A. Every employer shall file with the department an annual statement of withholding for each employee. The statement shall be in a form prescribed by the department, except employers with twenty-five or more employees shall file statements using a department-approved electronic medium. The statement shall be filed with the department on or before the last day of January of the year following that for which the statement is made. It shall include the total compensation paid the employee and the total amount of tax withheld for the calendar year or portion of a calendar year if the employee has worked less than a full calendar year.

B. Every payer shall file with the department an annual statement of withholding for each individual from whom some portion of a pension or an annuity has been deducted and withheld by that payer. The statement shall be in a form prescribed by the department, except employers with twenty-five or more employees shall file statements using a department-approved electronic medium. The statement shall be in a form prescribed by the department and shall be filed with the department on or before the last day of January of the year following that for which the statement is made. It shall include the total amount of pension or annuity paid to the individual and the amount of tax withheld for the calendar year.

C. Every person required to deduct and withhold tax from a payment of winnings that are subject to withholding shall file with the department an annual statement of withholding for each wagerer from whom some portion of a payment of winnings has been deducted and withheld by that person. The statement shall be filed using a department-approved electronic medium and shall be filed with the department on or before the last day of January of the year following that for which the statement is made. It shall include the total amount of winnings paid to the individual and the amount of tax withheld for the calendar year. The department may also require any person who is required to submit an information return to the internal revenue service regarding the winnings of another person to submit copies of the return to the department.

History: 1953 Comp., § 72-15-56, enacted by Laws 1961, ch. 243, § 8; 1990, ch. 64, § 5; 1996, ch. 16, § 6; 2010, ch. 53, § 6; 2018, ch. 59, § 1.

The 2018 amendment, effective May 16, 2018, required all employers to submit annually statements of withholding for each employee, and required certain employers to file statements of withholding electronically; in Subsection A, deleted "Except for employers required to file quarterly withholding information returns pursuant to the Withholding Tax Act or required to file a wage and contribution report to the workforce solutions department pursuant to Section 51-1-12 NMSA 1978", after "employer shall file", added "with the department", after "prescribed by the department", deleted "and" and added "except employers with twenty-five or more employees shall file statements using a department-approved electronic medium. The statement", and after "the last day of", deleted "February" and added "January"; in Subsection B, deleted "Except for payors who file the quarterly withholding information returns pursuant to the Withholding Tax Act", after "payor shall file", added "with the department", deleted "This" and added "The statement shall be in a form prescribed by the department, except employers with twenty-five or more employees shall file statements using a department-approved electronic medium. The", and after "before the last day of", deleted "February" and added "January"; and in Subsection C, after "shall file", added "with the department", after "The statement shall be", deleted "in a form prescribed by the department" and added "filed using a department-approved electronic medium", and after "before the last day of", deleted "February" and added "January".

Applicability. — Laws 2018, ch. 59, § 2 provided that the provisions of Laws 2018, ch. 59, § 1 apply to taxable years beginning on or after January 1, 2019.

The 2010 amendment, effective May 19, 2010, in Subsection A, in the first sentence, added the language preceding "every employer shall file an annual statement"; and in Subsection B, in the first sentence, added the language preceding "every payor shall file an annual statement".

Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011.

The 1996 amendment, effective April 1, 1996, added Subsection C.

The 1990 amendment, effective July 1, 1990, designated the former section as Subsection A, substituting therein "department" for "bureau" in two places and "the last day of February" for "February 15" in the second sentence, and added Subsection B.