2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5B - Uniform Power of Attorney
Part 2
Section 45-5B-216 - Taxes.

Universal Citation: NM Stat § 45-5B-216 (2021)

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

A. prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Section 2032A of the Internal Revenue Code of 1986, as amended, closing agreements and any power of attorney required by the internal revenue service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;

B. pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the internal revenue service or other taxing authority;

C. exercise any election available to the principal under federal, state, local or foreign tax law; and

D. act for the principal in all tax matters for all periods before the internal revenue service or other taxing authority.

History: Laws 2007, ch. 135, § 216; 1978 Comp., § 46B-1-216 recompiled as § 45-5B-216 by Laws 2011, ch. 124, § 102.

ANNOTATIONS

Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-216 NMSA 1978 as 45-5B-216 NMSA 1978, effective January 1, 2012.

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