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  1. Individuals
  2. File Your Taxes Overview
  3. Penalty & Interest Rates
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Individuals

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Individuals Sidebar

Tax Policy Advisory Committee meets Wednesday

10/5/2020

B-200.34 – Delivered Groceries

9/2/2020

Delivered groceries may not be taxable

9/2/2020

TRD Audit and Compliance Division to start outbound calling

8/25/2020

Changes Coming to Combined Reporting System

8/24/2020

Back-to-School Tax Holiday is this weekend

8/04/2020

Modified enforcement extended through August

7/30/2020

July new business workshop to be presented online

7/27/2020

New multi-year tax forms available

7/24/2020

Hearing scheduled on new rules for New Mexico driver’s licenses

7/21/2020

Penalty & Interest Rates

Penalty is calculated at 2% per month or partial month to a maximum of 20% on the unpaid principal of tax due.

Interest accrues daily on the unpaid principal of tax due and can change on a quarterly basis.

Current Interest Rates

Interest accrues on tax that isn’t paid on or before the due date of your return even if you receive an extension of time to file. Interest by law cannot be waived. Prior to January1, 2008, interest is calculated at the statutory rate of 15% per year and is computed on a daily basis. Beginning January1, 2008, interest is calculated on a daily basis at the rate set for individual income tax purposes by the U.S. Internal Revenue Code (IRC).

Table of Effective Interest Rates

Period
Annual Rate
Daily Rate
Prior to January 1, 2008 15% 0.041%
Jan. 1, 2008 – Mar. 31, 2008 7% 0.019125683%
Apr. 1, 2008 – Jun. 30, 2008 6% 0.016393442%
July 1, 2008 – Sep. 30, 2008 5% 0.013661202%
Oct. 1, 2008 – Dec. 31, 2008 6% 0.016393442 %
Jan. 1, 2009 – Mar. 31, 2009 5% 0.013661202%
Apr. 1, 2009 – Dec. 31, 2010 4% 0.010958904%
Jan. 1, 2011 – Mar. 31, 2011 3% 0.008219178%
Apr. 1, 2011 – Sep. 30, 2011 4% 0.010958904%
Oct. 1, 2011 – Dec. 31, 2011 3% 0.008219178%
Jan. 1, 2012 – Dec. 31, 2012 3% 0.008196721%
Jan. 1, 2013 – Dec. 31, 2015 3% 0.008219178%
Jan. 1, 2016 – Mar. 31, 2016 3% 0.008196721%
Apr. 1, 2016 – Dec. 31, 2016 4% 0.010928962%
Jan. 1, 2017 – Mar. 31, 2018 4% 0.010958904%
Apr. 1, 2018 – Dec. 31, 2018 5% 0.013698630%
Jan. 1, 2019 – Jun. 30, 2019 6% 0.016438356%
July 1, 2019 – Dec. 31, 2019 5% 0.013698630%
Jan. 1, 2020 – Jun. 30,2020 5% 0.013661202%
July 1,2020 – Dec. 31, 2020 3% 0.008196721%
Jan. 1,2021 – Mar. 31,2021 3% 0.008219178%

The formula for calculating daily interest is:

Tax due × daily interest rate for the quarter × number of days late = interest due.

For example, say a taxpayer owes $300 for the 3rd quarter of 2020, due July 15, 2020. The daily rate for the 3rd quarter of 2020 is 0.008196721%. If the tax-due date is July 15, 2020, and the taxpayer pays on July 30, 2020, the payment is 15 days late – using the formula – $300 x 0.008196721% x 15 = 0.37, the taxpayer owes an additional $0.37 in interest.

The negligence penalty for late filing or late payment applies if you file late and owe tax, or if you do not pay your tax when due. The penalty is 2% of the tax due for each month or part of a month the return is not filed or the tax is not paid, to a maximum of 20%. 

This penalty applies when your failure to file or pay is because of negligence or disregard of the rules and regulations but without intent to defraud.

Latest News

Changes Coming to Combined Reporting System

Back-to-School Tax Holiday is this weekend

Modified enforcement extended through August

July new business workshop to be presented online

New multi-year tax forms available

Hearing scheduled on new rules for New Mexico driver’s licenses

Tax Policy Advisory Committee meets Wednesday

Delivered Groceries

Delivered groceries may not be taxable

TRD Audit and Compliance Division to start outbound calling

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