1. A. When a taxpayer has paid interest with respect to an amount of tax that is paid after the time it is due to be paid and the taxpayer subsequently becomes entitled to a refund of part or all of the tax, the taxpayer is also entitled to a refund of a proportionate amount of the interest paid by the taxpayer whether or not the taxpayer specifically requests refund of the interest.

2. B. When a taxpayer has paid penalty pursuant to Section 7-1-69 NMSA 1978 with respect to an amount of tax that is paid after the time it is due to be paid and the taxpayer subsequently becomes entitled to a refund of part or all of the tax, the taxpayer is also entitled to a proportionate refund of the penalty paid by the taxpayer whether or not the taxpayer specifically requests refund of the penalty.

   HISTORY OF 3.1.9 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

   BOR 67-1, Tax Administration Act, 7/19/67, filed 7/28/67.

   R.D./OGAD Rule No. 1985, Regulations Pertaining to the Tax Administration Act, filed 11/5/85.

   TRD Rule TA-90, Regulations Pertaining to the Tax Administration Act, Sections 7-1-1 to 7-1-82 NMSA 1978, filed 8/15/90.

   History of Repealed Material: [RESERVED]

   NMAC History:

   3 NMAC 1.9, Tax Administration - Refund, filed 10/17/96.

   3.1.9 NMAC, Tax Administration - Refund, filed 1/4/2001.

[3.1.9.16 NMAC - N, 1/15/01]