Attorney General Opinions and Advisory Letters

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Opinion No. 35-993

April 20, 1935

BY: FRANK H. PATTON, Attorney General

TO: Mr. W. S. Barnes, Auditor, Bureau of Revenue, Income Tax Department, Santa Fe, New Mexico.

{*63} This will acknowledge receipt of your letter dated April 19, 1935, regarding the question of the liability of a non-resident as to income tax due the State of New Mexico under Chapter 85, Laws of 1933.

After a careful consideration of Section 25 of the aforesaid act, it is our opinion that said Section 25 only applies to a non-resident taxable thereunder as follows:

1. If the laws of the state of his domicile grant a substantial similar credit to residents of this state. Therefore, the question is, does Kansas grant a substantial similar credit to residents of New Mexico? No. The Kansas act grants a credit to residents of Kansas on income derived from sources in another state and does not grant a similar credit to non-residents, i. e., residents of New Mexico.

2. Does Kansas exempt from taxation the personal incomes of residents of New Mexico? For example, a resident of New Mexico residing in Kansas and deriving a portion of his income from the State of New Mexico. It is our opinion that Kansas does not exempt a non-resident for the reason that the Kansas statute specifically provides credits against the tax may be made by a resident while no mention is made to exempt a non-resident.

Therefore, it is our opinion that Section 25 does not apply in the instant cause and the income earned in New Mexico by a Kansas resident residing here is taxable under the New Mexico State Income Law.

By EDW. P. CHASE,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.