer to the taxpayer at the time of service of the levy and that may become owed by the employer to the taxpayer subsequent to the service of the levy until the full amount of the liability stated on the levy is satisfied or until notified by the secretary or the secretary's delegate;
F. state on its face the penalties for willful failure by any person upon whom it is served to comply with its terms; and
G. state that the state of New Mexico claims a lien for the entire amount of tax asserted to be due, including applicable interest and penalties.
History: 1953 Comp., § 72-13-46, enacted by Laws 1965 , ch. 248, § 34; 1979, ch. 144, § 29; 1986, ch. 20, § 19; 1993, ch. 242, § 2; 2015, ch. 15, § 2.
ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided for warrants of levy to be signed electronically except for those warrants of levy served in electronic format upon a financial institution pursuant to the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act; in Subsection A, after "secretary", added "by electronic signature, if necessary, unless the warrant is served in electronic formation upon a financial institution pursuant to the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act"; in Subsection C, deleted "his" and "his own" and added "the person's" in three places; in Subsection D, after "allow", deleted "him" and added "the person"; and in Subsection E, after "levy and", deleted "which" and added "that", and after "become", deleted "owing" and added "owed".
The 1993 amendment, effective July 1, 1993, added current Subsection E and redesignated former Subsections E and F as Subsections F and G.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d State and Local Taxation §§ 866, 868.
Use of abbreviations in description of land in tax proceedings, 1 A.L.R. 1228.
Sufficiency of description of property on tax rolls or in tax proceedings, by reference to map, plat or survey, 137 A.L.R. 184.
85 C.J.S. Taxation §§ 1037 to 1048.