A national laboratory is eligible for a tax credit in an amount equal to qualified expenditures if:

A. the small business assistance is rendered to a small business located in New Mexico;

B. the small business assistance is completed;

C. the small business certifies to the national laboratory that the small business assistance provided is not otherwise available to the small business at a reasonable cost through private industry;

D. the national laboratory provides written notice to each small business to which the laboratory or a contractor of the laboratory is providing small business assistance that the small business is entitled to license intangible property developed from the small business assistance or can obtain ownership of tangible or intangible property developed from the small business assistance;

E. the national laboratory requires small businesses to which it is providing small business assistance to acknowledge only after the small business assistance is completed that the small business assistance has been rendered; and

F. the national laboratory provides forms for small business requests and for completion of small business assistance that are in accordance with the Laboratory Partnership with Small Business Tax Credit Act and other applicable state and federal laws.

History: Laws 2000 (2nd S.S.), ch. 20, § 5; 2007, ch. 172, § 16; 2019, ch. 64, § 2.

The 2019 amendment, effective July 1, 2019, required a national laboratory to provide written notice to a small business receiving assistance of the business's entitlement to license intangible property developed from the small business assistance or to obtain ownership of the tangible or intangible property developed from the small business assistance; and in Subsection D, after "small business to which", added "the laboratory or a contractor of the laboratory", after "providing small business assistance", deleted "of the option", after the next occurrence of "small business", deleted "has to obtain ownership of or" and added "is entitled to", after "license", deleted "to tangible or", and after "developed from the small business assistance", added "or can obtain ownership of tangible or intangible property developed from the small business assistance".

The 2007 amendment, effective July 1, 2007, added Subsections D through F.